The Sea Fishing (Enforcement of Community Control Measures) (Scotland) Amendment Order 2005

Citation and commencement

1.  This Order may be cited as the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Amendment Order 2005 and shall come into force on 1st December 2005.

Amendment of the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000

2.—(1) The Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000(1) is amended in accordance with the provisions of this article.

(2) In article 2(1) (interpretation) for the definition of “the Council Regulation” substitute–

““the Council Regulation” 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), Council Regulation (EC) No. 2846/98(9),Council Regulation (EC) No. 806/2003(10) corrected by a Corrigendum dated 14th March 2003(11), Council Regulation (EC) No. 1954/2003(12) and Council Regulation (EC) No. 768/2005(13), and as applied by Article 9 of and modified by Articles 15 and 16 of Council Regulation (EC) No. 423/2004(14) and as applied by paragraph 13 of Annex IVc and modified by paragraphs 20 and 21 of Annex IVc;”.

(3) In article 7 (powers of British sea-fishery officers on land), for paragraph (g) substitute–

“(g) for the purpose of ascertaining whether a relevant offence has been committed, search the premises for any such document and may require any person on the premises to do anything which appears to the officer to be necessary for facilitating the search;”.

(4) In the Schedule (Community control measures, contravention of which constitutes an offence)–

(a) in item 2(l), for the entry in column 3, in relation to Article 19a.2, substitute–

• “Prohibition from carrying out of fishing activities in the areas specified in Article 19a of the Council Regulation in relation to Community fishing boats which have not been authorised by Member States in accordance with Article 10 of Council Regulation (EC) No. 1954/2003 on the management of the fishing effort relating to certain Community fishing areas and resources or Article 2 of Council Regulation (EC) No. 779/97 introducing arrangements for the management of fishing effort in the Baltic Sea(15).”;

(b) in item 2(m), for the opening paragraph of the entry in column 3, relating to Article 19b and 19c, down to the end of the term “Regulation 1449/98” substitute–

• “Requirement in relation to Community fishing boats equal to or greater than 10 metres in overall length authorised to carry out fishing activities directed at demersal species to complete an effort report containing the information prescribed in Article 19b of the Council Regulation as read with Regulation 1449/98–”;

(c) in item (2)(n), for the entry in column 3, in relation to Article 19e.1 and 19e.2, substitute–

• “Requirement in relation to Community fishing boats equal to or greater than 10 metres in overall length to record in logbooks the information (as regards time spent at sea) prescribed in Article 19e.1 of the Council Regulation or, in the case of boats conducting trans-zonal fisheries as defined in Article 19b.2 of the Council Regulation, prescribed in Article 19e.2 of that Regulation.”;

(d) in item (2)(o), for the entry in column 3, in relation to Article 19e.3, substitute–

• “Requirement on Community fishing boats equal to or greater than 10 metres in overall length authorised to carry out fishing activities directed at demersal species to record in logbooks an effort report containing the information prescribed in Article 19b of the Council Regulation.”; and

(e) in item (2)(r), for the entry in column 3, in relation to Article 20a, substitute–

• “Requirements relating to carriage, use and stowage of gear in Community fishing boats exceeding 10 metres in overall length carrying out fishing activities in areas specified in Article 19a.1 of the Council Regulation.”.

Amendment of the Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2005

3.  In article 25 (amendment of the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2005) of the Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2005(16) omit articles 25(a)(iii) and 25(b).

ROSS FINNIE

A member of the Scottish Executive

Pentland House, Edinburgh

8th November 2005