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The Sea Fishing (Enforcement of Community Control Measures) (Wales) (Amendment) Order 2003

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Welsh Statutory Instruments

2003 No. 559 (W.79)

SEA FISHERIES, WALES

The Sea Fishing (Enforcement of Community Control Measures) (Wales) (Amendment) Order 2003

Made

6th March 2003

Coming into force

9th March 2003

The National Assembly for Wales, in exercise of the powers conferred by section 30(2) of the Fisheries Act 1981(1), and now vested in it(2), hereby makes the following Order:

Title and Commencement

1.  This Order is called The Sea Fishing (Enforcement of Community Control Measures) (Wales) (Amendment) Order 2003 and it comes into force on 9th March 2003.

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

2.—(1) The Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000(3) is amended in accordance with the provisions of this article.

(2) There is inserted the following definition at the appropriate place in article 2(1):

“Annex XVII” means Annex XVII to Council Regulation 2341/2002 of 20th December 2002 fixing for 2003 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required;.

(3) There is added, at the end of the definition of “Regulation 2847/93” in article 2(1), the words, “and as applied by paragraph 12 and qualified by paragraph 20 of Annex XVII”.

(4) There is inserted, in column 3 of each entry opposite items 2(l), (m), (n) and (o) of the Schedule, after the words “15 metres” wherever they appear, the words “(or to the extent applicable in consequence of paragraph 12 of Annex XVII, equal to or greater than 10 metres)”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4)

D.Elis-Thomas

The Presiding Officer of the National Assembly

6th March 2003

Explanatory Note

(This note is not part of the Order)

Annex XVII to Council Regulation 2341/2002 of 20th December 2002 limits the number of days at sea that fishing vessels may spend in certain sea areas. These areas do not include any sea within the jurisdiction of the National Assembly for Wales, as the Irish Sea is not included.

However, it is necessary for details of the Annex to be included in the Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000, so that the enforcement powers contained in that Order are available in Wales to enforce the Annex. This Order makes the necessary amendments.

No Regulatory Appraisal has been prepared in relation to this Order.

(2)

By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the functions of “the Ministers” (as defined by that section) in relation to section 30 of the 1981 Act, were, so far as exercisable by the Secretary of State concerned with the sea fish industry in Wales, transferred to the National Assembly for Wales.

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