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

Explanatory Note

(This note is not part of the Order)

This Order, which forms part of the law of Scotland only, makes provision for the enforcement of Council Regulation (EC) No. 40/2008 (“the Council Regulation”).

Part II of the Order makes provision for the enforcement of certain enforceable Community restrictions and other obligations relating to sea fishing by Community vessels and third country vessels set out in the Council Regulation. The Council Regulation fixes total allowable catches and the quotas of Member States for 2008 and lays down certain conditions under which they may be fished. It also authorises fishing by vessels of Norway and the Faroe Islands for specified descriptions of fish in certain specified areas within the fishery limits of Member States in 2008 and imposes requirements concerning fishing quotas and authorised zones, methods of fishing, the holding of licences and observance of licence conditions, the keeping of logbooks, the making of reports and similar matters.

The Order makes provision for the purposes of Article 10 of the Council Regulation (requirement for adequate sampling programme when landing unsorted catches) (article 3).

The Order makes it an offence to contravene the provision in Annex IA to the Council Regulation in relation to the quantity of dogfish and skate and ray retained on board (article 4).

Article 5 of the Order makes it an offence to contravene Article 21(e) of Annex III to the Council Regulation which limits the by-catch of redfish to a maximum of 1% and sharks to a maximum of 5% of the total catch retained on board.

The Order creates offences in respect of contraventions of the provisions of the Council Regulation referred to in column 1 (and briefly described in column 2) of Schedules 1 (Community quota measures) and 2 (Community third country fishing measures) to the Order (article 6).

Parts III and IV of the Order provide for the enforcement in Scotland of the provisions of Annex IIa and IIc (“the Annexes”) to the Council Regulation and the monitoring, inspection and surveillance provisions in Council Regulation 423/2004.

The Order contains provisions relating to the determination for certain fishing boats of the number of days, in accordance with paragraphs 8 of Annex IIa and 7 of Annex IIc of the Council Regulation, for which they may be in the cod and sole recovery zones (articles 7 and 15).

The Order also provides as to the determination of management periods referred to in paragraphs 9.1 and 8.1 of the Annexes and of the number of days allowed in the cod and sole recovery zones during a management period (articles 8 and 16).

Provision is also made in relation to the deduction of days by the Scottish Ministers (articles 9(10) and 17(10)) and the procedure to be followed in doing so (articles 10 and 18).

Provision is made as to the use of regulated gears and associated offences (articles 11 and 19), and the transfer of days from one boat to another (articles 12 and 20).

By virtue of article 13, the ports named in Schedule 3 to the Order are designated for the purposes of Article 12(2) of Regulation 423/2004.

Provision is made for the maintenance of a logbook (article 21), and for the submission of the relevant part of the logbook at a designated port (article 22).

The Order extends the application of the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000 in pursuance of Regulation 423/2004 and Annex IIc (article 23).

The Order provides for penalties (article 24) and for the recovery of fines imposed in respect of an offence under the Order (article 25).

For the purposes of enforcing the provisions of the Order or any equivalent provision (as defined in the Order) the Order confers on British sea-fishery officers the powers 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 26 to 28).

Provision is made for the protection of British sea-fishery officers in the exercise of their powers under the Order (article 29) and for an offence of obstructing such officers (article 30).

Provision is made in relation to offences committed by a body corporate, a partnership or an unincorporated association (article 31) and in relation to the admissibility in evidence of logbooks and other documents (article 32).

The Order revokes the Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2007 and the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Scotland) Order 2007 (article 33).

The Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2008 is amended to correct some references and to make offences under this Order “relevant offences” in terms of that Order. This means that British sea fishery officers may issue a fixed penalty notice in respect of these offences (article 34).

A Regulatory Impact Assessment in the relation to this Order has been prepared and placed in SPICE. Copies can be obtained from the Scottish Executive Environment and Rural Affairs Department, Robb’s Loan, Edinburgh, EH14 1TY.