Sea Fish (Conservation) Act 1967
What this means for your business
- Enforced by
- APHA, Forestry Commission, Natural England
- Applies to
- United Kingdom
- On this page
- 11 compliance obligations, 1 practical guide
What you must do
11 compliance obligations under this legislation.
Other requirements 1
Apply to the Sea Fish Licence Tribunal to review time restrictions on your licence
If your vessel’s fishing licence limits the amount of time you can spend at sea, and that’s the first licence of its kind for your vessel, you can ask the Sea Fish Licence Tribunal to reconsider that limit. You’ll need to follow the minister‑made regulations on how, when and where to make the application.
Offences and prohibitions 10
Assault an officer enforcing sea‑fish orders
Unlimited fineIf any person physically assaults a police officer, British sea‑fishery officer, market‑authority officer, Fishmongers’ Company officer or any other authorised officer who is carrying out inspection powers under the Sea Fish (Conservation) Act 1967, they commit a criminal offence. The offence is tried in the Magistrates’ Court and, on conviction, results in an unlimited fine.
Fail to comply with fishing gear order
Unlimited fineIf you operate a fishing boat (as master, owner or charterer) or use fishing nets/gear from shore and you break any order made under this Act – for example rules about mesh size, construction or where and when the gear can be used – you commit a criminal offence. On conviction you could face a fine and/or imprisonment, the exact maximums being set elsewhere in the legislation. The offence is aimed at fishing businesses and anyone using fishing gear in UK waters.
Fail to comply with officer’s requirements
Unlimited fineIf you refuse or neglect to follow a lawful request from a British sea‑fishery officer – for example producing documents, allowing entry to premises or a vessel, or complying with any other requirement set out in subsections 2A or 2B – you commit a criminal offence. On conviction you face an unlimited fine; the case can be tried either in a magistrates’ court (summary) or in the Crown Court (indictable).
Fail to give correct fish landing or trans‑shipment declaration
Unlimited fineIf the master of a vessel either gives a false written declaration about the fish being landed or trans‑shipped, or does not provide the declaration when required by a sea‑fishery officer, the master commits a criminal offence. Conviction can lead to a fine and/or imprisonment, the exact level of which will be determined by the court.
Fish or catch sea fish contrary to an order
Unlimited fineIf you fish for sea fish – or any specific type of sea fish – in an area or at a time that an order prohibits it, or you exceed the amount of fish allowed by an order, you commit a criminal offence. The offence also applies to the master, owner and charterer of any fishing boat that breaches the order, as well as to anyone who fails to return fish caught in breach as required. Conviction can result in an unlimited fine and/or imprisonment, and the case may be tried in either the magistrates' court or the Crown Court.
Land or trans‑ship prohibited sea fish
Unlimited fineIf you land sea fish, or move (trans‑ship) sea fish, that have been prohibited by an order made under this Act, you – as the ship’s master, the vessel’s owner, or the charterer – commit a criminal offence. Conviction can lead to a fine, imprisonment, or both, depending on how the court proceeds.
Land, sell or carry undersized sea fish
Unlimited fineIf you land, sell, expose for sale, keep for sale or transport sea fish that do not meet the size limits set by the Ministers, you commit a criminal offence. The offence applies to anyone who does this, including the master, owner or charterer of a British fishing vessel, and the master of a foreign vessel. A conviction can lead to prosecution with fines and/or imprisonment, although the exact penalties are set elsewhere in the legislation.
Liability of directors or partners for corporate fish offences
Unlimited fineIf your company commits an offence under the Sea Fish (Conservation) Act (sections 1‑6) and it is shown that a director, manager, secretary, similar officer or a partner consented, connived or was negligent, that individual is also guilty of the offence. They can be prosecuted and face the same punishment as the company. The offence applies to any person acting in those capacities, even if they only pretended to hold the role.
Possess prohibited fish for business use
Unlimited fineIf your business keeps fish that are banned from being sold in England or Wales and you hold them for processing or any other business activity, you are committing an offence. The offence can lead to criminal prosecution, with the court able to impose a fine and/or a custodial sentence. The exact penalty will be set by the court according to the relevant sentencing guidelines.
Receive trans‑shipped fish without a licence or breach licence conditions
Unlimited fineIf a vessel you own, charter or captain receives fish that have been transferred from another vessel without first obtaining a licence, or you break any condition of that licence, fail to supply information the Minister requires, or give false information, you can be prosecuted. The master, owner and charterer are each liable. Penalties (fines and/or imprisonment) are set elsewhere in the Act but can be unlimited.
Penalties for non-compliance
11 penalties under this legislation. 11 carry an unlimited fine.
Assault an officer enforcing sea‑fish orders
Unlimited fine
Fail to comply with fishing gear order
Unlimited fine
Fail to comply with officer’s requirements
Unlimited fine
Fail to give correct fish landing or trans‑shipment declaration
Unlimited fine
Fish or catch sea fish contrary to an order
Unlimited fine
Land or trans‑ship prohibited sea fish
Unlimited fine
Breach sea fish conservation duties (sections 1‑7)
Unlimited fine
Land, sell or carry undersized sea fish
Unlimited fine
Liability of directors or partners for corporate fish offences
Unlimited fine
Possess prohibited fish for business use
Unlimited fine
Receive trans‑shipped fish without a licence or breach licence conditions
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
33 classified provisions from this legislation.
Offences and penalties 12
- s.1 Size limits, etc. for fish.
- s.2 Size limits for fish for use in course of any business.
- s.3 Regulation of nets and other fishing gear.
- s.4A Licensing of vessels receiving trans-shipped fish
- s.5 Power to restrict fishing for sea fish.
- s.6 Prohibition on landing of sea fish caught in certain areas.
- s.7 Declarations required for purposes of orders under s. 6.
- s.11 Penalties for offences.
- s.12 Offences by directors, partners, etc
- s.14 Jurisdiction of court to try offences.
- s.15 Powers of British sea-fishery officers for enforcement of Act.
- s.16 Enforcement of orders under ss. 1 and 2.
Powers 7
- s.4B Regulations supplementary to section 4A.
- s.4C Proceedings for offences relating to licences —evidence.
- s.5A Powers to restrict fishing for marine environmental purposes.
- s.9 Exemption for operations for scientific and other purposes.
- s.10 Measures for increase or improvement of marine resources.
- s.20 Orders.
- s.24 Isle of Man and Channel Islands.