2015 No. 191

Sea Fisheries, England And Wales
Sea Fisheries, Northern Ireland

The Sea Fishing (Enforcement and Miscellaneous Provisions) Order 2015

Made

Laid before Parliament

Laid before the National Assembly for Wales

Coming into force

The Secretary of State and (acting only in relation to Wales and the Welsh zone F1) the Welsh Ministers make this Order in exercise of the powers conferred by section 30(2) of the Fisheries Act 1981 F2, which are now vested in them F3.

The Secretary of State and the Welsh Ministers are each designated for the purposes of section 2(2) of the European Communities Act 1972 F4 (“the 1972 Act”) in relation to the common agricultural policy of the European Union F5. The Secretary of State is designated for the purposes of section 2(2) of the 1972 Act in relation to the environment and the Welsh Ministers are designated for those purposes in relation to the conservation of natural habitats and of wild fauna F6

This Order makes provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State and the Welsh Ministers that it is expedient for any reference in this Order, the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 F7, the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 F8, or the Tope (Prohibition of Fishing) Order 2008 F9, to the following Regulations to be construed as a reference to those Regulations as amended from time to time:

  1. a

    Council Regulation (EC) No. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing F10;

  2. b

    Council Regulation (EC) No. 1010/2009 laying down detailed rules for the implementation of Council Regulation (EC) No. 1005/2008F11;

  3. c

    Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy F12;

  4. d

    Commission Implementing Regulation (EU) No. 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No. 1224/2009F13; and

  5. e

    Council Regulation (EU) No. 1380/2013 on the Common Fisheries Policy F14.

The Secretary of State and (acting only in relation to Wales) the Welsh Ministers make this Order (to the extent that it does not apply in relation to enforceable Community restrictions or obligations relating to sea fishing) in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 F15 to, the 1972 Act.

Annotations:
Amendments (Textual)
F1

The Welsh zone is defined in section 158(1) of the Government of Wales Act 2006 (c.32), as amended by section 43(1) and (2) of the Marine and Coastal Access Act 2009 (c.23). The boundaries of the Welsh zone were specified in S.I. 2010/760. Article 5(3)(a) of S.I. 2010/2690 provides that the designation of the Welsh Ministers applies in relation to Wales and the Welsh zone.

F2

1981 c.29. See section 30(3) for the definition of “the Ministers”.

F3

Section 30(2) provides for the Ministers to make provision for the enforcement of enforceable Community restrictions and obligations relating to sea fishing. The function of the Ministers under section 30(2) of the Fisheries Act 1981 (“the 1981 Act”) in relation to Wales was transferred to the National Assembly for Wales and then transferred from that body to the Welsh Ministers: see article 2(a) of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and paragraph 30 of Schedule 11 to the Government of Wales Act 2006. In so far as that function was exercisable in relation to the Welsh zone, it has been transferred to the Welsh Ministers by article 4(1)(e) of the Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760). The function under section 30(2) exercisable in relation to the Northern Ireland zone and Northern Ireland fishing boats outside that zone remains exercisable by the Ministers despite being transferred to the Department of Agriculture and Rural Development in Northern Ireland under article 3(2) of, and paragraph 3(1) of Schedule 2 to, the Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790): see paragraph 3(2) of Schedule 2 to that Order. Any remaining functions of the Secretaries of State concerned with sea fishing in Scotland and Wales under section 30(2) of the 1981 Act were transferred to the Minister of Agriculture, Fisheries and Food: see article 2(1) of, and the Schedule to, the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812). The function of that Minister and the Secretary of State concerned with sea fishing in Northern Ireland acting jointly under section 30(2) was transferred to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with sea fishing in Northern Ireland acting jointly: see article 2(5) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794). The function of the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with sea fishing in Northern Ireland was transferred to the Secretary of State by article 3(1)(d) of the Transfer of Functions (Sea Fisheries) Order 2012 (S.I. 2012/2747).

