The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 6) Order 1994

Statutory Instruments

1994 No. 1680

SEA FISHERIES

The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 6) Order 1994

Made

24th June 1994

Laid before Parliament

24th June 1994

Coming into force

15th July 1994

The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with sea fishing in Scotland, Wales and Northern Ireland, in exercise of the powers conferred on them by section 30(2) and (3) of the Fisheries Act 1981(1), and of all other powers enabling them in that behalf, hereby make the following Order:

Title, commencement and interpretation

1.—(1) This Order may be cited as the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 6) Order 1994 and shall come into force on 15th July 1994.

(2) In this Order the principal Order means the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986(2).

Amendment of the principal Order

2.  The principal Order shall be amended in accordance with article 3 below.

3.  In article 2 thereof (interpretation) there shall be substituted for the definition of the Council Regulation the following definition—

““the Council Regulation” means Council Regulation (EEC) No. 3094/86 laying down certain technical measures for the conservation of fishery resources(3), as amended by Council Regulation (EEC) No. 4026/86(4), Council Regulation (EEC) No. 2968/87(5), Council Regulation (EEC) No. 3953/87(6), Council Regulation (EEC) No. 1555/88(7), Council Regulation (EEC) No. 2024/88(8), Council Regulation (EEC) No. 3287/88(9), Council Regulation (EEC) No. 4193/88(10), Council Regulation (EEC) No. 2220/89(11), Council Regulation (EEC) No. 4056/89(12), Council Regulation (EEC) No. 3500/91(13), Council Regulation (EEC) No. 345/92(14), Council Regulation (EEC) No. 1465/92(15), Council Regulation (EEC) No. 2120/92(16), Council Regulation (EEC) No. 3034/92(17), and Council Regulation (EEC) No. 3676/93(18);”.

Revocation

4.  The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 5) Order 1992(19)is hereby revoked.

In witnes whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 17th June 1994.

L.S.

Gillian Shephard

Minister of Agriculture, Fisheries and Food

Hector Monro

Parliamentary Under Secretary of State,

Scottish Office

20th June 1994

Signed by authority of the Secretary of State for Wales

Gwilym Jones

Parliamentary Under Secretary of State,

Welsh Office

20th June 1994

Patrick Mayhew

Secretary of State for Northern Ireland

24th June 1994

Explanatory Note

(This note is not part of the Order)

This Order amends the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986, as amended (the principal Order), which makes provision for the enforcement of certain of the enforceable Community restrictions and obligations concerning technical measures for the conservation of fishery resources which are contained in Council Regulation (EEC) No. 3094/86, as previously amended. The principal Order creates offences in respect of breaches of the provisions of that Council Regulation referred to in column 1 (and briefly described in column 2) of Schedule 1 to that Order and in article 3(2) of that Order. The principal Order also specifies penalties for such offences and confers powers of enforcement.

In consequence of that Council Regulation having been amended by Council Regulation (EEC) No. 3676/93, article 3 of this Order further updates the definition of the Council Regulation in article 2 of the principal Order (interpretation).

The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 5) Order 1992 is superseded by this Order and is revoked (article 4).

(1)

1981 c. 29.

(2)

S.I. 1986/2090, amended by S.I. 1992/1084, 2936.

(3)

OJ No. L288, 11.10.86, p.1.

(4)

OJ No. L376, 31.12.86, p.1.

(5)

OJ No. L280, 3.10.87, p.1.

(6)

OJ No. L371, 30.12.87, p.9.

(7)

OJ No. L140, 7.6.88, p.1.

(8)

OJ No. L179, 9.7.88, p.1.

(9)

OJ No. L292, 26.10.88, p.5, as corrected in OJ No. L8, 11.1.89, p.22.

(10)

OJ No. L369, 31.12.88, p.1.

(11)

OJ No. L211, 22.7.89, p.6.

(12)

OJ No. L389, 30.12.89, p.75.

(13)

OJ No. L331, 3.12.91, p.2.

(14)

OJ No. L42, 18.2.92, p.15.

(15)

OJ No. L155, 6.6.92, p.1.

(16)

OJ No. L213, 29.7.92, p.3.

(17)

OJ No. L307, 23.10.92, p.1.

(18)

OJ No. L341, 31.12.93, p.1.

(19)

S.I. 1992/2936.