The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2000

Interpretation

2.—(1) In this Order–

“Fisheries Monitoring Centre” means a fisheries monitoring centre established under Article 3.7 of Regulation 2847/93;

“fishing boat” includes a receiving vessel within the meaning of Regulation 2847/93;

“polled” means requested by automatic electronic means by a Fisheries Monitoring Centre to automatically provide to that Centre by way of signal transmitted via satellite the required information at any time other than that required by article 3(4) or (5) of this Order;

“relevant British fishing boat” means a fishing boat, other than a Scottish fishing boat, which either 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;

“Regulation 2847/93” means Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the common fisheries policy(2) as amended by Council Regulation (EC) No. 2870/95(3), Council Decision (EC) No. 95/528(4), Council Regulation (EC) No. 2489/96(5), Council Regulation (EC) No. 686/97(6), Council Regulation (EC) No. 2205/97(7), Council Regulation (EC) No. 2635/97(8) and Council Regulation (EC) No. 2846/98(9);

“Regulation 1489/97” means Commission Regulation (EC) No. 1489/97 laying down detailed rules for the application of Regulation 2847/93 as regards satellite-based vessel monitoring systems(10) as corrected by Commission Regulation (EC) No. 435/98(11) and amended by Commission Regulation (EC) No. 831/99(12) and Commission Regulation (EC) No. 2445/1999(13);

“required information” means–

(a)

the name and registration of the fishing boat;

(b)

the most recent geographical position of the boat expressed in degrees and minutes of longitude and latitude with a margin of error less than 500 metres and with a confidence interval of 99%; and

(c)

the date and time of the fixing of that position.

“satellite tracking device” means a device which sends the required information by way of satellite and land earth station to a Fisheries Monitoring Centre;

“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;

“Scottish zone” has the same meaning as in the Scotland Act 1998(14).

(2) A logbook, declaration or document or any required information includes, in addition to a logbook, declaration or document or required information in writing–

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

(b) any photograph;

(c) any disk, tape, sound track or other device in which sounds or other data (not being visual aids) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and

(d) 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.

(1)

1995 c. 21.

(2)

O.J. No. L261, 20.10.93, p.1.

(3)

O.J. No. L301, 14.12.95, p.1.

(4)

O.J. No. L301, 14.12.95, p.35.

(5)

O.J. No. L338, 28.12.96, p.12.

(6)

O.J. No. L102, 19.4.97, p.1.

(7)

O.J. No. L304, 7.11.97, p.1.

(8)

O.J. No. L356, 31.12.97, p.14.

(9)

O.J. No. L358, 31.12.98, p.5.

(10)

O.J. No. L 202, 30.7.97, p.18.

(11)

O.J. No. L054, 25.2.98, p.5.

(12)

O.J. No. L105, 22.4.99, p.20.

(13)

O.J. No. L298, 19.11.99, p.5.

(14)

1998 c. 46; see section 126 and the Scottish Adjacent Waters Boundaries Order 1999 (S.I. 1999/1126).