The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures and Restriction on Days at Sea) (Scotland) Order 2008

Interpretation

2.—(1) In this Order–

“British fishing boat” means a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995(1) or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act;

“cod recovery zone” means the geographical areas defined in paragraph 2 of Annex IIa;

“Community fishing boat” means a fishing boat flying the flag of and registered in a Member State of the European Community;

“Community quota measure” means a provision of the Council Regulation specified in column 1 of Schedule 1 as read with any qualifying words relating to the provision in that column, and in the case of Article 10 of the Council Regulation, with article 3 of this Order;

“Community third country fishing measure” means a provision of the Council Regulation specified in column 1 of Schedule 2;

“day” has the same meaning as in paragraph 3 of Annex IIa and paragraph 2 of Annex IIc;

“English fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in England as the port to which the vessel is to be treated as belonging;

“equivalent provision” means any provision in any other order made under section 30(2) of the Fisheries Act 1981 for the purposes of implementing a Community quota measure, a Community third county fishing measure, Annex IIa, Annex IIc or Regulation 423/2004, extending to any part of the United Kingdom which has equivalent effect to a provision in this Order, proceedings in respect of which, by virtue of section 30(2A) of the Fisheries Act 1981, may be commenced in any place in the United Kingdom;

“fishery product” includes fish;

“foreign fishing boat” means a fishing boat which is not a British fishing boat but to which Annex IIa or Annex IIc applies;

“ICES” followed by a roman numeral with or without a letter is to be construed as a reference to whichever of the statistical sub-areas and divisions of the International Council for the Exploration of the Sea(2) is identified therein by that roman numeral or that roman numeral and letter as the case may be;

“licensed” means licensed under section 4 of the Sea Fish (Conservation) Act 1967(3), but, does not include a British fishing boat which has an overall length of less than 10 metres;

“management period” means, in Part III of this Order, the management period determined by the Scottish Ministers in accordance with article 8(1), and in Part IV of this Order, the management period determined by the Scottish Ministers in accordance with article 16(1);

“Northern Ireland fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging;

“person in charge” means the owner, master or charterer or the agent of the owner, master or charterer;

“regulated gear” means any gear within a grouping of fishing gears specified in paragraph 4 of Annex IIa in relation to cod and paragraph 3 of Annex IIc in relation to sole;

“Regulation 2807/83” means Commission Regulation (EEC) 2807/1983 which lays down detailed rules for recording information on Member States' catches of fish(4);

“Regulation 423/2004” means Council Regulation (EC) No. 423/2004 of 26th February 2004 establishing measures for the recovery of cod stocks;

“Regulation 2847/93” means Council Regulation (EEC) No. 2847/93 of 12th October 1993 establishing a control system applicable to the common fisheries policy(5);

“relevant fishing boat” means–

(a)

except in relation to articles 3, 4, 5, 7, 8, 12, 15, 16 and 20–

(i)

a licensed Scottish fishing boat wherever it may be; and

(ii)

any other licensed fishing boat which is within the Scottish zone other than a foreign fishing boat;

(b)

in relation to articles 3,4 and 5–

(i)

a Scottish fishing boat wherever it may be; and

(ii)

any other fishing boat which is within the Scottish zone;

(c)

in relation to articles 7,8,15 and 16 a licensed Scottish fishing boat;

(d)

in relation to articles 12 and 20–

(i)

a licensed Scottish fishing boat; and

(ii)

a licensed English, Welsh or Northern Ireland fishing boat where a licensed Scottish fishing boat is the donor and it is the recipient or it is the donor and a licensed Scottish fishing boat is the recipient;

“relevant offence” means an offence under this Order or under any equivalent provision except an offence under article 30;

“Scotland” has the same meaning as in section 126(1) of the Scotland Act 1998(6);

“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging;

“Scottish zone” has the same meaning as in section 126(1) of the Scotland Act 1998(7);

“sole recovery zone” means the geographical area defined in paragraph 1 of Annex IIc;

“the Council Regulation” means Council Regulation (EC) No. 40/2008 of 16 January 2008 fixing for 2008 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(8);

“third country fishing boat” means a fishing boat flying the flag of and registered in a State other than a Member State;

“unused day” means any period of 24 consecutive hours in the cod recovery zone or the sole recovery zone to which a relevant fishing boat carrying regulated gear is entitled to and has not used in any management period determined under article 8 or 16; and

“Welsh fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Wales as the port to which the vessel is to be treated as belonging.

