The Prevention and Monitoring of Cetacean Bycatch (Scotland) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order makes provision for the enforcement of certain enforceable Community restrictions and other obligations relating to sea fishing by vessels in certain areas as set out in Council Regulation (EC) No. 812/204 (O.J. No. L 150, 30.04.04, p.12, as amended by Corrigendum O.J. No. L 185 24.05.04, p.4). The Council Regulation provides for Member States to monitor the bycatch of cetaceans by the implementation of an observer scheme. It also requires certain vessels to deploy acoustic devices in relation to certain gear whilst fishing.

Article 3 of the Order creates offences in respect of the failure to allow an observer on board a fishing vessel or the obstruction of an observer from carrying out the functions of an observer.

Article 4 of the Order creates offences in respect of breaches of the provisions of the Council Regulation (Community control measure) specified in column 1 (and briefly described in column 2) of the Schedule to the Order. Penalties are specified for such offences and for offences under article 3 (article 5). The statutory maximum penalty specified is currently £5,000. Provision is made for the recovery of fines (article 6).

The Order confers powers of enforcement on British sea-fishery officers in relation to certain fishing boats as well as on land in Scotland and in relation to the seizure of fish and fishing gear (articles 7, 8 and 9). Provision is made for the punishment of anyone found guilty of obstructing an officer (article 11). The Order also makes provision in relation to offences committed by bodies corporate and partnerships and the admissibility of certain documents (articles 12 and 13).