The Sea Fishing (Enforcement of Community Control Measures) Order 1993

Explanatory Note

(This note is not part of the Order)

This Order consolidates with amendments the Sea Fishing (Enforcement of Community Control Measures) Order 1985, as amended, (“the 1985 Order”) which made provision for the enforcement of certain of the enforceable Community restrictions and other obligationsrelating to sea fishing set out in Council Regulation (EEC) No. 2241/87 establishingcertain control measures for fishing activities (“the Council Regulation”) and Commission Regulation (EEC) No. 2807/83 laying down detailed rules for recording information onMember States' catches of fish (“the first Commission Regulation”).

The relevant provisions of the Council Regulation—

(a) require co-operation in facilitating inspections and require masters to permit theverification of information relating to trans-shipments (articles 2(2) and 7(2),fourth sub-paragraph);

(b) require masters to keep logbooks (ie records of their operations) when fishing for stocks subject to total allowable catches (article 5);

(c) require masters to make declarations to the authorities of Member States relating to catches landed or trans-shipped (articles 6, 7 and 8);

(d) prohibit the retention on board, trans-shipment, landing, arranging for trans-shipment or arranging for landing of catches taken after the date on which a quotaallocated to a Member State is deemed to have been exhausted (third sub-paragraph of article 11(3));

(e) require nets to be stowed in certain circumstances (article 13).

The relevant provisions of the first Commission Regulation—

(a) impose detailed requirements for keeping a logbook (article 1 and Annexes I, II,IV, V, VI and VII);

(b) impose detailed requirements for making a landing declaration and a trans-shipment declaration (article 2 and Annexes I, III, IV and V);

(c) impose detailed requirements for the submission of information (article 3 andAnnex VIII).

This Order amends the definition of “the Council Regulation” so as to incorporate withinthat definition the provisions of Council Regulation (EEC) No. 3483/88 amending Regulation (EEC) No. 2241/87 (article 2). The relevant provisions of the amending Regulation prohibit the landing and trans-shipment of fish without a licence or certified document incertain circumstances (articles 11a(2) and 11b(2) of the Council Regulation).

The Order also provides for the enforcement of Commission Regulation (EEC) No. 1382/87 establishing detailed rules concerning the inspection of fishing vessels (“the second Commission Regulation”).

The relevant provisions of the second Commission Regulation—

(a) require the provision of a boarding ladder (article 3(2) and Annex II); and

(b) require masters of inspected vessels to make communications equipment and operators available to an inspector (article 3(3)).

For the purpose of enforcing the Council and Commission Regulations this Order confers on British sea-fishery officers powers to enter premises, to go on board fishing boats, 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 6, 7 and 8). The powers to search for and to seize documents are subject, in the case of premises on land, to the officer obtaining a warrant from a justice of the peace, sheriff or stipendiary magistrate (article 7(2) and (3)).

Provision is also made for the prosecution of offenders and for the punishment of anyone found guilty of furnishing false information or obstructing a British sea-fishery officer (articles 3 and 10). The maximum penalties specified for such offences, and for offences relating to the provisions of the Council and Commission Regulations correspond, in the case of offences equivalent to those under the Sea Fish (Conservation) Act 1967 (c. 84), and the Sea Fisheries Act 1968 (c. 77), both as amended by the Fisheries Act 1981, to the penalties imposed for such offences by those Acts (articles 4 and 10).

The Order provides powers for the recovery of fines imposed by a magistrates' court in England and Wales or Northern Ireland, or in Scotland by a sheriff (article 5).

The Order revokes the 1985 Order together with the Orders which amended it (article 13).