The Sea Fishing (Restriction on Days at Sea) Order 2004

Extract

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The Sea Fishing (Restriction on Days at Sea) Order 2004

STATUTORY INSTRUMENTS

2004 No. 398

SEA FISHERIES, ENGLAND

The Sea Fishing (Restriction on Days at Sea) Order 2004

Made 17th February 2004

Laid before Parliament 18th February 2004

Coming into force 19th February 2004

The Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with sea fishing in Northern Ireland, in exercise of the powers conferred by section 30(2) of the Fisheries Act 1981[1], and now vested in them[2], make the following Order:

Title, commencement, extent and application

1. - (1) This Order may be cited as the Sea Fishing (Restriction on Days at Sea) Order 2004 and shall come into force on 19th February 2004.

(2) Subject to paragraph (3) this Order shall not form part of the law of Scotland or Northern Ireland or apply in Wales.

(3) Nothing in paragraph (2) shall be treated as prejudicing the effect of section 30(2A) of the Fisheries Act 1981 in relation to, or for purposes incidental to, any provision which creates an offence.

(4) This Order does not apply to any fishing boat which is less than 10 metres in length as set out in point 1 of Annex V.

Interpretation

2. - (1) In this Order -

"Annex V" means Annex V to Council Regulation (EC) No. 2287/2003 fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required[3];

"the Annex V year" means the period commencing with the coming into force of this Order and ending with 31st December 2004, and references to things done during the Annex V year cover things done at any time within it;

"base unit" has the same meaning as in article 3;

"British fishing boat" means a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995[4] or is owned wholly by persons qualified t...

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