The Sea Fishing (Recovery Measures) Order 2008

Interpretation

3.—(1) In this Order—

“British sea-fishery officer” has the same meaning as in section 7 of the Sea Fisheries Act 1968(1);

“the Cod Regulation” means Council Regulation (EC) No 423/2004 establishing measures for the recovery of cod stocks(2), as amended from time to time;

“Community fishing boat” means a fishing boat flying the flag of, and registered in, a member State, other than a relevant fishing boat;

“the Control Regulation” means Council Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy(3), as amended from time to time;

“English fishing boat” means—

(a)

a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995(4) and whose entry in the register specifies a port in England as the port to which the boat is to be treated as belonging, or

(b)

a fishing boat, other than a Scottish fishing boat, a Welsh fishing boat or a Northern Ireland fishing boat, which is owned wholly by persons qualified to own British ships for the purposes of Part II of that Act;

“equivalent provision” means a provision in any other Order extending to any part of the United Kingdom which has equivalent effect to a provision in this Order, proceedings in respect of which may be taken in England or Wales by virtue of section 30(2A) of the Fisheries Act 1981(5);

“the Hake Regulation” means Council Regulation (EC) No 811/2004 establishing measures for the recovery of the northern hake stock(6), as amended from time to time;

“the North Sea Plaice and Sole Regulation” means Council Regulation (EC) No 676/2007 establishing a multiannual plan for fisheries exploiting stocks of plaice and sole in the North Sea(7), as amended from time to time;

“Northern Ireland fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;

“person in charge”, in relation to any fishing boat, means the owner, the master and the charterer, if any, of the fishing boat and the agent of any of them;

“relevant fishing boat” means an English fishing boat, a Northern Ireland fishing boat, a Scottish fishing boat or a Welsh fishing boat;

“Scottish fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging;

“Wales” has the same meaning as in section 158(1) of the Government of Wales Act 2006(8);

“Welsh fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Wales as the port to which the boat is to be treated as belonging;

“the Western Channel Sole Regulation” means Council Regulation (EC) No 509/2007 establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western Channel(9), as amended from time to time.

(2) In this Order, a reference to a document includes a reference to—

(a) any map, plan, graph or drawing;

(b) any photograph;

(c) any data, however reproduced, communicated via a fisheries monitoring centre established under Article 3.7 of the Control Regulation;

(d) any disk, tape, sound track or other device on which sounds or other data, other than visual images, are recorded so as to be capable of being reproduced with or without the aid of some other equipment;

(e) any film, microfilm, negative, tape, disk or other device on which one or more visual images are recorded so as to be capable of being reproduced with or without the aid of some other equipment.

(3) Expressions which are not defined in this Order but which appear in this Order and in the Cod Regulation, the Hake Regulation, the North Sea Plaice and Sole Regulation or the Western Channel Sole Regulation have the same meaning in this Order as they have in those Regulations.

(1)

1968 c. 77; section 7 is amended by article 4 of, and paragraph 48 of Schedule 2 to, S.I. 1999/1820; by sections 26(1) and 46(2) of, and Part II of Schedule 5 to, the Fisheries Act 1981, and by section 40 of, and Schedule 5 to, the Northern Ireland Constitution Act 1973 (c. 36).

(2)

OJ No L 70, 9.3.04, p 8.

(3)

OJ No L 261, 20.10.93, p 1, as last amended by Council Regulation (EC) No 1967/2006 (OJ No L 409, 30.12.06, p 11).

(4)

1995 c. 21.

(5)

Section 30(2A) was inserted by S.I. 1999/1820.

(6)

OJ No L 150, 30.4.04, p 1, as corrected by a corrigendum published in OJ No L 185, 24.5.04, p 1.

(7)

OJ No L 157, 19.6.07, p 1.

(8)

2006 c. 32.

(9)

OJ No L 122, 11.5.07, p 7.