F4

1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

F5

The Secretary of State is designated in relation to the common agricultural policy by S.I. 1972/1811. The Welsh Ministers are designated in relation to the common agricultural policy by S.I. 2010/2690. The function of the former Minister of Agriculture of making regulations under section 2(2) was transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order (S.I. 2002/794).

F6

The Secretary of State is designated in relation to the environment by S.I. 2008/301. The Welsh Ministers are designated in relation to the conservation of natural habitats and of wild fauna by S.I. 2002/248, amended by S.I. 2006/3329 and 2011/1043. The designation is subject to the exceptions set out in Schedule 2 to that Order. That Order continues to have effect, and the functions conferred on the National Assembly for Wales by means of that Order are now exercisable by the Welsh Ministers, by virtue of paragraphs 28(1) and 30 of Schedule 11 to, the Government of Wales Act 2006.

F8

S.I. 2007/1842, to which there are amendments not relevant to these Regulations.

F10

OJ No. L 286, 29.10.2008, p. 1, as last amended by Commission Regulation (EU) No. 202/2011 (OJ No. L 57, 2.3.2011, p. 10).

F11

OJ No. L280, 27.10.2009, p.5, as last amended by Commission Implementing Regulation (EU) N.865/2013 (OJ No. L 241, 10.9.2013, p.1).

F12

OJ. No L343, 22.12.2009, p.1, as last amended Regulation (EU) No. 508/20144 (OJ) N. L 149, 20.5.2014, p.1).

F13

OJ No. L 112, 30.4.2011, p. 1, as corrected by a corrigendum (OJ No. L 328, 10.12.2011, p. 58).

F14

OJ No. L 354, 28.12.2013, p. 22, as amended by Council Regulation (EU) No. 1385/2013 (OJ No. L 354, 28.12.2013, p. 86).

F15

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and by S.I. 2007/1388.

Citation, commencement and extent1

1

This Order may be cited as the Sea Fishing (Enforcement and Miscellaneous Provisions) Order 2015 and comes into force on 6th March 2015.

2

Subject to paragraph (3) and, as regards the Schedule, to any contrary provision in the third column, it extends to England and Wales and, except for articles 3 and 4, to Northern Ireland.

3

The revocations of the British Fishing Boats Act 1983 (Guernsey) Order 1985 F16 and the Undersized Lobsters Order 2000 F17 in the Schedule, and article 7 in so far as it applies to those revocations, extend to the Bailiwick of Guernsey.

4

In the Schedule—

a

revocations which extend to Wales have effect, for the purposes of the application of the instruments revoked which apply to Wales and the Welsh zone, to Wales and the Welsh zone;

b

revocations which extend to Northern Ireland have effect, for the purposes of the application of the instruments revoked which apply to Northern Ireland and the Northern Ireland zone, to Northern Ireland and the Northern Ireland zone F18.

Competent authorities2

1

The competent authorities responsible for fisheries monitoring centres for the purposes of Article 9(8) of the Control Regulation are—

a

for the fisheries monitoring centre for English and Welsh fishing boats and for F62... third country fishing boats in British Fishery Limits (other than in Scotland, the Scottish zone F19, Northern Ireland or the Northern Ireland zone), the Marine Management Organisation;

b

for the fisheries monitoring centre for Northern Ireland fishing boats and for F63... third country fishing boats in Northern Ireland or the Northern Ireland zone, the Department of Agriculture and Rural Development.

F642

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

The competent national authority for the purposes of Article 125 of the Commission Implementing Regulation is—

a

in relation to vessels registered at a port in England, the Marine Management Organisation;

b

in relation to vessels registered at a port in Wales, the Welsh Ministers;

c

in relation to vessels registered at a port in Northern Ireland, the Department of Agriculture and Rural Development.

4

In this article—

  • the Commission Implementing Regulation” means Commission Regulation (EU) No. 404/2011 laying down detailed rules for the implementation of the Control Regulation, as amended from time to time;

  • the Control Regulation” means Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, as amended from time to time;

  • fishing boat” means a vessel equipped for the commercial exploitation of living aquatic resources, including sea fish, and—

    1. a

      an “English fishing boat” is a fishing boat registered at a port in England;

    2. b

      a “Northern Ireland fishing boat” is a fishing boat registered at a port in Northern Ireland;

    3. c

      a “Welsh fishing boat” is a fishing boat registered at a port in Wales.

