This Scottish Statutory Instrument has been made in consequence of a defect in S.S.I. 2009/165 and is being issued free of charge to all known recipients of that instrument.
2010 No. 231
Sea Fisheries

The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2010

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 3 and 15(3) of the Sea Fish (Conservation) Act 19671 and all other powers enabling them to do so.

Citation and commencement1.

This Order may be cited as the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2010 and comes into force on 3rd July 2010.

Amendment of the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 20002.

(1)

The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 20002 is amended in accordance with this article.

(2)

In paragraph (1) of article 2 (interpretation)—

(a)

in the definition of “equivalent Order”, for “Community” substitute “EU”; and

(b)

for the definition of “Regulation 43/2009”, substitute—
““Regulation 43/2009” means Council Regulation (EC) No. 43/2009 fixing for 2009 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 corrected by Corrigendum to the Annexes to said Council Regulation (EC) No. 43/20094 and as amended by Council Regulation (EC) No. 302/20095, Commission Regulation (EC) No. 517/20096, Commission Regulation (EC) No. 593/20097, Commission Regulation (EC) No. 709/20098, Council Regulation (EC) No. 753/20099 and Council Regulation (EC) No. 1288/200910;”.

(3)

In paragraph (1A) of article 3 (application)—

(a)

at the end of sub-paragraph (a), insert “or”; and

(b)

for sub-paragraphs (b) and (c), substitute—

“(b)

any other fishing boat within that part of ICES Division VIa which is specified in paragraph (1C) and is within the Scottish zone.”.

(4)

In paragraph (1) of article 6 (powers of British sea-fishery officers in relation to fishing boats)—

(a)

at the end of sub-paragraph (a), insert “and”; and

(b)

for sub-paragraphs (b) and (c), substitute—

“(b)

any other fishing boat within the Scottish zone,”.

RICHARD LOCHHEAD
A member of the Scottish Executive

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Order)

This Order amends the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000 (“the principal Order”) and forms part of the law of Scotland only.

The principal Order provides mainly for the enforcement of additional technical measures in specified sea areas, pursuant to Article 46 of Council Regulation (EC) No. 850/9811. However, article 4A of the principal Order enforces paragraph 6 of Annex III to Council Regulation (EC) No. 43/200912. Paragraph 6 of Annex III applies technical conservation measures to a specified sea area within West of Scotland (that part of ICES Division VIa which is east of the Cod Recovery Line) for the protection of cod, haddock and whiting stocks.

Article 2(3) of this Order amends article 3(1A) of the principal Order by clarifying the application of article 4A. Article 4A of the principal Order continues to apply to any Scottish fishing boat within that part of ICES Division VIa which is east of the Cod Recovery Line (as specified by article 3(1C) of the principal Order). However, in relation to non-Scottish fishing boats, the amendment restricts the application of article 4A to any other fishing boat within that part of ICES Division VIa which is east of the Cod Recovery Line and is within the Scottish zone.

This Order also amends article 2(1) of the principal Order, by revising certain definitions, and article 6(1) of the principal Order, by clarifying the application of British sea‑fishery officers’ powers in relation to fishing boats (article 2(2) and (4)).

No Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business.