(2) In this Order “logbook” has the same meaning as in Article 6 of Regulation 2847/93 as read with Regulation 2807/83 and for the purposes of this Order, any reference to a logbook, declaration or document includes, in addition to a logbook, declaration or document in writing any–

(a) map, plan, graph or drawing;

(b) photograph;

(c) data, however reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93;

(d) disk, tape, sound track or other device on which sounds or other data (not being visual aids) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and

(e) film (including microfilm), negative, tape, disk or other device on which one or more visual images are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom.

(3) In this Order, any reference to a–

(a) numbered article is a reference to the article so numbered in this Order;

(b) numbered paragraph is a reference to the paragraph so numbered in the article in which it appears in this Order;

(c) numbered Schedule is a reference to the Schedule to this Order so numbered; and

(d) numbered Article or Annex is, except where otherwise indicated, a reference to the Article or Annex so numbered in the Council Regulation.

(4) Column 2 of Schedules 1 and 2 (which provides in relation to each Community quota measure and each Community third country fishing measure an indication of the subject matter of the measure) is not to be read as limiting the scope of any Community quota measure or Community third country fishing measure and is to be disregarded in relation to any question arising as to the construction of this Order.

(5) Any information provided to any authority for the purposes of any provisions of this Order is to be treated as also provided for the purposes of any equivalent provision.

(1)

1995 c. 21.

(2)

Cmnd. 2586.

(3)

Section 4 was amended by the Fishery Limits Act 1976 (c. 86), section 3, the Fisheries Act 1981 (c. 29), section 20 and the Sea Fish (Conservation) Act 1992 (c. 60), section 1 and has effect in relation to Scotland as modified by section 22A inserted by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), Schedule 2, paragraph 43(13).

(4)

O.J. No. L 276, 10.10.83, p.1; the last amending instrument is Commission Regulation (EC) No. 1804/2005 (O.J. No. L 290, 04.11.05, p.10).

(5)

O.J. No. L 261, 20.10.93, p.1 as amended by Council Regulation (EC) No. 2870/95, O.J. No. L 301, 14.12.95, p.1; Council Decision (EC) No. 95/524, O.J. No. L 301, 14.12.95, p.35; Council Regulation (EC) No. 2489/96, O.J. No. L 338, 28.12.96, p.12; Council Regulation (EC) No. 686/97, O.J. No. L 102, 19.4.97, p.1; Commission Regulation (EC) No. 1489/97, O.J. No. L 202, 30.7.97, p.18; Council Regulation (EC) No. 2205/97, O.J. No. L 304, 7.11.97, p.1; Council Regulation (EC) No. 2635/97, O.J. No. L 356, 31.12.97, p.14; Council Regulation (EC) No. 2846/98, O.J. No. L 358, 31.12.98, p.5; Council Regulation (EC) No. 806/2003, O.J. No. L 122, 16.5.03, p.1; Council Regulation (EC) No. 1954/2003 O.J. No. L 289, 7.11.03, p.1 and Council Regulation (EC) No. 768/2005 O.J. No. L 128, 21.5.05, p.1.

(6)

1998 c. 46.

(7)

The sea within British fishery limits (that is, the limits set by or under section 1 of the Fishery Limits Act 1976 (c. 86)) which is adjacent to Scotland is determined by the Scottish Adjacent Waters Boundaries Order 1999 (S.I. 1999/1126).

(8)

O.J. No. L 19, 23.01.08, p.1.