Recovery of fines3

1

This article applies where a court in England or Wales imposes a fine on a person convicted of an offence under—

a

section 30(1) of the Fisheries Act 1981 F65... F20; or

b

an order extending to any part of the United Kingdom which is to any extent made under section 30(2) of that Act.

2

The court may, for the purposes of recovering the fine—

a

issue a warrant of distress against the fishing boat involved in the commission of the offence, its gear or catch or any property of the person convicted;

b

order that the fishing boat, its gear or catch be detained until the earliest of—

i

the expiry of a period not exceeding three months from the date of the conviction;

ii

payment of the fine;

iii

the recovery of the amount of the fine in pursuance of any such warrant.

3

Sections 77(1) and 78 of the Magistrates' Courts Act 1980 F21 (postponement of issue of, and defects in, warrants of distress) apply to a warrant of distress issued under this article as they apply to a warrant of distress issued under Part 3 of that Act.

4

Where, in relation to a fine in respect of an offence referred to in paragraph (1), an order under article 95 of the Magistrates' Courts (Northern Ireland) Order 1981 F22 or section 222 of the Criminal Procedure (Scotland) Act 1995 F23 (which deal with the transfer of fines from one jurisdiction to another) specifies a local justice area in England or Wales, this article applies as if the fine were imposed by a court within that area.

5

In this article, “fine” includes any pecuniary penalty, pecuniary forfeiture or pecuniary compensation payable under a conviction.

Amendment of the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 20054

1

The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 F24 are amended as follows.

2

In regulation 1 (citation, commencement and extent)—

a

in paragraph (3)(b) and (c)(iv), after “Wales” insert “ or the Welsh zone ”; and

b

for paragraph (4) substitute—

4

In paragraph (3)(b) and (c)(iv), “Wales” and the “Welsh zone” have the same meanings as in section 158(1) of the Government of Wales Act 2006 F25

3

In regulation 2 (interpretation)—

a

in paragraph (1)—

i

omit the definition of “Article 9”;

ii

omit the definition of “the CFP Regulation”;

iii

after the definition of “British fishing boat” insert—

the Control Regulation” means Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, as amended from time to time

iv

in the definition of “equivalent provisions”, for “Article 9, or Article 22 of the CFP Regulation” substitute “ Chapter II of Title V ”; and

v

in the definition of “fish”, for “Article 9 or Article 22 of the CFP Regulation” substitute “ the Control Regulation ”; and

b

for paragraph (3) substitute—

3

Terms used in these Regulations which are not defined in paragraph (1) or (2) and which appear in the Control Regulation have the same meaning in these Regulations as they have for the purposes of the Control Regulation.

4

In these Regulations, a reference to an Article means an Article of the Control Regulation, and a reference to Chapter II of Title V means Chapter II of Title V of the Control Regulation

4

In regulation 3 (registration of fish sellers)—

a

in paragraph (1), for “Article 9” substitute “ Chapter II of Title V (control of marketing: post-landing activities) ”;

b

in paragraph (4), for “Article 9, Article 22 of the CFP Regulation” substitute Articles 59, 62, 63, 64, 66 and 67”; and

c

in paragraph (8)(b), for “Article 9, Article 22 of the CFP Regulation” substitute “ Article 59, 62, 63, 64, 66 or 67 ”.

5

In regulation 5 (maintenance of records by registered fish seller), in paragraph (3), for “until the end of the second calendar year following that sale” substitute “ for 3 years ”.

6

In regulation 6 (designation of fish auction sites)—

a

in paragraph (1), for “Article 9 and Article 22 of the CFP Regulation” substitute “ Chapter II of Title V ”; and

b

in paragraphs (3) and (7)(b), for “Article 9, Article 22 of the CFP Regulation” substitute “ Chapter II of Title V ”.

