2020 No. 367
The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020
Made
Laid before the Scottish Parliament
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721 and paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 20182 and all other powers enabling them to do so.
In accordance with paragraph 4 of schedule 2 of the European Union (Withdrawal) Act 2018, they have consulted with the Secretary of State.
Citation and commencement1
1
These Regulations may be cited as the Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020.
2
Subject to paragraph (3), these Regulations come into force on 21 December 2020.
3
Regulation 7(3) comes into force immediately before IP completion day.
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 20003 is amended as follows.
2
In article 2—
a
in paragraph (1)—
i
for the definition of “the Council Regulation”, substitute—
“Regulation 2019/1241” means Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures4;
ii
omit the definition of “codend”,
iii
omit the definition of “equivalent Order”,
b
in paragraph (2), for “the Council Regulation” substitute “Regulation 2019/1241”.
3
Omit article 6.
The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 20013
In the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 20015 omit article 2(a)(i).
The Shrimp Fishing Nets (Scotland) Order 20044
1
The Shrimp Fishing Nets (Scotland) Order 20046 is amended as follows.
2
For article 2(1) substitute—
1
In this Order, “codend” has the meaning given in Article 6 of Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures7.
3
In article 3(2)(d), omit “in accordance with Article 25 of Council Regulation (EC) No. 850/98”.
4
Omit article 4.
The Regulation of Scallop Fishing (Scotland) Order 20175
In article 3(4) of the Regulation of Scallop Fishing (Scotland) Order 20178, for the words from “Annex XIII” to the end, substitute “Annex 4 of Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures9.”.
The Prohibition of Fishing with Multiple Trawls (Scotland) Order 20176
1
The Prohibition of Fishing with Multiple Trawls (Scotland) Order 201710 is amended as follows.
2
In article 2—
a
in paragraph (1), for the definition of “the Council Regulation”, substitute—
“Regulation 2019/1241” means Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures11,
b
in paragraph (2), for “the Council Regulation” substitute “Regulation 2019/1241”.
3
In article 3—
a
in paragraph (2), for “paragraph (3)”, substitute “paragraphs (3) and (4)”,
b
at the beginning of paragraph (3)(b), insert “subject to paragraph (4),” ,
c
after paragraph (3), insert—
4
Fishing for redfish with trawls with a mesh size of less than 100 millimetres in the area described in the first sub-paragraph of paragraph 1(1) of Part C of Annex 12 of Regulation 2019/1241 is prohibited.
The Fisheries (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 20197
1
The Fisheries (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 201912 are amended as follows.
2
Omit regulations 2 and 6.
3
Omit part 3.
Revocations and savings8
1
The following instruments are revoked—
a
the Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Order 200013,
b
the Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Amendment Order 200214,
c
the Prevention and Monitoring of Cetacean Bycatch (Scotland) Order 200515,
d
the Sea Fishing (Transitional EU Technical Conservation Measures) (Scotland) Order 201016.
2
Notwithstanding paragraph (1), the instruments referred to in that paragraph continue to have effect for the purposes of any investigation or legal proceedings relating to any acts or omissions which occurred before 21 December 2020 and constitute an offence under any of those instruments.
(This note is not part of the Regulations)