The Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Cod)(Irish Sea) (Wales) Order 2000

Interpretation

2.—(1) In this Order –

• “British fishing boat” (“cwch pysgota Prydeinig”) 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;

• “the Community provisions” (“y darpariaethau Cymunedol”) mean:

  (a)

  the prohibition contained in Article 1.1 of the Commission Regulation, as read with Article 1.2 and 1.3 of that Regulation, and

  (b)

  the requirement contained in Article 4(4)(b) of Regulation 850/98, as read with articles 4(5)(a) and 5 and Annex I of that Regulation, in so far (only) as that requirement has been given extended effect by virtue of Article 2 of the Commission Regulation;

• “the Commission Regulation” (“Rheoliad y Comisiwn”) means Commission Regulation (EC) No. 304/2000 establishing measures for the recovery of the stock of cod in the Irish Sea (ICES Division VIIa)(2);

• “fishing boat” (“cwch pysgota”) includes a receiving vessel and a third country vessel, in each case within the meaning of Regulation 2847/93;

• “local fisheries committee” (“pwyllgor pysgodfeydd lleol”) means a local fisheries committee constituted by an order made, or having effect as if made, under section 1 of the Sea Fisheries Regulation Act 1966(3);

• “Regulation 2847/93” (“Rheoliad 2847/93”) means Council Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy(4);

• “Regulation 850/98” (“Rheoliad 850/98”) means Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms(4);

• “relevant British fishing boat” (“cwch pysgota Prydeinig perthnasol”) means a British fishing boat which is not a Scottish fishing boat;

• “relevant offence” (“tramgwydd perthnasol”) means an offence under:

  (a)

  article 3 of this Order, or

  (b)

  any provision in any other order extending to any part of the United Kingdom made for the purposes of implementing the Community provisions being a provision in respect of which, by virtue of section 30(2A) of the Fisheries Act 1981, proceedings may be commenced in any place in the United Kingdom;

• “specified area” (“ardal benodedig”) means that part of the area defined in Article 1.1 of the Commission Regulation, within the territorial sea adjacent to Wales(5);

• “Scottish fishing boat” (“cwch pysgota Albanaidd”) 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.

• “Wales” (“Cymru”) is to be interpreted in accordance with section 155(1) and (2) of the Government of Wales Act 1998(6).

(2) In this Order any reference to a document, logbook or declaration includes, in addition to a document, logbook or declaration in writing –

(i) any map, plan, graph or drawing;

(ii) any photograph;

(iii) any data, howsoever reproduced, communicated via a satellite-vessel monitoring system established under article 3.1 of Regulation 2847/ 93;

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

(v) any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.

(3) Any reference in this Order to a Community instrument is a reference to that instrument and any amendment of such instrument in force on the date this Order is made.

(1)

1995, c. 21.

(2)

OJ No. L.35, 10.02.2000, p.10.

(3)

1966, c. 38, section 1 was repealed in part by the Local Government Act 1972 (c. 70), section 272(1) and Schedule 30; and substituted in part by the Local Government Act 1985 (c. 51), section 16 and Schedule 8, paragrpaph 19.

(4)

OJ No. L125, 27.4.98, p.1, as last amended by Council regulation (EC) No. 2723/99 (OJ No. L328, 22.12.99, p.9).

(5)

The territorial sea adjacent to Wales is determined in accordance with the provisions of section 1 of the Territorial Sea Act 1987 (c. 47) and with any provisions made, or having effect as if made, under that section. The boundary between those parts of the sea within the Severn and Dee Estuaries which are to be treated as being territorial seas adjacent to Wales, and those which are not, is determined in accordance with article 6 and Schedule 3 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(6)

1998, c. 38