7

In regulation 7 (registration of fish buyers)—

a

in paragraph (1), for “Article 22(2)(b) of the CFP Regulation” substitute “ Article 59 ”;

b

in paragraph (3), for “Article 9, Article 22 of the CFP Regulation” substitute “ Articles 62, 63, 64, 66 and 67 ”; and

c

in paragraph (7)(b), for “Article 9, Article 22 of the CFP Regulation” substitute “ Article 62, 63, 64, 66 or 67 ”.

8

For regulation 8 (purchase of fish by an unregistered buyer), substitute—

8

Any person who buys fish contrary to Article 59(2) is guilty of an offence, unless the exemption in Article 59(3) applies

9

In regulation 9 (maintenance of records by registered fish buyer), in paragraph (3), for “until the end of the second calendar year following that purchase” substitute “ , for 3 years ”.

10

In Schedule 1 (conditions applicable to registrations of fish sellers), in paragraph 2, for “Article 9 of Council Regulation (EEC) 2847/1993F26” substitute “ Articles 62 to 64 ”.

11

In Schedule 3 (conditions applicable to registrations of fish buyers), in paragraph 2, for “Article 22(2) of Council Regulation (EC) 2371/2002F27” substitute “ Articles 62 to 64 ”.

Annotations:
Amendments (Textual)
F25

2006 c.32. The definition of the “Welsh zone” was inserted into section 158(1) by section 43(2) of the Marine and Coastal Access Act 2009 (c.23).

F26

OJ No. L 261, 20.10.1993, p. 1, repealed by Council Regulation (EC) No. 1224/2009 (OJ No. L 343, 22.12.2009, p. 1).

F27

OJ No. L 358, 31.12.2002, p. 59, repealed by Regulation (EU) No. 1380/2013 (OJ No. L 354, 28.12.2013, p. 22).

Amendment of the Offshore Marine Conservation (Natural Habitats, &c) Regulations 20075

In the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 F28, in regulations 32(14)(b)(ii) (offences relating to European offshore marine sites), 34(6)(b)(ii) (protection of wild birds, their eggs and nests) and 39(11)(b)(ii) (protection of wild animals listed in Annex IV(a) to the Habitats Directive), for “Council Regulation (EC) No. 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy” substitute “ Council Regulation (EU) No. 1380/2013 on the Common Fisheries Policy F29, as amended from time to time ”.

Annotations:
Amendments (Textual)
F28

S.I. 2007/1842, to which there are amendments not relevant to these Regulations.

F29

OJ No. L 354, 28.12.2013, p. 22, as amended by Council Regulation (EU) No. 1385/2013 (OJ No. L 354, 28.12.2013, p. 86).

Amendment of the Tope (Prohibition of Fishing) Order 20086

In the Tope (Prohibition of Fishing) Order 2008 F30, in article 2 (application), for paragraph (2) substitute—

2

This Order does not apply to fishing vessels, as defined in Article 4 of Council Regulation (EU) No. 1380/2013 on the Common Fisheries Policy, which are registered in another member State or in a third country

Revocations7

The instruments specified in the Schedule are revoked to the extent (including, in certain cases, geographical extent) specified there.

George Eustice Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs
Carl Sargeant Minister for Natural Resources, one of the Welsh Ministers

SCHEDULE Revocations

Article 7

Annotations:
Amendments (Textual)
F31

Amended by S.I. 1958/2042, 1959/2054, 1960/547, and 1961/2336.

F32

Amended by section 51 of the Criminal Justice Act 1988 (c.33).

F33

Amended by S.I. 2011/1043.

F34

Amended by section 51 of the Criminal Justice Act 1988 and by S.I. 2011/1043.

F35

Amended by S.I. 2011/1043.

F36

Amended by S.I. 1990/685.

F37

Amended by S.I. 2011/1043.

F38

Amended by S.I. 1991/2565.

F39

Amended by S.I. 1999/1820, 2011/1043.

F40

Revoked in relation to Scotland by S.S.I. 2011/427.

F41

Amended by S.I. 1997/2971.

F42

Amended by S.I. 1998/1365, 1999/1820 and 2011/1043.

