The Antarctic Act 1994 (Convention for the Conservation of Antarctic Marine Living Resources) Regulations 2020

PART 1 Introduction

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Antarctic Act 1994 (Convention for the Conservation of Antarctic Marine Living Resources) Regulations 2020 and subject to paragraph (3) come into force immediately before IP completion day within the meaning of section 39(1) of the EU (Withdrawal Agreement) Act 2020(1).

(2) These Regulations extend to the United Kingdom and the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man.

(3) These Regulations come into force—

(a) in the Bailiwick of Guernsey, on the day following the day on which they are registered by the Royal Court of Guernsey or the day on which they come into force in the United Kingdom, whichever is the later;

(b) in the Bailiwick of Jersey, on the day following the day on which they are registered by the Royal Court of Jersey or the day on which they come into force in the United Kingdom, whichever is the later;

(c) in the Isle of Man, on the day on which they come into force in the United Kingdom.

Interpretation

2.  In these Regulations—

“British Overseas Territory administration” means the administration of any territories mentioned in Schedule 6 to the British Nationality Act 1981(2);

“British vessel” means a British ship within the meaning of section 1 of the Merchant Shipping Act 1995(3), a Guernsey ship within the meaning of section 1(3) of the Merchant Shipping (Bailiwick of Guernsey) Law, 2002(4), a Jersey ship within the meaning of Article 2 of the Jersey (Shipping) Law 2002(5), or a Manx ship within the meaning of the Merchant Shipping Registration Act 1991(6);

“CCAMLR inspector” means a person designated (whether by the United Kingdom or any other Commission member) under Article XXIV of the Convention as such;

“CCAMLR observer” means a person designated (whether by the United Kingdom or any other Commission member) under Article XXIV of the Convention as such;

“Commission” means the Commission for the Convention established under Article VII of the Convention;

“Convention” means the Convention for the Conservation of Antarctic Marine Living Resources done at Canberra on 20th May 1980(7);

“Convention Area” means the area provided for in paragraph 1 of Article I of the Convention;

“fisheries administrations” means—

(a)

the Secretary of State;

(b)

the Marine Management Organisation;

(c)

the Scottish Ministers;

(d)

the Welsh Ministers;

(e)

the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

(f)

a British Overseas Territory administration;

(g)

in the Bailiwick of Guernsey, the States of Guernsey Committee for Economic Development;

(h)

in the Bailiwick of Jersey, the Minister within the meaning of the Sea Fisheries (Jersey) Law 1994(8);

(i)

in the Isle of Man, the Department of Environment, Food and Agriculture;

“to fish” includes catching and retaining marine living resources on board as well as landing and transhipping marine living resources.

(1)

2020 c. 1.

(2)

1981 c. 61. Schedule 6 has been amended by section 1 of the British Overseas Territories Act 2002 (c. 8) and S.I. 1983/882, 1986/948, 2001/3497 and 2009/2744.

(3)

1995 c. 21. This definition includes vessels registered in a “relevant British possession” which is further defined in section 313 of the Merchant Shipping Act to include vessels registered in any of the Channel Islands or the Isle of Man or a colony (which includes a British Overseas Territory).

(4)

Order in Council No. VIII of 2004, as amended.

(5)

Revised edition chapter 19.885.

(6)

AT 15 of 1991 (Isle of Man).

(7)

Treaty Series No. 49 (1982). Cmnd 8714.

(8)

Revised edition chapter 14.825.