The Sea Fishing (Restriction on Days at Sea) Order (Northern Ireland) 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides in Northern Ireland and in relation to Northern Ireland fishing boats for the administration and enforcement of the provisions of Annex IIA and IIC (“the Annexes”) to Council Regulation (EC) No 41/2007 fixing for 2007 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 (OJ No L 15, 20.1.2007, p.1) (“the Regulation”).

The Order contains provisions which create a management system for days at sea based on monthly entitlements and linked to management periods. Article 3 deals with the establishment of management periods. Article 4 details deeming provisions for certain management areas notified in the first period of 2007. Article 5 contains offences in relation to management periods. Article 6 provides for the calculation of allocation of days for fishing in the Cod Recovery and Sole Recovery Zones which are defined in Article 2 as covering the geographical areas covered by the Annexes. Article 7 provides for the calculation of the allocation of days when a fishing boat is involved in pair trawling. Articles 8 and 9 provide for the adjustment of allocations of days by the Department. Article 10 contains offences in relation to allocations of days and other restrictions on presence in the Cod Recovery and Sole Recovery Zones. Article 11 provides for transfers of days and Article 12 contains an offence of giving false information in a notification made for the purpose of a transfer.

Article 13 creates offences in relation to restrictions in both Annexes on the carriage and operation of fishing gears and the combined use of regulated and unregulated gears. Article 14 contains provisions on, and an offence relating to, the maintenance of log-books.

Part 3 of the Order makes provision for enforcement. Article 16 deals with penalties and Article 17 provides for the recovery of fines imposed, by a magistrates’ court upon conviction under the Order or any equivalent provision.

Articles 18, 19 and 21 confer various powers on British sea-fishery officers including the power to enter premises, to go on board fishing boats, to stop and search vehicles transporting fish and to seize fish and fishing gear.

Article 22 provides for the protection of British sea-fishery officers in the exercise of their powers under the Order and Article 23 for an offence of obstructing such officers.

Article 24 provides for offences committed by a body corporate, a partnership or an unincorporated association and Article 25 for the admissibility in evidence of logbooks and other documents.

Article 26 revokes Article 2 and Parts 2, 3 and 4 of the Sea Fishing (Restriction on Days at Sea) (Monitoring, Inspection and Surveillance) Order 2006, S.R. 2006/300; the provisions necessary to amend the Sea Fishing (Restriction on Days at Sea) Order 2005 (S.R. 2005/350) are retained.