F43

Amended by S.I. 2011/1043.

F44

Amended by S.I. 2003/229, 1535, 2004/38, 398, 2005/393, 617, 2624 and 2009/1847 and, in relation to Northern Ireland, by S.R. 2005/350 and 2010/168.

F45

Revoked in relation to England by S.I. 2000/ 3226, and amended by S.I. 2001/3912, 2002/794, 2005/617 and 2011/1043. Revoked in relation to Northern Ireland by S.R. 2005 No.452.

F46

Revoked in relation to England and Northern Ireland by S.I. 2001/1631.

F47

Amended by S.I. 2005/617, 2010/630 and 2011/1043.

F48

Amended by S.I. 2003/559, 2005/617 and 2011/1043.

F49

Amended by S.I. 2002/426, 794, 2005/617 and 2011/603.

F50

Amended by S.I. 2005/617 and 2011/1043.

F51

Amended by S.I. 2005/617.

F52

Revoked in relation to England and Northern Ireland by S.I. 2001/1631, and amended by S.I. 2000/2008 and 2011/1043.

F53

Amended by S.I. 2005/617, 2010/630 and 2011/1043.

F54

Revoked in relation to England by S.I. 2004/3227.

F55

Amended by S.I. 2004/38, 2005/617 and 2011/2043, and revoked in relation to England by S.I. 2004/398.

F56

Amended by S.I. 2011/1043.

F57

Revoked in relation to England by S.I. 2004/398.

F58

Amended by S.I. 2005/617 and 2011/1043.

F59

Amended by S.I. 2005/617 and 2011/603.

F60

Amended by S.I. 2011/1043.

F61

Amended by S.I. 2011/1043.

Instruments revoked

References

Extent of revocation

The Whaling Industry (Ship) Regulations 1955

S.I. 1955/1973 F31

The whole Regulations

The Whaling Industry (Ship) (Amendment) Regulations 1958

S.I. 1958/2042

The whole Regulations

The Whaling Industry (Ship) (Amendment) Regulations 1959

S.I. 1959/2054

The whole Regulations

The Whaling Industry (Ship) (Amendment) Regulations 1960

S.I. 1960/547

The whole Regulations

The Anglo-Norwegian Sea Fisheries Order 1961

S.I. 1961/342

The whole Order

The Whaling Industry (Ship) (Amendment) Regulations 1961

S.I. 1961/2336

The whole Regulations

The Foreign Sea-Fishery Officers Order 1973

S.I. 1973/1998

The whole Order

The Fishing Vessels (Temporary Financial Assistance) Scheme 1982

S.I. 1982/1686

The whole Scheme

The Sea Fishing (Enforcement of Community Licensing Measures) (North of Scotland Box) Order 1984

S.I. 1984/291 F32

The whole Order, in England and Wales

The Fish Farming (Financial Assistance) Scheme 1984

S.I. 1984/341 F33

The whole Scheme, in England and Wales

The British Fishing Boats Act 1983 (Guernsey) Order 1985

S.I. 1985/1203

The whole Order, in the Bailiwick of Guernsey

The Sea Fishing (Enforcement of Community Measures for Spanish and Portuguese Vessels) Order 1986

S.I. 1986/110 F34

The whole Order

The Importation of Salmonid Viscera Order 1986

S.I. 1986/2265

The whole Order

The Fish Farming (Financial Assistance) Scheme 1987

S.I. 1987/1134 F35

The whole Scheme, in England and Wales

The Fishing Vessels (Acquisition and Improvement grants) Scheme 1987

S.I. 1987/1135 F36

The whole Scheme

The Fishing Vessels (Financial Assistance) Scheme 1987

S.I. 1987/1136 F37

The whole Scheme

The Sandeels Licensing Order 1989

S.I. 1989/1066

The whole Order

The Fishing Vessels (Acquisition and Improvement) (Grants) (Amendment) Scheme 1990

S.I. 1990/685

The whole Scheme

The Sea Fishing (Specified Western Waters) (Restrictions on Landing) Order 1990

S.I. 1990/2052 F38

The whole Order

The Agricultural, Fishery and Aquaculture Products (Improvement Grant) Regulations 1991

