The Sea Fishing (Northern Hake Stock) (Scotland) Order 2006

Explanatory Note

(This note is not part of the Order)

This Order provides for the enforcement in Scotland of the monitoring, inspection and surveillance provisions in Council Regulation 811/2004 (“the Council Regulation”) which establishes a recovery plan for the northern hake stock which inhabits the hake recovery zone as defined in Article 1 of the Council Regulation.

The Order creates offences in respect of contraventions by certain persons of provisions of the Council Regulation concerning recording and accounting of time spent in the hake recovery zone, mixing of species, transportation of northern hake, the landing of northern hake where prior notification is required, the landing of northern hake at a designated port and the recording of information on catches of fish (articles 3 to 8).

By virtue of article 7(4) the ports named in the Schedule to the Sea Fishing (Restriction on Days at Sea) Order 2006 are designated for the purposes of Article 9 of the Council Regulation.

The Order makes a minor amendment to the Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2006 (article 9).

The Order provides for penalties (article 10) and for the recovery of fines imposed in respect of a relevant offence as defined in the Order (article 11).

For the purposes of enforcing articles 3 to 8 of the Order powers are conferred on British sea fishery officers 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 12 to 14).

Provision is made for the protection of British sea-fishery officers in the exercise of their powers under the Order (article 15) and for an offence of obstructing such officers (article 16).

Provision is made in relation to offences committed by a body corporate, a partnership or an unincorporated association (article 17) and in relation to the admissibility in evidence of logbooks and other documents (article 18).

A Regulatory Impact Assessment in the relation to this Order has been prepared and placed in SPICE. Copies can be obtained from the Scottish Executive Environment and Rural Affairs Department, Robb’s Loan, Edinburgh, EH14 1TY.