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

Explanatory Note

(This note is not part of the Order)

This Order provides for the enforcement of Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the common fisheries policy (O.J. No. L261, 20.10.93, p.1) (“the Control Regulation”) in consequence of it having been amended by Council Regulation (EC) No. 2846/98 (O.J. No. L192, 8.7.98, p.4) (“Regulation 2846/98”). It revokes and re-enacts with drafting amendments and new provisions in implement of the amendments made by Regulation 2846/98 the Sea Fishing (Enforcement of Community Control Measures) Order 1994 (S.I. 1994/451) (“the 1994 Order”).

The Order creates offences in respect of breaches of the provisions referred to in column 1 (and briefly described in column 3) of the Schedule to the Order (article 3).

The amendments to the Control Regulation made by Regulation 2846/98 include in particular–

(a) the requirement to keep a logbook in respect of amounts of fish of over 50kgs;

(b) the requirement for vessels wishing to land catches into a Member State other than the flag Member State to comply with the requirements of a designated ports scheme (if any) or give 4 hours advance notification of their intention to land to the competent authorities of the Member State of landing;

(c) new rules in respect of the submission of sales notes, transport declarations and take over declarations; and

(d) the extension of certain requirements to third country fishing vessels.

The Order provides penalties in relation to an offence (“a relevant offence”) under article 3 of the Order or any equivalent provision extending to any other part of the United Kingdom proceedings in respect of which were brought in Scotland by virtue of section 30(2A) of the Fisheries Act 1981 (c. 29) (article 4). Section 30(2A) was inserted by the Scotland Act (Consequential Modification) (No. 2) Order 1999, Schedule 2, paragraph 68(5)(a).

The Order makes provisions in relation to the recovery of fines imposed in respect of a relevant offence or an offence under article 10 (obstruction of officers) (article 5).

The Order confers on British sea-fishery officers enforcement powers in relation to fishing boats and on land. These include power to enter premises, to go on board fishing boats, to stop and search vehicles transporting fish, to examine fish, to require the production of documents, to search for and seize documents, to take a boat to the nearest convenient port and to seize fish and fishing gear (articles 6, 7 and 8).

Provision is also made in relation to the liability of officers for anything done in the purported exercise of powers conferred by the Order (article 9). The Order creates offences and provides penalties in respect of obstruction of a British sea-fishery officer and makes provision in relation to offences committed by bodies corporate and Scottish partnerships and the admissibility of certain documents (articles 10, 11 and 12).