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SEA FISHERIES ACT 1883 - SECT 31
Continuance of Act.
31. So much of this Act as has effect outside of [British fishery limits]
shall, if the Convention ceases to be binding on Her Majesty, cease to apply
to the boats and officers of any Foreign State bound by the Convention, and if
the Convention ceases to be binding on any Foreign State shall cease to apply
to the boats and officers of such State, but subject as aforesaid this Act
shall continue in force notwithstanding the determination of the Convention.
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland; His
Majesty the Emperor of Germany, King of Prussia; His Majesty the King of the
Belgians; His Majesty the King of Denmark; the President of the French
Republic; and His Majesty the King of the Netherlands, having recognised the
necessity of regulating the police of the fisheries in the North Sea, outside
territorial waters, have resolved to conclude for this purpose a Convention,
and have named their Plenipotentiaries as follows:
Names and styles of plenipotentiaries
Who, after having communicated the one to the other their full powers, found
in good and due form, have agreed upon the following Articles:
Arts.IXII rep. by 1968 c.77 s.22 sch.2 Pt.II
The nationality of a boat must not be concealed in any manner whatsoever.
No fishing boat shall anchor, between sunset and sunrise, on grounds where
drift-net fishing is actually going on.
This prohibition shall not, however, apply to anchorings which may take place
in consequence of accidents or of any other compulsory circumstances.
Boats arriving on the fishing grounds shall not either place themselves or
shoot their nets in such a way as to injure each other, or as to interfere
with fishermen who have already commenced their operations.
Whenever, with a view of drift-net fishing, decked boats and undecked boats
commence shooting their nets at the same time, the undecked boats shall shoot
their nets to the windward of the decked boats.
The decked boats, on their part, shall shoot their nets to leeward of the
undecked boats.
As a rule, if decked boats shoot their nets to windward of undecked boats
which have begun fishing, or if undecked boats shoot their nets to leeward of
decked boats which have begun fishing, the responsibility as regards any
damages to nets which may result shall rest with the boats which last began
fishing, unless they can prove that they were under stress of compulsory
circumstances, or that the damage was not caused by their fault.
No net or any other fishing engine shall be set or anchored on grounds where
drift-net fishing is actually going on.
No fisherman shall make fast or hold on his boat to the nets, buoys, floats,
or any other part of the fishing tackle of another fisherman.
When trawl fishermen are in sight of drift-net or of long-line fishermen, they
shall take all necessary steps in order to avoid doing injury to the latter.
Where damage is caused, the responsibility shall lie on the trawlers, unless
they can prove that they were under stress of compulsory circumstances, or
that the loss sustained did not result from their fault.
When nets belonging to different fishermen get foul of each other, they shall
not be cut without the consent of both parties.
All responsibility shall cease if the impossibility of disengaging the nets by
any other means is proved.
When a boat fishing with long lines entangles her lines in those of another
boat, the person who hauls up the lines shall not cut them except under stress
of compulsory circumstances, in which case any line which may be cut shall be
immediately joined together again.
Except in cases of salvage and the cases to which the two preceding articles
relate, no fisherman shall, under any pretext whatever, cut, hook, or lift up
nets, lines, or other gear not belonging to him.
The use of any instrument or engine which serves only to cut or destroy nets
is forbidden.
The presence of any such engine on board a boat is also forbidden.
The high contracting parties engage to take the necessary measures for
preventing the embarkation of such engines on board fishing boats.
Arts.XXIVXXIX rep. by 1968 c.77 s.22 sch.2 Pt.II
The commanders of the cruizers of the Signatory Powers shall exercise their
judgment as to the gravity of facts brought to their knowledge, and of which
they are empowered to take cognizance, and shall verify the damage, from
whatever cause arising, which may be sustained by fishing boats of the
nationalities of the high contracting parties.
They shall draw up, if there is occasion for it, a formal statement of the
verification of the facts as elicited both from the declarations of the
parties interested and from the testimony of those present.
The commander of the cruizer may, if the case appears to him sufficiently
serious to justify the step, take the offending boat into a port of the nation
to which the fishermen belong. He may even take on board the cruizer a part of
the crew of the fishing boat in order to hand them over to the authorities of
her nation.
The formal statement referred to in the preceding Article shall be drawn up in
the language of the commander of the cruizer, and according to the forms in
use in his country.
The accused and the witnesses shall be entitled to add, or to have added, to
such statement, in their own language, any observations or evidence which they
make think suitable. Such declarations must be duly signed.
Art.XXXII rep. by 1968 c.77 s.22 sch.2 Pt.II
When the act alleged is not of a serious character, but has nevertheless
caused damage to any fisherman, the commanders of cruizers shall be at
liberty, should the parties concerned agree to it, to arbitrate at sea between
them, and to fix the compensation to be paid.
Where one of the parties is not in a position to settle the matter at once,
the commanders shall cause the parties concerned to sign in duplicate a formal
document specifying the compensation to be paid.
One copy of this document shall remain on board the cruizer, and the other
shall be handed to the master of the boat to which compensation is due, in
order that he may, if necessary, be able to make use of it before the Courts
of the country to which the debtor belongs.
Where, on the contrary, the parties do not consent to arbitration, the
commanders shall act in accordance with the provisions of Article XXX.
Arts.XXXIVXXXIX rep. by 1968 c.77 s.22 sch.2 Pt.II
The Government of His Majesty the King of Sweden and Norway may adhere to the
present convention, for Sweden and for Norway, either jointly or separately.
This adhesion shall be notified to the Netherlands Government, and by it to
the other Signatory Powers.
In witness whereof the Plenipotentiaries have signed the present convention,
and have affixed thereto their seals.
Done at the Hague, in six copies, the 6th May 1882.
Signatures of plenipotentiaries
Second Schedule rep. by SLR 1898; 1964 c.72 s.3 sch.2
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