The Sea Fishing (Restriction on Days at Sea) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order provides for the administration and enforcement in England of the provisions of Annex IVa and IVc (“the Annexes”) to Council Regulation (EC) No. 27/2005 (OJ No L12 14.1.2005. p.1) fixing 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. Further, the Order provides for the enforcement in England of monitoring, inspection and surveillance provisions as set out in Council Regulation (EC) No. 423/2004 (OJ No L70 9.3.2004.p.70) establishing measures for the recovery of cod stocks. Part 2 of the Order relates to Cod and Part 3 to Sole.

The Order contains provisions relating to the establishment and aggregation of management periods (articles 3 and 13 for cod and sole respectively), the number of days which a vessel may be absent from port (articles 4 and 14) , the use of regulated fishing gear (articles 5 and 15) and the manner in which days may be transferred between fishing vessels within the same management period (articles 6 and 16).

Further, the Order sets out provisions for the transportation of cod and sole (articles 7 and 17), a provision relating to the mixing of species within containers on board fishing vessels (articles 8 and 18), procedures for the landing of cod in designated and non-designated ports (articles 9 and 10), procedures for transhipment or landing sole in third countries (article 19), a margin of tolerance relating to the recording of catches of fish in logbooks (articles 11 and 21) and provisions relating to the maintenance of logbooks (articles 12 and 22).

The Order creates offences in respect of the contravention, by the person in charge of the relevant fishing boat (or the individuals otherwise specifically referred to) of provisions of the Annexes. The offences relate to absences from port without notified fishing gear (articles 3 and 13) or in excess of the days permitted (articles 4 and 14), failure to use regulated fishing gear in the manner set out in the Annexes (articles 5 and 15), giving false information when attempting to transfer days from one vessel to another (articles 6 and 16), transporting species (articles 7 and 17) or mixing of species (articles 8 and 18) in a manner inconsistent with the Annexes, the landing of cod in designated and non designated ports in contravention of notification and documentary requirements (articles 9 and 10), the transhipment or landing of sole relating to third countries (article 19) and failing to comply with the 8% tolerance for logbook records relating to catches of fish and failure to handover and dispatch logbooks in the manner prescribed (articles 11, 12, 21 and 22).

Part 4 of the Order makes provisions for enforcement. The Order provides that a person guilty of an offence under it other than an offence under article 29 is liable, on summary conviction, to a fine not exceeding £50,000 and on conviction on indictment to a fine. Further fines up to and including the value of any fish caught in committing the offence are permitted and the court may also order the seizure of fish caught or equipment used in, or in activities leading to, the commission of the offence (article 23).

The Order also provides for the recovery of fines imposed, or treated as imposed, by a magistrates' court (article 24).

For the purposes of enforcing provisions of the Annexes for which provision is made in Parts 2 and 3 of the Order, the Order confers on British sea-fishery officers the powers to enter premises, to go on board fishing boats, to stop and search vehicles transporting fish, to examine fish, to require the production of documents, to search for and seize documents, to take a boat to the nearest convenient port and to seize fish and fishing gear (articles 25 to 27). Protection of such officers from liability is set out in article 28, and obstructing them is an offence under article 29, with a fine of up to the statutory maximum on summary conviction and a fine on conviction on indictment. Articles 30 and 31 deal with corporate and equivalent offences and admissibility of documents in evidence. Provision for consequential amendment and revocation is made by articles 32 and 33. In addition article 32 includes a provision bringing forward the time for submission of logbook entries for landings in designated ports.

A Regulatory Impact Assessment in relation to the Annexes and this Order has been prepared and placed in the library of each House of Parliament. Copies can be obtained from Defra, Fisheries Division 1, Room 303, 10 Whitehall Place, London SW1A 2HH.