The Third Country Fishing (Enforcement) Order 1998

Explanatory Note

(This note is not part of the Order)

This Order, which replaces and revokes the Third Country Fishing (Enforcement) Order 1997 and the Third Country Fishing (Enforcement) (Amendment) Order 1997, provides for the enforcement of certain of the enforceable Community restrictions and other obligations relating to sea fishing set out in Council Regulation (EC) No. 46/98 (OJ No. L12, 19.1.98, p.50) and Council Regulation (EC) No. 48/98 (OJ No. L12, 19.1.98, p.62) (“the Council Regulations”). The Community Regulations respectively authorise fishing by vessels of Norway and the Faroe Islands for specified descriptions of fish in certain specified areas within member States' fishery limits in 1998 and contain requirements concerning fishing quotas and authorised zones, methods of fishing, the holding of licences and observance of licence conditions, the keeping of log books, the making of radio reports and similar matters.

The Order makes breaches of specified articles of the Community Regulations (set out in column 1 of the Schedule to the Order) offences for the purposes of United Kingdom law where they occur within British fishery limits (article 3 and the Schedule to the Order).

The offences created by the Order are triable summarily or on indictment. On conviction on indictment, the master, owner and charterer (if any) of an offending vessel will be liable to an unlimited fine. On summary conviction, the master, owner and charterer (if any) will be liable to a fine not exceeding the amount specified in relation to the offence in column 4 of the Schedule (see article 4(1)). The level of the maximum summary fine in respect of offences relating to fishing without or in excess of quota, or in unauthorised waters, methods of fishing, the keeping of logbooks and the observance of licence conditions is £50,000. The level of the maximum summary fine for all the other offences specified in the Schedule is the statutory maximum penalty (which is currently £5,000).

In certain cases the master, owner and charterer (if any) of an offending vessel will also be liable to the forfeiture of any fish in respect of which the offence was committed (or, on summary conviction, to a fine not exceeding the value of the fish) and to the forfeiture of nets or other fishing gear (article 4(2) to (4)).

Additionally the Order—

(a) contains provision concerning the recovery of fines (article 5),

(b) confers powers of enforcement on British sea-fishery officers (articles 6 to 8), including provision for their protection (article 9),

(c) provides for the punishment of anyone found guilty of obstructing or assaulting an officer (article 10), and

(d) makes provision for the trial of offences (article 11) and the admissibility of logbooks and other documents (article 12).