The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Scotland) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order, which forms part of the law of Scotland only, makes provision for the enforcement of certain enforceable Community restrictions and other obligations relating to sea fishing by Community vessels and third country vessels set out in Council Regulation (EC) 27/2005 (“the Council Regulation”). The Council Regulation fixes total allowable catches and the quotas of Member States for 2005 and lays down certain conditions under which they may be fished. It also authorises fishing by vessels of Norway and the Faroe Islands for specified descriptions of fish in certain specified areas within the fishery limits of Member States in 2005 and imposes requirements concerning fishing quotas and authorised zones, methods of fishing, the holding of licences and observance of licence conditions, the keeping of logbooks, the making of reports and similar matters.

The Order makes provision for the purposes of Article 10 of and Annex II, of the Council Regulation (prohibition of landing of unsorted catches at harbours where adequate sampling systems are not in place) as to the harbours in Scotland at which such catches may be landed (article 3).

The Order makes provision for the Scottish Ministers to approve pelagic weighing systems for fisheries control purposes (article 4).

The Order provides that where over 10 tonnes of herring, mackerel or horse mackerel is landed in Scotland buyers or holders of the fish must weigh the fish using a pelagic weighing system which is approved by the Scottish Ministers or which has been passed as fit for trade use in accordance with the Weighing Equipment (Beltweighers) Regulations 2001 (S.I. 2001/1208). The Order also provides that the person weighing the fish must keep a logbook recording the weight of each landing of fish for a period of three years. Failure to comply with those provisions is an offence (article 5).

The Order creates offences in respect of contraventions of the provisions of the Council Regulation referred to in column 1 (and briefly described in column 2) of Schedules 1 (Community quota measures), 2 (specified Community provisions) and 3 (Community third country fishing measures) to the Order (article 6).

The Order provides penalties in relation to an offence under article 4(5) to (7), or 5(2) or (4) and 6(1) to (3) of the Order or 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). The statutory maximum penalty specified in the Schedules is currently £5,000. The Order also makes provision for additional penalties such as forfeiture (article 7). The Order makes provision in relation to the recovery of fines imposed in respect of such offences or an offence under article 13 (obstruction of officers) (article 8).

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 9, 10 and 11).

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 12). 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 partnerships and the admissibility of certain documents (articles 13, 14 and 15).

The Order revokes the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Scotland) Order 2004 (S.S.I. 2004/209), subject to a saving (article 16).