The Sea Fishing (Penalty Notices) (Wales) (Amendment) Order 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Sea Fishing (Penalty Notices) (Wales) Order 2019 (S.I. 2019/363) (W. 86) (“the 2019 Order”) in consequence of amendments made by the Fisheries Act 2020 (c. 22) (“the 2020 Act”).

The 2019 Order creates a scheme for the issuing and payment of penalty notices for specified offences related to sea fishing (“penalty offences”).

The 2020 Act makes provision for access of foreign vessels to fisheries in Wales and the Welsh zone, and for the licensing of fishing vessels by the Welsh Ministers. It also revokes provisions in other legislation which governed those matters. This Order therefore updates the list of penalty offences contained in the 2019 Order by removing references to offence provisions which have been revoked by provisions in the 2020 Act and including references to the relevant new provisions.

The 2020 Act also provides the Welsh Ministers with powers to make orders relating to the exploitation of sea fisheries resources and provides that a breach of those orders is an offence. This Order therefore adds that offence to the list of penalty offences specified in the 2019 Order.

The Welsh Minister’s Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.