2003 No. 623
SEA FISHERIES

The Sea Fishing (Restriction on Days at Sea) (Scotland) Amendment (No. 3) Order 2003

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by section 30(2) of the Fisheries Act 19811 and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement1.

This Order may be cited as The Sea Fishing (Restriction on Days at Sea) (Scotland) Amendment (No. 3) Order 2003 and shall come into force on 1st January 2004.

Amendment of the Sea Fishing (Restriction on Days at Sea) (Scotland) Order 20032.

(1)

The Sea Fishing (Restriction on Days at Sea) (Scotland) Order 20032 is amended as follows.

(2)

In article 2(1) (interpretation) for the definition of “Annex XVII” substitute–

“Annex XVII” means Annex XVII to Council Regulation (EC) No. 2341/2002 fixing for 2003 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 required3, as amended by Council Regulation (EC) No. 671/2003 of 10th April 20034 and as applied for the period from 1st January 2004 to 31st January 2004 by Council Regulation (EC) No. 2287/2003 of 19th December 20035.

(3)

In article 3 (absence from port)–

(a)

in paragraph (2)(c), for “December 2003” substitute “each of December 2003 and January 2004”; and

(b)

in paragraph (9)(a)(ii) and (b)(iii), after “December 2003” insert “or January 2004”.

(4)

In article 4 (exception in relation to absence from ports etc)–

(a)

for “4.” substitute “4.—(1)”; and

(b)

after paragraph (1) insert–

“(2)

A person shall not be guilty of an offence under article 3(1) in respect of an activity relating to a boat in January 2004 if the activity would not have been treated as an offence had December 2003 and January 2004 together been treated as a whole period equivalent to one of the two month periods specified in article 3(2)(b).”.

Amendment of the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 20003.

(1)

Article 2(1) (interpretation) of the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 20006 is amended as follows.

(2)

In the definition of “Annex XVII” after “Council Regulations (EC) No. 671/2003 of 10th April 2003” insert “and as applied for the period from 1st January 2004 to 31st January 2004 by Council Regulation (EC) No. 2287/2003”.

ROSS FINNIE
A member of the Scottish Executive

Pentland House, Edinburgh

(This note is not part of the Order)

This Order amends the Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2003 (“the principal Order”) which provides for the enforcement in Scotland of the provisions of Annex XVII (“the Annex”) to Council Regulation (EC) No. 2341/2002 (O.J. No. L 356, 31.12.02, p.12) fixing for certain fish stocks and groups of fish stocks the fishing opportunities in Community waters for 2003 as amended by Council Regulation (EC) No. 671/2003 (O.J. No. L 97, 15.4.03, p.11) and Council Regulation (EC) No. 2287/2003 (O.J. No. L 344, 31.12.03, p.1) and amplified by Commission Decision 2003/185/EC (O.J. No. L 71, 15.3.03, p.28).

The Order in Article 2 contains provisions which amend the principal Order to enforce the amendments made by Council Regulation (EC) No. 2287/2003 by adding the month of January 2004 to the period in which fishing is restricted, subject to the qualification that an activity will not be an offence if it would not have been had December 2003 and January 2004 counted as a single two month period.

Article 3 of the Order provides for the extension of the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000 in pursuance of the Annex.

No Regulatory Impact Assessment has been prepared in relation to these Regulations.