Order in Council APPLYING ALL THE PROVISIONS OF THE SEA FISHERIES ACT, 1883 (46 & 47 VICT. C. 22), TO THE CONVENTION OF JUNE 24, 1901, BETWEEN HIS MAJESTY AND THE KING OF DENMARK.

JurisdictionUK Non-devolved
CitationSI 1903/214

1903 No. 214

FISHERIES

ORDER IN COUNCIL APPLYING ALL THE PROVISIONS OF THE SEA FISHERIES ACT, 1883 (46 & 47 VICT. C. 22), TO THE CONVENTION OF JUNE 24, 1901, BETWEEN HIS MAJESTY AND THE KING OF DENMARK.

PRESENT,

The King's Most Excellent Majesty in Council.

Whereas by Section 23 of the Sea Fisheries Act, 1883, it is provided as follows:—

23. If at any time after the commencement of this Act any convention, treaty, or arrangement respecting sea fisheries is made between Her Majesty and any Foreign State, it shall be lawful for Her Majesty, by Order in Council, to direct that all or any of the provisions of this Act shall, and the same shall accordingly (subject to the exceptions, restrictions, and conditions, if any, in the Order mentioned) apply to the said convention, treaty, or arrangement, and have effect in like manner as if the said convention, treaty, or arrangement were set forth in the first schedule to this Act, and were part of that schedule, and were the Convention referred to in this Act.

And whereas on the 24th day of June, 1901, a Convention was entered into between His Majesty the King of the United Kingdom of Great Britain and Ireland and His Majesty the King of Denmark for regulating the fisheries of their respective subjects outside territorial waters in the ocean surrounding the Faröe Islands and Iceland, which Convention is set forth in the Schedule hereunto annexed:

And whereas the said Convention has been duly ratified:

And whereas it has been agreed between the high contracting parties that the said Convention shall come into operation from and after the thirty-first day of March, 1903:

And whereas the high contracting parties engaged to propose to their respective legislatures any measures which might be necessary for insuring the execution of the said Convention, and it is deemed expedient in order to give effect to such engagement to apply the provisions of the Sea Fisheries Act, 1883, as provided by the above recited section of the said Act:

Now, therefore, His Majesty, by and with the advice of His Privy Council, in pursuance of the powers in Him vested by the said section, doth by this Order direct that from and after the coming into operation of the said Convention all of the provisions of the Sea Fisheries Act, 1883, so far as they may be necessary for giving effect to and insuring the execution of the said Convention, shall apply to the said Convention.

A. W. FitzRoy.

Schedule referred to in the foregoing Order

CONVENTION BETWEEN HIS MAJESTY THE KING OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND AND HIS MAJESTY THE KING OF DENMARK, FOR REGULATING THE FISHERIES OF THEIR RESPECTIVE SUBJECTS OUTSIDE TERRITORIAL WATERS IN THE OCEAN SURROUNDING THE FAROE ISLANDS AND ICELAND.

His Majesty the King of the United Kingdom of Great Britain and Ireland and His Majesty the King of Denmark, being desirous of regulating the fisheries of their respective subjects outside Danish territorial waters in the ocean surrounding the Faroe Islands and Iceland, have resolved to conclude for this purpose a Convention, and have named their plenipotentiaries as follows:—

His Majesty the King of the United Kingdom of Great Britain and Ireland, The Marquess of Lansdowne, K.G., &c., &c., &c., His Majesty's Principal Secretary of State for Foreign Affairs; and

His Majesty the King of Denmark, M. Frants Erast de Bille, His Chamberlain and Envoy Extraordinary and Minister Plenipotentiary at London, &c., &c., &c.,:

Who, after having communicated the one to the other their full powers, found in good and due form, have agreed upon the following articles:—

Article I.

The provisions of the present Convention, the object of which is to regulate the police of the fisheries in the ocean surrounding the Faroe Islands and Iceland outside the territorial waters of these Islands, shall apply to the subjects of the high contracting parties.

Article II.

The subjects of His Majesty the King of Denmark shall enjoy the exclusive right of fishery within the distance of 3 miles from low-water mark, along the whole extent of the coasts of the said islands, as well as of the dependent islets, rocks, and banks.

As regards bays, the distance of 3 miles shall be measured from a straight line drawn across the bay, in the part nearest the entrance, at the first point where the width does not exceed 10 miles.

The present article shall not prejudice the freedom of navigation or anchorage in territorial waters accorded to fishing boats, provided they conform to the Danish Police Regulations ruling this matter, amongst others the one stipulating that trawling-vessels while sojourning in territorial waters shall have their trawling-gear stowed away in-board.

Article III.

The miles mentioned in the preceding article are geographical miles, whereof 60 make a degree of latitude.

Article IV.

The geographical limits for the application of the present Convention shall be fixed as follows:—

On the south by a line commencing from where the meridian of North Unst Lighthouse (Shetland Islands) meets the parallel of 61st degree of north latitude to a point where the 9th meridian of west longitude...

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