The Sea Fishing (Northern Hake Stock) (Scotland) Order 2006

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 1995(1) or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act;

“Community fishing boat” means a fishing boat flying the flag of and registered in a Member State of the European Community other than a British fishing boat;

“equivalent provision” means any provision in any other order made under section 30(2) of the Fisheries Act 1981 for the purposes of implementing Regulation 811/2004, extending to any part of the United Kingdom which has equivalent effect to a specified provision in this Order, proceedings in respect of which, by virtue of section 30(2A) of the Fisheries Act 1981, may be commenced in any place in the United Kingdom;

“fishery product” includes fish;

“hake recovery zone” means the geographical area specified in Article 1 of Regulation 811/04;

“northern hake” means hake taken from the hake recovery zone;

“person in charge” in relation to a relevant fishing boat or a Community fishing boat, means the owner, master or charterer or the agent of the owner, master or charterer;

“Regulation 2807/83” means Commission Regulation (EEC) 2807/1983 which lays down detailed rules for recording information on Member States' catches of fish(2);

“Regulation 2847/93” means Council Regulation (EEC) 2847/1993 which establishes a control system applicable to the common fisheries policy(3);

“Regulation 811/2004” means Council Regulation (EC) No. 811/2004 establishing measures for the recovery of northern hake stock(4);

“relevant fishing boat” means–

(a)

a Scottish fishing boat wherever it may be; and

(b)

any other British fishing boat which is within the Scottish zone,

licensed under section 4 of the Sea Fish (Conservation) Act 1967(5);

“relevant offence” means an offence under this Order or under any equivalent provision;

“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; and

“Scottish zone” has the same meaning as in section 126(1) of the Scotland Act 1998(6).

(2) In this Order, “logbook” has the same meaning as in Article 6 of Regulation 2847/93 as read with Regulation 2807/83, and for the purposes of any provision of this Order, any reference to a document, logbook or declaration includes, in addition to a document, logbook or declaration in writing–

(a) any map, plan, graph or drawing;

(b) any photograph;

(c) any data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93;

(d) 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

(e) 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 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) and which appear in Regulation 811/2004 have the same meaning in this Order as they have in that Regulation.

(1)

1995 c. 21.

(2)

O.J. L 276, 10.10.83, p1; the last amending instrument is Commission Regulation (EC) No. 2005/1804 (O.J. No. L 290, 04.11.05, p.10).

(3)

O.J. No. L 261, 20.10.93, p.1; the last amending instrument is Council Regulation (EC) No. 2005/768 (O.J. No. L 128, 21.05.05, p.1).

(4)

O.J. No. L 150, 30.4.04, p.1. as amended by Corrigendum O.J. No. L 185, 27.5.2004, p.1.

(5)

1967 c. 84. Section 4 was amended by the Fishery Limits Act 1976 (c. 86), section 3, the Fisheries Act 1981 (c. 29), section 20 and the Sea Fish (Conservation) Act 1992 (c. 60), section 1 and has effect in relation to Scotland as modified by section 22A inserted by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), Schedule 2, paragraph 43(13).

(6)

1998 c. 46. The sea within British fishery limits (that is, the limits set by or under section 1 of the Fishery Limits Act 1976 (c. 86)) which is adjacent to Scotland is determined by the Scottish Adjacent Waters Boundaries Order 1999 (S.I. 1999/1126).