The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Northern Ireland) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order provides for the enforcement in Northern Ireland of Commission Regulation (EC) 2244/2003 (O.J. No. L333, 20.12.03. p. 17) laying down detailed provisions regarding satellite-based Vessel Monitoring Systems (“the Commission Regulation”).

The Order contains provisions relating to relevant Northern Ireland fishing boats, and British and Community fishing boats within the Northern Ireland zone (Articles 5 to 9). The Order contains provisions relating to; the installation of a satellite-tracking device (Article 5); the switching off of a satellite-tracking device in port without prior notification (Article 6); the information to be transmitted by the satellite-tracking device (Article 7); the responsibilities relating to a satellite-tracking device (Article 8) and the technical failure or non-functioning of a satellite-tracking device (Article 9). In addition the Order creates offences in respect of the contravention, by the person in charge of the relevant fishing boat (or the individuals otherwise specifically referred to), of the aforementioned provisions.

Further the Order contains provisions relating to third country fishing boats within the Northern Ireland zone (Articles 11 to 14). The Order contains provisions relating to: the installation of satellite-tracking device (Article 11); the information to be transmitted by the satellite-tracking device (Article 12); the responsibilities relating to the satellite-tracking device (Article 13) and the technical failure or non-functioning of the satellite tracking device (Article 14). In addition the Order creates offences in respect of the contravention, by the person in charge of the relevant fishing boat (or the individuals otherwise specifically referred to), of the aforementioned provisions.

The Order provides that the person guilty of an offence under it, other than an offence under Article 19 is liable, on summary conviction, to a fine not exceeding the statutory maximum and on conviction on indictment to a fine. The Order also provides for the recovery of fines imposed, or treated as imposed by a magistrate’s court (Article 19).

For the purposes of enforcing the Commission Regulation the Order confers on British sea-fishery officers the powers to: board fishing boats; test any equipment on board; require the production of documentation relating to the boat, equipment, or fishing or ancillary operations; search the boat; remove the satellite-tracking device or any other equipment on the boat; take the boat to the nearest convenient port and detain the boat (Article 17). Protection of such officers from liability is set out in Article 18 and impeding them is an offence under Article 19, with a fine up to the statutory maximum on summary conviction and a fine on conviction on indictment. Articles 20 and 21 deal with corporate and equivalent offences and admissibility of documents in evidence. Revocation is carried out in Article 22.