Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/1075 |
| Year | 2000 |
2000 No. 1075 (W.69)
SEA FISHERIES, WALES
The Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000
Made 29th March 2000
Coming into force 1st April 2000
In exercise of the powers conferred by section 30(2) of the Fisheries Act 19811, which are now vested in it, the National Assembly for Wales2hereby makes the following Order:—
Title, commencement and application
1.—(1) This Order may be cited as the Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000 and shall come into force on 1st April 2000.
(2) This Order applies to Wales only.
Interpretation
2.—(1) In this Order—
“Community control measure” (“mesurau rheoli'r Gymuned”) means a provision of Regulation 2847/93 or of Regulation 1382/87 specified in Column 1 of the Schedule;
“fishing boat” (“cwch pysgota”) includes a receiving vessel and a third country vessel, within the meaning of Regulation 2847/93;
“fishery products” (“cynhyrchion pysgodfeydd”) includes fish;
“Regulation 2807/83” (“Rheoliad 2807/83”) means Commission Regulation (EEC) No 2807/83laying down detailed rules for recording information on Member States' catches of fish3as amended by Commission Regulation (EEC) No. 473/894, Commission Regulation (EC) No. 2945/955, Commission Regulation (EC) No. 395/986, Commission Regulation (EC) No. 1488/987and Commission Regulation (EC) No. 2737/998;
“Regulation 1382/87” (“Rheoliad 1382/87”) means Commission Regulation (EEC) No. 1382/87establishing detailed rules concerning the inspection of fishing vessels9;
“Regulation 2847/93” (“Rheoliad 2847/93”) means Council Regulation (EEC) No. 2847/93establishing a control system applicable to the common fisheries policy10as amended by Council Regulation (EC) No. 2870/9511, Council Decision (EC) 95/52812, Council Regulation (EC) 2489/9613, Council Regulation (EC) 686/9714, Council Regulation (EC) 2205/9715, Council Regulation (EC) 2635/9716and Council Regulation (EC) 2846/9817;
“Regulation 1449/98” (“Rheoliad 1449/98”) means Commission Regulation (EC) No. 1449/98laying down detailed rules for the application of Council Regulation (EEC) No. 2847/93as regards effort reports18
“relevant British fishing boat” (“cwch pysgota Prydeinig berthnasol”) means a fishing boat, other than a Scottish fishing boat, which is registered in the United Kingdom under Part II of the Merchant Shipping Act 199519or is owned wholly by persons qualified to own British ships for the purposes of that part of the Act;
“relevant offence” (“tramgwydd perthnasol”) means an offence under:
(a) article 3 of this Order, or
(b) any provision in an order extending to any other part of the United Kingdom made for the purposes of implementing a Community control measure, being a provision in respect of which, by virtue of section 30(2A)20of the Fisheries Act 1981, proceedings may be commenced in any place in the United Kingdom;
“Scottish fishing boat” (“cwch pysgota Albanaidd”) means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging;
“transport document” (“dogfen drafnidiaeth”) means a document drawn up in accordance with Article 13 of Regulation 2847/93;
“transporter” (“cludwr”) means the owner or the hirer of, or the person responsible for, any vehicle used to transport fisheries products.
“Wales” is to be interpreted in accordance with section 155(1) and (2) of the Government of Wales Act 199821.
(2) In this Order any reference to a logbook, declaration or document includes, in addition to a logbook, declaration or document in writing—
(i)
(i) any map, plan, graph or drawing,
(ii)
(ii) any photograph,
(iii)
(iii) any data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93,
(iv)
(iv) any disk, tape, sound track or other device in which sounds or other data (not being visual aids) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom, and
(v)
(v) any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
(3) Any reference in this Order—
(a)
(a) to the Schedule is a reference to the Schedule to this Order; and
(b)
(b) to a Community instrument is a reference to that instrument and any amendment of such instrument in force on the date this Order is made;
(c)
(c) to a numbered Article of Council Regulation 2847/93 is a reference to the Article so numbered in that Regulation as read with any detailed rules for the implementation of that Article specified in the appropriate entry in column 2 of the Schedule.
