The Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Irish Sea Cod) (Scotland) Order 2000

Explanatory Note

(This note is not part of the Order)

The Order makes provision for the enforcement of restrictions concerning the conservation of fishery resources through measures for the recovery of the stock of cod in the Irish Sea (ICES Division VIIa) which are contained in Article 1, as read with Articles 1.2 and 2, of Commission Regulation (EC) No.304/2000 (O.J. No.L35, 10.2.2000, p.10) (“the Commission Regulation”).

Article 1 of the Commission Regulation prohibits, during the period 14 February 2000 to 30 April 2000, the use of specified types of nets and fishing gear within a specified geographical area of the Irish Sea. The Commission Regulation also disapplies transitional measures for 2000 laid down in footnote 6 of Annex I of Council Regulation (EC) No. 850/98, for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms, which might otherwise allow a high by catch of cod to be taken in the Irish Sea.

The Order creates an offence in respect of breaches of the Commission Regulation (article 3). Penalties, which may include the forfeiture of fish, nets and other fishing gear, are specified in relation to an offence under article 3 of the Order or an offence under any equivalent provision extending to any other part of the United Kingdom proceedings in respect of which were brought in Scotland by virtue of section 30(2A) of the Fisheries Act 1981 (c. 29) (article 4).

The Order makes provisions in relation to the recovery of fines imposed in respect of such offences or an offence under article 10 (obstruction of officers) (article 5).

The Order confers on British sea fishery officers powers of enforcement in relation to fishing boats and on land. These include power 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 6, 7 and 8).

Provision is also made in relation to the liability of officers for anything done in the purported exercise of powers conferred by the Order (article 9). The Order creates offences and provides penalties in respect of the obstruction of a British sea fishery officer and makes provision in relation to offences committed by bodies corporate and Scottish partnerships and the admissibility of certain documents (articles 10,11 and 12).