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MERCHANT SHIPPING ACT 1894 - SECT 373



373.(1) This section shall apply to the British Islands, and to all British
fishing boats, including those used otherwise than for profit, and the
expression "fishing boat" in this section shall be construed accordingly.

(2) Subject to any exemptions made by the regulations under this section,
every fishing boat shall be lettered and numbered and have official papers,
and shall for that purpose be entered in the fishing boat register.

(3) If a fishing boat required to be so entered is not so entered, she shall
not be entitled to any of the privileges or advantages of a British
fishing boat, but all obligations, liabilities and penalties with reference to
that boat, and the punishment of offences committed on board her, or by any
persons belonging to her, and the jurisdiction of officers and courts, shall
be the same as if the boat were actually so entered.

(4) If a fishing boat required to be entered in the fishing boat register is
not so entered, and is used as a fishing boat, the owner and skipper of such
boat shall each be liable, for each offence, to a fine not exceeding [#50],
and the boat may be detained.

(5) Her Majesty, by Order in Council, may make regulations for carrying into
effect and enforcing the entry of fishing boats in the fishing boat register,
and any convention with a foreign country relative to the registry, lettering,
and numbering of fishing boats, which is for the time being in force by virtue
of any statute, and may by such regulations

(a)adopt any existing system of registry or lettering and numbering of boats,
and provide for bringing any such system into conformity with the requirements
of this Act and of any such convention, and the regulations; and

(b)define the boats or classes of boats to which the regulations or any of
them are to apply, and provide for the exemption of any boats or classes of
boats from the provisions of this section, and from the regulations or any of
them; and

(c)apply to the entry of fishing boats in the fishing boat register, and to
all matters incidental thereto, such (if any) of the enactments contained in
this or any other Act relating to the registry of British ships, and with such
modifications and alterations as may be found desirable; and

(d)impose [fines not exceeding fifty pounds] for the breach of any such
regulations which cannot be punished by the application of any of those
enactments.

[(6) Sections 8 and 9 of the Sea Fisheries Act 1968 (general powers of British
sea-fishery officers, and powers of sea-fishery officers to enforce
conventions) shall apply in relation to this section and any Order in Council
thereunder, and to any convention mentioned in subsection (5) above, as they
apply respectively in relation to any order mentioned in the said section 8
and any convention mentioned in the said section 9; and sections 10, 11, 12
and 14 of that Act (offences, and supplemental provisions as to legal
proceedings) shall apply accordingly.]

Subs.(7) rep. by 1952 c.44 s.320 sch.12 Pt.I


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