EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 (c.68) and paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c.16). These Regulations make miscellaneous amendments to legislation concerning technical conservation measures for sea fisheries to reflect the coming into force of Regulation (EU) 2019/1241 of the European Parliament and of the Council (OJ No. L 198, 25.7.2019, p.105) (“the Technical Conservation Regulation”) and the consequential repeal and amendment of other EU instruments. These Regulations also address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) of the 2018 Act) arising from the withdrawal of the United Kingdom from the European Union.
Regulations 2 to 6 make minor amendments to the following subordinate legislation to replace, amend or remove out of date references to, and in respect of, Council Regulation (EC) No 850/98 (OJ No. L 125, 27.4.1998, p.1): the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000; the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2001; the Shrimp Fishing Nets (Scotland) Order 2004; the Regulation of Scallop Fishing (Scotland) Order 2017; and the Prohibition of Fishing with Multiple Trawls (Scotland) Order 2017.
In addition, regulations 2 and 4 amend the definition of “codend” to have the same the meaning as in the Technical Conservation Regulation. Regulations 2 and 4 also revoke redundant powers of British sea-fishery officers, which are now provided for by the common enforcement powers in section 35(1) of the Aquaculture and Fisheries (Scotland) Act 2013 (asp 7).
Regulation 6 also amends the minimum mesh size requirement for fishing for redfish with trawls in the area described in the first sub-paragraph of paragraph 1(1) of Part C of Annex 12 of the Technical Conservation Regulation.
Regulation 7 revokes provisions in the Fisheries (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 which are redundant as a result of these Regulations.
Regulation 8 revokes subordinate legislation which is now redundant and makes saving provision.
A Business and Regulatory Impact Assessment has not been produced for this instrument as no significant impact upon business, charities or voluntary bodies is foreseen.