S.I. 1991/777 F39

The whole Regulations, in England and Wales

The Sea Fishing (Specified Western Waters) (Restrictions on Landing) (Variation) Order 1991

S.I. 1991/2565

The whole Order

The Sea Fishing (Days in Port) Regulations 1992

S.I. 1992/130

The whole Regulations

The Sea Fishing (Days in Port) (Amendment) Regulations 1992

S.I. 1992/670

The whole Regulations

The Shellfish and Specified Fish (Third Country Imports) Order 1992

S.I. 1992/3301 F40

The whole Order, in England and Wales

The Fishing Boats (Marking and Documentation) (Enforcement) Order 1993

S.I. 1993/2015 F41

The whole Order, in England and Wales

The Fisheries and Aquaculture Structures (Grants) Regulations 1995

S.I. 1995/1576 F42

The whole Regulations

The Fishing Vessels (Decommissioning) Scheme 1997

S.I. 1997/1924 F43

The whole Scheme

The Fisheries and Aquaculture Structures (Grants) Amendment Regulations 1998

S.I. 1998/1365

The whole Regulations

The Sea Fishing (Enforcement of Community Control Measures) Order 2000

S.I. 2000/51 F44

The whole Order, in England and Wales

The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2000

S.I. 2000/181 F45

The whole Order, in England and Wales

The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) Order 2000

S.I. 2000/827 F46

The whole Order, in England and Wales

The Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Cod) (Irish Sea) (Wales) Order 2000

S.I. 2000/976 (W.46) F47

The whole Order, in England and Wales

The Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000

S.I. 2000/1075 (W.69) F48

The whole Order, in England and Wales

The Sea Fishing (Enforcement of Community Conservation Measures) Order 2000

S.I. 2000/1081 F49

The whole Order, in England and Wales

The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Wales) Order 2000

S.I. 2000/1096

(W.74) F50

The whole Order, in England and Wales

The Undersized Lobsters Order 2000

S.I. 2000/1503

The whole Order, in England and Wales and in the Bailiwick of Guernsey

The Sea Fishing (North-East Atlantic Control Measures) Order 2000

S.I. 2000/1843 F51

Part 2, and articles 1 to 3 and the Schedule in so far as they relate to Part 2, in England and Wales

The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures (Amendment) Order 2000

S.I. 2000/2008 F52

The whole Order, in England and Wales

The Sea Fishing (Enforcement of Community Conservation Measures) (Wales) Order 2000

S.I. 2000/2230

(W.148) F53

The whole Order, in England and Wales

The Fishing Vessels (Decommissioning) Scheme 2001

S.I. 2001/3390

The whole Scheme, in England and Wales

The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2000 Amendment Regulations 2001

S.I. 2001/3912 F54

The whole Regulations, in Northern Ireland

The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) Order 2002

S.I. 2002/426

The whole Order, in England and Wales

The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002

S.I. 2002/794

Schedule 1, paragraph 46, and article 5(1) in so far as it has effect in relation to that paragraph

The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002

S.I. 2002/794

Schedule 1, paragraph 47, and article 5(1) in so far as it has effect in relation to that paragraph, in England and Wales

The Sea Fishing (Enforcement of Community Control Measures) (Wales) (Amendment) Order 2003

S.I. 2003/559

(W.79)

The whole Order, in England and Wales

The Sea Fishing (Restriction on Days at Sea) (No. 2) Order 2003

S.I. 2003/1535 F55

The whole Order, in England and Wales

The Fishing Vessels (Decommissioning) Scheme 2003

S.I. 2003/2669 F56

The whole Scheme, in England and Wales

The Sea Fishing (Restriction on Days at Sea) (No. 2) (Amendment) Order 2004

S.I. 2004/38 F57

The whole Order, in England and Wales

The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2004

S.I. 2004/3226 F58

The whole Order, in England and Wales

The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Amendment (Revocation) (England) Regulations 2004

