Sea Fishing (North-East Atlantic Control Measures) Order 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/1843 |
| Year | 2000 |
2000 No. 1843
SEA FISHERIES
The Sea Fishing (North-East Atlantic Control Measures) Order 2000
Made 13th July 2000
Laid before Parliament 14th July 2000
Coming into force 24th July 2000
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) of the Fisheries Act 19811and of all other powers enabling them in that behalf, hereby make the following Order:
PART I
INTRODUCTORY AND GENERAL
Title, commencement and extent
1.—(1) This Order may be cited as the Sea Fishing (North-East Atlantic Control Measures) Order 2000 and shall come into force on 24th July 2000.
(2) Subject to paragraph (3)—
(a)
(a) Part II of this Order shall form part of the law of England and Wales and of Northern Ireland only;
(b)
(b) Part III shall form part of the law of Scotland only.
(3) Nothing in paragraph (2) shall be treated as prejudicing the effect in any part of the United Kingdom of section 30(2A) of the Fisheries Act 19812in relation to, or for purposes incidental to, any provision in this Order which creates an offence.
Interpretation
2.—(1) In this Order—
“British fishing boat” 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 Council Regulation” means Council Regulation (EC) No. 2791/1999laying down certain control measures applicable in the area covered by the Convention on future mulitilateral cooperation in the north-east Atlantic fisheries4; which is to be read with Commission Regulation (EC) No. 1085/2000laying down detailed rules for the application of control measures applicable in the area covered by the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries5;
“duly authorised inspector” has the meaning given by Article 2.9 of the Council Regulation;
“foreign fishing boat” means a fishing boat which is not a British fishing boat and which flies the flag either of a State which is a Contracting Party to the NEAFC Convention or of a Member State of the European Community;
“infringement” has the meaning given by Article 2.7 of the Council Regulation;
“NEAFC Convention” has the meaning given by the First Recital of the Council Regulation;
“NEAFC inspector” has the meaning given by Article 2.5 of the Council Regulation and shall include a British sea-fishery officer assigned to the Scheme under Article 3 of this Order;
“non-Contracting Party vessel” has the meaning given by Article 2.10 of the Council Regulation;
“regulated resources” has the meaning given by Article 2.3 of the Council Regulation;
“Regulation 2847/93” means Council Regulation (EEC) No 2847/93establishing a control system applicable to the common fisheries policy6;
“Regulatory Area” has the meaning given by Article 2.1 of the Council Regulation;
“relevant British fishing boat” means a British fishing boat which is not a Scottish fishing boat;
“the Scheme” has the meaning given by the Third Recital of the Council Regulation;
“Scottish fishing boat” 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;
“Scottish zone” has the same meaning as in the Scotland Act 19987;
“serious infringement” has the meaning given by Article 2.8 of the Council Regulation;
“specified Community measure” means a provision of the Council Regulation which is specified in column 1 of the Schedule, as read with any qualifying words relating to that provision in that column;
any any other expression used in the Council Regulation has the same meaning in this Order as in that Regulation.
(2) In this Order—
(a)
(a) the term “within relevant British fishery limits” does not include—
(i) the Scottish zone;
(ii) the territorial sea adjacent to the Isle of Man;
(iii) the territorial sea adjacent to the Bailiwick of Jersey; and
(iv) seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 19768;
(b)
(b) any reference to a document, logbook or declaration includes, in addition to a document, logbook or declaration in writing—
(i) any map, plan, graph or drawing;
(ii) any photograph;
(iii) any data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93,
(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) 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.
(4) Column 2 of the Schedule (which provides in relation to each specified Community measure an indication of the subject matter of the provision) shall not be read as limiting the scope of any specified Community measure and shall be disregarded in relation to any question arising as to the construction of this Order.
Assignment of British sea-fishery officers to the Scheme
3.—(1) Any British sea-fishery officer may be assigned to the Scheme in accordance with this article (and such assignment shall accordingly constitute that officer a NEAFC inspector for the purposes of the Scheme and the Council Regulation).
(2) For the purposes of any provisions relating to NEAFC inspectors in Part II of this Order such assignment shall be made by the Minister of Agriculture, Fisheries and Food; but that Minister may authorise the Scottish Ministers in writing to make such assignments on his behalf and any assignments made by those Ministers under any such authorisation shall have effect accordingly.
(3) For the purposes of any provisions relating to NEAFC inspectors in Part III of this Order such assignment shall be made by the Scottish Ministers.
PART II
PROVISIONS FORMING PART OF THE LAW OF ENGLAND AND WALES AND OF NORTHERN IRELAND
Offences
4.—(1) Where there is, in respect of any relevant British fishing boat wherever it may be, a contravention of, or failure to comply with, any specified Community measure, the master, the owner and the charterer (if any) shall each be guilty of an offence.
(2) Where there is, in respect of any Community fishing vessel, other than a relevant British fishing boat, which is within relevant British fishery limits, a contravention of, or failure to comply with Article 24 of the Council Regulation, the master, the owner and the charterer (if any) shall each be guilty of an offence.
(3) Where, in respect of—
(a)
(a) any relevant British fishing boat wherever it may be; or
(b)
(b) any Scottish fishing boat or foreign fishing boat which is within relevant British fishery limits,
any person—
(i)
(i) moves, removes or interferes with an identification mark affixed to any part of fishing gear in accordance with Article 16.1(b); or
(ii)
(ii) fails to comply with a requirement imposed by the competent authorities in the United Kingdom, or a duly authorised officer, to proceed to a designated port under Article 19.4,
of the Council Regulation, the master, the owner and the charterer (if any) shall each be guilty of an offence.
(4) Where in respect of any non-Contracting Party vessel, any person—
(a)
(a) tranships fish to a Community fishing vessel within relevant British fishery limits; or
(b)
(b) lands in England, Wales or Northern Ireland or tranships within relevant British fishery limits regulated resources in breach of a notice in writing served under article 7(9) of this Order,
the master, the owner and the charterer (if any) shall each be guilty of an offence.
Penalties
5.—(1) A person found guilty of an offence under article 4(1) or (2) or (where proceedings are brought in England, Wales or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981) article 13(1) or (2) of this Order, shall be liable—
(a)
(a) on summary conviction to a fine not exceeding the amount specified in column 3 of the Schedule in relation to the specified Community measure, the contravention of, or failure to comply with, which founded the offence;
(b)
(b) on conviction on indictment to a fine.
(2) A person found guilty of an offence under article 4(3) or (4) or (where proceedings are brought in England, Wales or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981) article 13(3) or (4) of this Order, shall be liable—
(a)
(a) on summary conviction to a fine—
(i) in the case of an offence under article 4(3) or 13(3), not exceeding the statutory maximum,
(ii) in the case of an offence under article 4(4) or 13(4), not exceeding £50,000;
(b)
(b) on conviction on indictment to a fine.
(3) Subject to the following provisions of this article, the court by or before which a person is convicted of an offence founded on a contravention of, or failure to comply with, Article 4.1, 6.1, 9, 24 or 25.1 of the Council Regulation or article 4(3) or (4) or (where proceedings are brought in England, Wales or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981) article 13(3) or (4) of this Order, may order the forfeiture of:
(a)
(a) any fish...
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