The Sea Fishing (Restriction on Days at Sea) Order 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/393 |
2005 No. 393
SEA FISHERIES, ENGLAND
The Sea Fishing (Restriction on Days at Sea) Order 2005
Made 25th February 2005
Laid before Parliament 25th February 2005
Coming into force 28th February 2005
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 19811, and now vested in them2, make the following Order:
PART 1
PRELIMINARY
Title, commencement, extent and application
1.—(1) This Order may be cited as the Sea Fishing (Restriction on Days at Sea) Order 2005 and shall come into force on 28th February 2005.
(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 IVa and point 1 of Annex IVc.
Interpretation
2.—(1) In this Order—
“Annex IVa” means Annex IVa to Council Regulation (EC) No. 27/2005fixing for 2005 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 required3;
“Annex IVc” means Annex IVc to Council Regulation (EC) No. 27/2005fixing for 2005 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;
“the Annex IV year” means the period commencing with the coming into force of this Order and ending with 31st December 2005, and references to things done during the Annex IV year cover things done at any time within it;
“base unit” has the same meaning as in article 3 in relation to cod and article 13 in relation to sole;
“British fishing boat” means a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 19954or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act;
“cod recovery zone” means the geographical area defined in point 2 of Annex IVa;
“day” has the meaning set out in point 3(b) of Annex IVa and point 3(b) of Annex IVc;
“English fishing boat” means a relevant British fishing boat other than a Welsh fishing boat;
“equivalent provision” means any provision, in any other Order made for the purposes of implementing Annex IVa or IVc or Regulation 423/04 in relation to any part of the United Kingdom, which has equivalent effect to a provision in this Order, proceedings in respect of which may be taken in England by virtue of section 30(2A) of the Fisheries Act 1981;
“the first February stage” means the period starting with 1st February 2005 and ending immediately before the date on which this Order comes into force, and “the second February stage” means the remainder of February 2005;
“fishing boat” includes any vessel covered by Annex IVa or Annex IVc;
“foreign fishing boat” means a fishing boat covered by Annex IVa or Annex IVc which is not a British fishing boat;
“management period” means a period established as provided in article 3 or 13;
“Northern Ireland fishing boat” means a fishing boat 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 Northern Ireland as the port to which the boat is to be treated as belonging;
“Northern Ireland zone” has the same meaning as in the Northern Ireland Act 19985;
“person in charge”, in relation to a fishing boat, means the owner, master or charterer, if any, of the fishing boat or the agent of any of them;
“regulated gear” means any gear within a grouping of fishing gears set out in point 4 of Annex IVa in relation to cod and point 4 of Annex IVc in relation to sole;
“Regulation 2807/83” means Commission Regulation (EEC) No. 2807/83laying down detailed rules for recording information on Member States' catches of fish, as amended at the date this Order is made6;
“Regulation 2847/93” means Council Regulation (EEC) No. 2847/93establishing a control system applicable to the Common Fisheries Policy, as amended at the date this Order is made7;
“Regulation 423/04” means Council Regulation (EC) No 423/2004establishing measures for the recovery of cod stocks8;
“relevant British fishing boat” means a British fishing boat which is neither a Scottish fishing boat nor a Northern Ireland fishing boat;
“Scottish fishing boat” means a British fishing boat 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 boat is to be treated as belonging;
“Scottish zone” has the same meaning as in the Scotland Act 19989;
“sole recovery zone” means the geographical area defined in point 2 to Annex IVc.
“unused days” in relation to any fishing boat, grouping of regulated gear and management period, means in relation to cod the number of days available to the boat carrying the gear in the cod recovery zone during the period before its allocation of days under article 4 is exhausted and in relation to sole the number of days available to the boat carrying the gear in the sole recovery zone during the period before its allocation of days under article 14 is exhausted;
“Wales” has the same meaning as in the Government of Wales Act 199810; and
“Welsh fishing boat” means a British fishing boat 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 Wales as the port to which the boat is to be treated as belonging.
(2) In this Order—
(a)
(a) the term “within relevant British fishery limits” does not include the Scottish zone or the Northern Ireland zone;
(b)
(b) “logbook” means the same as in Article 6 of Regulation 2847/93 as amplified by Regulation 2807/83, and, for the purposes of any provision other than article 12 and 22, any reference to a document or logbook includes any—
(i) map, plan, graph or drawing;
(ii) photograph;
(iii) data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93;
(iv) 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; and
(v) film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable of being reproduced.
(3) Any information provided to any authority for the purposes of any provision of this Order shall be treated as also provided for the purposes of any equivalent provision.
(4) Expressions in this Order which are not defined in paragraph (1) above and which appear in Annex IVa or Annex IVc of Council Regulation (EC) No 27/2005or Regulation 423/04 have the same meaning in this Order as they respectively do in those Regulations.
PART 2
COD
Establishment of management periods
3.—(1) Management periods for an English fishing boat, as referred to in point 6(b) of Annex IVa, shall be determined and notified by the person in charge of the boat, as follows:
(a)
(a) the base unit for determination of management periods shall be one calendar month;
(b)
(b) each management period may be determined in multiples of the base unit from 1 to 11 calendar months; and
(c)
(c) the determination of each management period must be notified to the Secretary of State for Environment, Food and Rural Affairs at the same time as any notification under article 5;
and they are established by that determination and notification unless point 12 of Annex IVa applies to the boat, in which case they are established by confirmation of that determination and notification by the Secretary of State for Environment, Food and Rural Affairs taking that point into account.
(2) The person in charge of a British fishing boat may aggregate the days allocated for each calendar month as set out in point 6 of Annex IVa for being present within the area and absent from port, within management periods.
(3) Where a management period covers the month of February—
(a)
(a) a notification given to the Secretary of State for Environment, Food and Rural Affairs (whether after or in anticipation of the coming into force of this Order) covering a management period including February 2005 and any grouping of gears for the period shall be treated as meeting the requirement of paragraph (1)(c) but with the management period counting as beginning immediately on the date this Order comes into force and ending as notified; and
(b)
(b) the second February stage counts as one month and shall accordingly be treated as a single base unit.
(4) The person in charge of a British fishing boat which, at any time during the Annex IV year, is absent from port in the cod recovery zone carrying regulated gear for which a management period has not been established as provided in paragraph (1), or any equivalent provision, is guilty of an offence.
Absences from port
4.—(1) A person in charge of a relevant fishing boat carrying regulated gear which, at any time in the Annex IV year, either—
(a)
(a) contravenes point 9 of Annex IVa; or
(b)
(b) subject to any adjustments made under this article for the purposes of Annex IVa, during a management period is absent from port in the cod recovery zone in excess of the number of days permitted to it...
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