S.I. 2004/3227

The whole Regulations, in England and Wales

The Incidental Catches of Cetaceans in Fisheries (England) Order 2005

S.I. 2005/17 F59

The whole Order, in England and Wales

The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005

S.I. 2005/617

Paragraphs 179, 180, 183 to 185, 187 to 190, 212, 235 and 236 of the Schedule, and article 2 in so far as it has effect in relation to those paragraphs, in England and Wales; paragraph 180 and article 2 in so far as it has effect in relation to that paragraph, in Northern Ireland

The Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 2005

S.I. 2005/2624

The whole Order, in England and Wales

The Sea Fishing (Marking and Identification of Passive Fishing Gear and Beam Trawls) (England) Order 2006

S.I. 2006/1549

The whole Order, in England and Wales

The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2006

S.I. 2006/2798

(W.237) F60

The whole Order, in England and Wales

The Sea Fishing (Restriction on Days at Sea) Order 2007

S.I. 2007/927

The whole Order, in England and Wales

The Decommissioning of Fishing Vessels Scheme 2007

S.I. 2007/312

The whole Scheme, in England and Wales

The Sea Fishing (Prohibition on the Removal of Shark Fins) Order 2007

S.I. 2007/2554

The whole Order, in England and Wales

The Sea Fishing (Recovery Measures) Order 2008

S.I. 2008/2347 F61

The whole Order, in England and Wales

The Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 2009

S.I. 2009/1847

The whole Order, in England and Wales

The Sea Fishing (Landing and Weighing of Herring, Mackerel and Horse Mackerel) Order 2009

S.I. 2009/1850

The whole Order in England and Wales

The Marine and Coastal Access Act 2009 (Commencement No. 1, Consequential, Transitional and Savings Provisions) (England and Wales) Order 2010

S.I. 2010/630

In Part 1 of Schedule 1, paragraphs 5 and 6, and article 4(a) in so far as it has effect in relation to those paragraphs, in England and Wales

The Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011

S.I. 2011/603

In Part 1 of Schedule 2, paragraphs 6 and 11, and article 9(a) in so far as it has effect in relation to those paragraphs, in England and Wales;

Part 2 of Schedule 2, and article 9(b), in England and Wales.

(This note is not part of the Order)

This Order extends to England and Wales and, except for articles 3 and 4, to Northern Ireland. The revocation of the British Fishing Boats Act 1983 (Guernsey) Order 1985 (S.I. 1985/1203) and the Undersized Lobsters Order 2000 (S.I. 2000/1503) extend to the Bailiwick of Guernsey. The Order makes amendments to instruments relating to the enforcement of EU obligations and restrictions relating to sea fishing. It also revokes a number of instruments.

Following amendments made to section 30(1) of the Fisheries Act 1981 (c.29) (“the 1981 Act”) by section 293 of the Marine and Coastal Access Act 2009 (c.23), a breach of enforceable EU restrictions and obligations relating to sea fishing is an offence in England and Wales under section 30(1) of the 1981 Act. Accordingly, instruments which enforce EU restrictions and obligations relating to sea fishing are revoked by this Order for England and Wales (article 8 and the Schedule, which also revoke other obsolete instruments).

Article 2 designates the Marine Management Organisation, the Welsh Ministers and the Department of Agriculture and Rural Development in Northern Ireland as competent authorities for various purposes of Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (OJ No. L 343, 22.12.2009, p. 1), and of Commission Implementing Regulation (EU) No. 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No. 1224/2009 (OJ No. L 112, 30.4.2011, p. 1).

Article 3 confers powers as to the recovery of fines by courts imposing fines on persons convicted of an offence under section 30(1) of the 1981 Act or under an order made under section 30(2) of the 1981 Act.

Articles 4 to 6 amend the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 (S.I. 2005/1605), the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 (S.I. 2007/1842) and the Tope (Prohibition of Fishing) Order 2008 (S.I. 2008/691), updating references to relevant EU legislation.

Article 7 and the Schedule revoke 57 instruments in their entirety and 5 partially with (in some cases) specified limits of territorial extent.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.