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The Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000

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Offences

3.—(1) Where there is, in respect of—

(a)any fishing boat within the territorial sea adjacent to Wales(1);

(b)any entry into the territorial sea adjacent to Wales by any fishing boat; or

(c)any fishery products, premises or vehicle in Wales,

a contravention of, or failure to comply with, a Community control measure specified in column 1 of the Schedule, the persons specified in the appropriate entry in column 5 of the Schedule shall each be guilty of an offence.

(2) Subject to paragraph (3), any person who in purported compliance with Articles 6, 7, 8.1, 9.1, 9.2, 9.5, 11, 12, 13 or 17.2, Articles 19b and 19c or Articles 19e, 20.2, 28.2a, 28c, 28e or 28f of Regulation 2847/93, furnishes information which he or she knows to be false in a material particular or recklessly furnishes information which is false in a material particular shall be guilty of an offence.

(3) Paragraph (2) applies to any furnishing of information —

(a)in Wales (which includes the territorial sea adjacent to Wales),

(b)to a British sea-fishery officer performing any function under article 6 or 7 of this Order,

(c)in relation to any activity of a relevant British fishing boat, to the competent authorities in another Member State within the meaning of Regulation 2847/93.

(1)

For the purposes of this Order “the territorial sea adjacent to Wales” shall be determined in accordance with the provisions of section 1 of the Territorial Sea Act 1987 (c. 47) and with any provisions made, or having effect as if made, under that section. The boundary between those parts of the sea within the Severn and Dee Estuaries which are to be treated as being territorial seas adjacent to Wales, and those which are not, shall in each case, be determined in accordance with Article 6 and Schedule 3 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

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