Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Cod)(Irish Sea) (Wales) Order 2000
| Jurisdiction | Wales |
| Citation | SI 2000/976 |
| Year | 2000 |
2000 No. 976 (W. 46 )
SEA FISHERIES, WALES
The Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Cod)(Irish Sea) (Wales) Order 2000
Made 17th March 2000
Coming into force 18th March 2000
In exercise of the powers conferred by section 30(2) of the Fisheries Act 19811which 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 Measures for the Recovery of the Stock of Cod) (Irish Sea) (Wales) Order 2000 and shall come into force on 18th March 2000.
(2) This Order applies to Wales only.
Interpretation
2.—(1) In this Order –
“British fishing boat” (“cwch pysgota Prydeinig”) means a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 19953or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act;
“the Community provisions” (“y darpariaethau Cymunedol”) mean:
(a) the prohibition contained in Article 1.1 of the Commission Regulation, as read with Article 1.2 and 1.3 of that Regulation, and
(b) the requirement contained in Article 4(4)(b) of Regulation 850/98, as read with articles 4(5)(a) and 5 and Annex I of that Regulation, in so far (only) as that requirement has been given extended effect by virtue of Article 2 of the Commission Regulation;
“the Commission Regulation” (“Rheoliad y Comisiwn”) means Commission Regulation (EC) No. 304/2000establishing measures for the recovery of the stock of cod in the Irish Sea (ICES Division VIIa)4;
“fishing boat” (“cwch pysgota”) includes a receiving vessel and a third country vessel, in each case within the meaning of Regulation 2847/93;
“local fisheries committee” (“pwyllgor pysgodfeydd lleol”) means a local fisheries committee constituted by an order made, or having effect as if made, under section 1 of the Sea Fisheries Regulation Act 19665;
“Regulation 2847/93” (“Rheoliad 2847/93”) means Council Regulation (EEC) No 2847/93establishing a control system applicable to the common fisheries policy7;
“Regulation 850/98” (“Rheoliad 850/98”) means Council Regulation (EC) No 850/98for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms7;
“relevant British fishing boat” (“cwch pysgota Prydeinig perthnasol”) means a British fishing boat which is not a Scottish fishing boat;
“relevant offence” (“tramgwydd perthnasol”) means an offence under:
(a) article 3 of this Order, or
(b) any provision in any other order extending to any part of the United Kingdom made for the purposes of implementing the Community provisions being a provision in respect of which, by virtue of section 30(2A) of the Fisheries Act 1981, proceedings may be commenced in any place in the United Kingdom;
“specified area” (“ardal benodedig”) means that part of the area defined in Article 1.1 of the Commission Regulation, within the territorial sea adjacent to Wales8;
“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.
“Wales” (“Cymru”) is to be interpreted in accordance with section 155(1) and (2) of the Government of Wales Act 19989.
(2) In this Order any reference to a document, logbook or declaration includes, in addition to a document, logbook or declaration in writing –
(i)
(i) any map, plan, graph or drawing;
(ii)
(ii) any photograph;
(iii)
(iii) any data, howsoever reproduced, communicated via a satellite-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 images) 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 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.
Offences
3. – Where there is, in respect of
(a) any fishing boat within the specified area; or
(b) the entry into any part of the specified area by any fishing boat,
a contravention of, or failure to comply with any of the Community provisions, the master, the owner and the charterer (if any) shall each be guilty of an offence.
Penalties
4.—(1) A person guilty of an offence under article 3 of this Order, or under any equivalent provision in any other order extending to any 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 statutory maximum;
(b)
(b) on conviction on indictment to a fine.
(2) Subject to the following provisions of this article, the court by or before which a person is convicted of a relevant offence, may order the forfeiture of any fish in respect of which the offence was committed and of any net or other fishing gear used in committing the offence.
(3) Any person found guilty of a relevant offence shall, subject to paragraph (5), be liable on summary conviction to a fine not exceeding the value of the fish in respect of which the offence was committed.
(4) A person shall not be liable to a fine under paragraph (3) in respect of a relevant offence if, under paragraph (2), the court orders the forfeiture of the fish in respect of which the offence was committed; and where a fine is imposed under paragraph (3) in respect of any relevant offence, the court shall not have power under paragraph (2) to order the forfeiture of the fish in respect of which the relevant offence was committed.
(5) Subject to paragraph (4), any fine to which a person is liable under paragraph (3) in respect of a relevant offence shall be in addition to any other penalty (whether pecuniary or otherwise) to which the person is liable in respect of that offence under this article or under any other enactment.
Recovery of fines
5.—(1) Where a fine is imposed by a magistrates court on the master, owner or charterer, or a member of the crew, of a fishing boat who is convicted by the court of a relevant offence or an offence under article 10 of this Order, the court may –
(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; and
(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 198010(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' Courts Act 1980, article 95 of the Magistrates' Courts (Northern Ireland) Order 198111or section 222 of the Criminal Procedure (Scotland) Act 199512specifies a petty sessions area in Wales this article shall apply as if the fine were imposed by a court within that petty sessions area.
Powers of British sea-fishery officers in relation to fishing boats
6.—(1) For the purpose of enforcing article 3 of this Order, or any equivalent provision in any other order extending to any part of the United Kingdom made for the purposes of implementing the Community provisions, any British sea-fishery officer may exercise in relation to:
(a)
(a) any relevant British fishing boat which is within the territorial sea adjacent to Wales; or
(b)
(b) any other fishing boat which is within the specified area,
the powers conferred by paragraphs (2) to (4) of this article.
(2) The officer may go on board the boat, with or without persons assigned to assist with his or her duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
(3) The officer may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to the officer to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular –
(a)
(a) may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to the officer to be necessary for facilitating the examination;
(b)
(b) may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in the custody or possession of that person;
(c)
(c) for the purposes of ascertaining whether a relevant offence has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search;
(d)
(d) may inspect and take copies of any such document produced to the officer or found on board;
(e)
(e) without prejudice to sub-paragraphs (c) and (d), may...
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