(4) Column 3 of the Schedule (which provides in relation to each Community control measure an indication of the subject matter of the measure) shall not be read as limiting the scope of any Community control measure and shall be disregarded in relation to any question arising as to the construction of this Order.
Offences
3.—(1) Where there is, in respect of—
(a)
(a) any fishing boat within the territorial sea adjacent to Wales22;
(b)
(b) any entry into the territorial sea adjacent to Wales by any fishing boat; or
(c)
(c) any fishery products, premises or vehicle in Wales,
a contravention of, or failure to comply with, a Community control measure specified in column 1 of the Schedule, the persons specified in the appropriate entry in column 5 of the Schedule shall each be guilty of an offence.
(2) Subject to paragraph (3), any person who in purported compliance with Articles 6, 7, 8.1, 9.1, 9.2, 9.5, 11, 12, 13 or 17.2, Articles 19b and 19c or Articles 19e, 20.2, 28.2a, 28c, 28e or 28f of Regulation 2847/93, furnishes information which he or she knows to be false in a material particular or recklessly furnishes information which is false in a material particular shall be guilty of an offence.
(3) Paragraph (2) applies to any furnishing of information —
(a)
(a) in Wales (which includes the territorial sea adjacent to Wales),
(b)
(b) to a British sea-fishery officer performing any function under article 6 or 7 of this Order,
(c)
(c) in relation to any activity of a relevant British fishing boat, to the competent authorities in another Member State within the meaning of Regulation 2847/93.
Penalties
4.—(1) A person found guilty of an offence under article 3(1) of this Order, or under any equivalent provision in an order extending to any other part of the United Kingdom, proceedings in respect of which were brought in Wales by virtue of section 30(2A) of the Fisheries Act 1981, shall be liable—
(a)
(a) on summary conviction to a fine not exceeding the amount specified in the appropriate entry in column 4 of the Schedule;
(b)
(b) on conviction on indictment to a fine.
(2) A person found guilty of an offence under Article 3(1) of this Order, or under any equivalent provision in an order extending to any other part of the United Kingdom proceedings in respect of which were brought in Wales by virtue of section 30(2A) of the Fisheries Act 1981, founded on a contravention of, or failure to comply with—
(a)
(a) Articles 19a.2, 20.1, 20a or 21c.2 of Regulation 2847/93 shall also be liable—
(i) to the forfeiture of any net or other fishing gear in respect of which the offence was committed, or which was used in committing the offence, or which was used for catching any fish in respect of which the offence was committed; and
(ii) to the forfeiture of any fish in respect of which the offence was committed, or, on summary conviction only, to a fine not exceeding the value of any fish in respect of which the offence was committed; or
(b)
(b) Articles 6, 8.1, 9, 11, 12, 13 or 17.2, Articles 19b and 19c or Articles 19e, 20.2, 28c (in relation to the requirements in respect of logbooks and recording of catches on board) or 28d of Regulation 2847/93 shall also be liable to the forfeiture of any fish in respect of which the offence was committed, or to a fine not exceeding the value of any fish in respect of which the offence was committed.
(3) A person found guilty of an offence under article 3(2) of this Order, or under any equivalent provision extending to any other part of the United Kingdom, proceedings in respect of which were brought in Wales by virtue of section 30(2A) of the Fisheries Act 1981, shall be liable —
(a)
(a) on summary conviction, to a fine not exceeding £50,000;
(b)
(b) on conviction on indictment to a fine.
Recovery of fines
5.—(1) Where a fine is imposed by a magistrates court on the master, owner, charterer, person responsible for the vessel or any other person who is convicted by the court of a relevant offence or an offence under article 10 of this Order, the court may, for the purposes of recovering the fine —
(a)
(a) issue a warrant of distress against the boat involved in the commission of the offence and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; or
(b)
(b) order such boat and its gear and catch to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
(2) Sections 77(1) and 78 of the Magistrates' Courts Act 198023(postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article as they apply to a warrant of distress issued under Part III of that Act.
(3) Where in relation to a fine in respect of a relevant offence a transfer of fine order under section 90 of the Magistrates Court Act 1980, Article 95 of the Magistrates' Courts (Northern Ireland) Order 198124or section 222...
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