Fishing Boats (Marking and Documentation) (Enforcement) Order 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/2015 |
| Year | 1993 |
1993No. 2015
SEA FISHERIES
COMMUNITY RESTRICTIONS
The Fishing Boats (Marking and Documentation) (Enforcement) Order 1993
10thAugust1993
11thAugust1993
1stSeptember1993
The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with sea fishing in Scotland, Wales and Northern Ireland, in exercise of the powers conferred on them by section 30(2) and (3) of the Fisheries Act 1981( a), and of all other powers enabling them in that behalf, hereby make the following Order:
Title and commencement
1. This Order may be cited as the Fishing Boats (Marking and Documentation) (Enforcement) Order 1993 and shall come into force on 1st September 1993.
Interpretation
2.-(1) In this Order-
"British fishing boat" means a fishing boat which is registered in the United Kingdom;
"Commission Regulation" means Commission Regulation (EEC) No. 1381/87 establishing detailed rules concerning the marking and documentation of fishing vessels( b);
"Community fishing boat" means a fishing boat flying the flag of, or registered in, a member State other than the United Kingdom;
"fish room" means any space or compartment in a vessel in which its catch may be stowed;
"Islands fishing boat" means a boat which is registered in the Isle of Man or in any of the Channel Islands.
(2) For the purposes of-
(a) the information referred to in indents 1, 2, 4 and 5 of article 3(1) of the Commission Regulation, the competent authority in respect of vessels registered in England and Wales, is the Minister of Agriculture, Fisheries and Food, in respect of vessels registered in Scotland, is the Secretary of State for Scotland, and in respect of vessels registered in Northern Ireland, is the Secretary of State for Northern Ireland;(b) the information referred to in indent 3 of article 3(1) of the Commission Regulation, the competent authority is the Secretary of State for Trade and Industry;(a) 1981 c.29.
(b) OJ No. L132, 21.5.87, p.9.
(c) the documents certifying the size of fish rooms and indicating the calibration of chilled or refrigerated sea-water tanks, the competent authority is any authority mentioned in sub-paragraph (a) above;(d) the document recording the date of entry into service in respect of vessels registered in the United Kingdom, the competent authority is the Secretary of State for Transport.(3) In this Order, references to British fishing limits shall be construed as excluding the territorial sea adjacent to the Isle of Man.
(4) In relation to vessels registered in the Isle of Man, the competent authority for each of the purposes specified in paragraph (2) above, is the Department of Highways, Ports and Properties, a department of the Government of the Isle of Man.
Offences
3.-(1) Where there is, in respect of any British fishing boat wherever it may be, a contravention of, or failure to comply with, any provision of article 1, 2 or 3 of the Commission Regulation, the master, owner, charterer (if any) and any other person responsible for the vessel, shall each be guilty of an offence.
(2) Where there is, in respect of any Community fishing boat or any Islands fishing boat, which is within British fishery limits, a contravention of, or failure to comply with, any provision of article 1, 2 or 3(1) to (4) of the Commission Regulation, the master, owner, charterer (if any) and any other person responsible for the vessel, shall each be guilty of an offence.
Penalties
4. A person guilty of an offence under article 3 of this Order founded on a contravention of, or failure to comply with, a provision of the Commission Regulation shall be liable-
(a) on summary conviction to a fine not exceeding the amount specified in column 3 of the Schedule to this Order opposite...To continue reading
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