The Sea Fishing (Recovery Measures) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the enforcement of restrictions and obligations relating to fishing for cod, northern hake, plaice and sole contained in Council Regulation (EC) No 423/2004 (OJ No L 70, 9.3.04, p 70) (the “Cod Regulation”), Council Regulation (EC) No 811/2004 (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) (the “Hake Regulation”), Council Regulation (EC) No 676/2007 (OJ No L 157, 19.6.07, p 1) (the “North Sea Place and Sole Regulation”) and Council Regulation (EC) No 509/2007 (OJ No L122, 11.5.07, p 7) (the “Western Channel Sole Regulation”).

Articles 4 to 9 make it an offence to fail to comply with provisions in the Cod Regulation, Hake Regulation, North Sea Plaice and Sole Regulation or Western Channel Sole Regulation relating to fishing effort messages and recording time spent in the areas, margin of tolerance in estimation of quantities in the logbook, requirements for prior notification of entry into a port, landing, discharge at sea and transhipment, separate stowage of fish, sampling regimes and transport of cod, northern hake and sole. Article 10 makes it an offence to contravene or fail to comply with provisions in the Cod Regulation and Hake Regulation relating to the requirement to land fish at designated ports.

The penalties for offences under articles 4 to 10 are contained in article 11. Article 12 contains provisions for the recovery of fines.

Articles 13 to 18 set out the powers of British sea-fishery officers.

Article 21 contains revocations.

An impact assessment of the effect that this Order will have on the costs of business and the voluntary sector is available from the Department for Environment, Food and Rural Affairs, Sea Fisheries Conservation Division, Nobel House, 17 Smith Square, London SW1P 3JR.