The Sea Fishing (Days in Port) Regulations 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the enforcement throughout the United Kingdom of Article 13 of Council Regulation (EEC) No. 3926/90, fixing for certain fish stocks and groups of fish stocks, the total allowable catches for 1991 and certain conditions under which they may be fished (OJ No. L378, 31.12.90, p. 1).

These Regulations apply to fishing vessels registered in the United Kingdom whose overall length exceeds 10 metres and whose landings of cod and haddock from Areas IV (North Sea) and VI (West of Scotland) during the period 1st January 1989 to 30th June 1990 exceeded 100 tonnes and 40% by weight of their landings. They also apply to vessels that replace such vessels (regulation 3 and Schedule 1).

Vessels are required to stay in port for 8 consecutive days each calendar month commencing with 1st February 1991 and ending with 31st December 1991 (regulation 4(1)). Unless prior notification, is given of that period, and where that period is to be spent in a non-UK port, certain particulars are furnished to a British sea-fishery officer, a period in port will not count for the purposes of paragraph (1) (regulation 4(2) and (4) and Schedule 2). Written notice must be given at least 12 hours in advance of the commencement of the period in port (regulation 4(3)). After the commencement of a notified period in port a vessel must remain in port until expiry of that period unless notice has been given (regulation 4(5)).

Offences and associated penalties are created by regulations 5 and 6 respectively and regulation 8 confers powers of enforcement on British sea-fishery officers.