Explanatory Note
(This note is not part of the Order.)
This Order provides for the enforcement in Northern Ireland of the provisions of Annex V (“the Annex”) to Council Regulation (EC) No. 2287/2003 (O.J. No. L344 31.12.2003. p. 1) fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish, applicable in Community waters and, for Community vessels, in waters where catch limitations are required.
The Order contains provisions relating to the aggregation of management periods (Article 3), the number of days which a vessel may be absent from port (Article 4) , the use of regulated fishing gear (Article 5) and the manner in which days may be transferred between fishing vessels within the same management period (Article 6).
Further, the Order sets out provisions for the transportation of cod (Article 7), a provision relating to the mixing of species within containers on board fishing vessels (Article 8), procedures for the landing of cod in designated and non-designated ports (Articles 9 to 11), a margin of tolerance relating to the recording of catches of fish in logbooks (Article 12) and provisions relating to the maintenance of logbooks (Article 13).
The Order creates offences in respect of the contravention, by the person in charge of the relevant fishing boat (or the individuals otherwise specifically referred to) of provisions of the Annex. The offences relate to absences from port without notified gear (Article 3) or in excess of the days permitted (Article 4), failure to use regulated fishing gears in the manner set out in the Annex (Article 5), giving false information when attempting to transfer days from one vessel to another (Article 6), transporting cod in a manner inconsistent with the Annex (Article 7), unlawful mixing of species (Article 8), the landing of cod in designated and non-designated ports in contravention of notification and documentary requirements (Articles 9 to 11), and failing to comply with the 8% tolerance for logbook records relating to catches of fish and failure to handover and dispatch logbooks in the manner prescribed (Articles 12 and 13).
The Order provides that a person guilty of an offence under it other than an offence under Article 20 is liable, on summary conviction, to a fine not exceeding £50,000 and on conviction on indictment to a fine. Further fines up to and including the value of any fish caught in committing the offence are permitted and the court may also order the seizure of fish caught or equipment used in, or in activities leading to, the commission of the offence (Article 14).
The Order also provides for the recovery of fines imposed, or treated as imposed, by a magistrates' court (Article 15).
For the purposes of enforcing provisions of the Annex, 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 16 to 18). Protection of such officers from liability is set out in Article 19, and impeding them is an offence under Article 20, with a fine of up to the statutory maximum on summary conviction and a fine on conviction on indictment. Articles 21 and 22 deal with corporate and equivalent offences and admissibility of documents in evidence. Consequential amendment and revocation is carried in Articles 23 and 24. In addition Article 23 includes further provision bringing forward the time for submission of logbook entries for landings in designated ports.