2015 No. 191

Sea Fisheries, England And Wales

Sea Fisheries, Northern Ireland

The Sea Fishing (Enforcement and Miscellaneous Provisions) Order 2015

Made8th February 2015

Laid before Parliament12th February 2015

Laid before the National Assembly for Wales12th February 2015

Coming into force6th March 2015

The Secretary of State and (acting only in relation to Wales and the Welsh zone M1) the Welsh Ministers make this Order in exercise of the powers conferred by section 30(2) of the Fisheries Act 1981 M2, which are now vested in them M3.

The Secretary of State and the Welsh Ministers are each designated for the purposes of section 2(2) of the European Communities Act 1972 M4 (“the 1972 Act”) in relation to the common agricultural policy of the European Union M5. 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 M6

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 M7, the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 M8, or the Tope (Prohibition of Fishing) Order 2008 M9, to the following Regulations to be construed as a reference to those Regulations as amended from time to time:

(a)
Council Regulation (EC) No. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing M10;
(b)
Council Regulation (EC) No. 1010/2009 laying down detailed rules for the implementation of Council Regulation (EC) No. 1005/2008 M11;
(c)
Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy M12;
(d)
Commission Implementing Regulation (EU) No. 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No. 1224/2009 M13; and
(e)
Council Regulation (EU) No. 1380/2013 on the Common Fisheries Policy M14.

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 M15 to, the 1972 Act.

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 M16 and the Undersized Lobsters Order 2000 M17 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 M18.

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 F1... third country fishing boats in British Fishery Limits (other than in Scotland, the Scottish zone M19, Northern Ireland or the Northern Ireland zone), the Marine Management Organisation;

(b)

for the fisheries monitoring centre for Northern Ireland fishing boats and for F2... third country fishing boats in Northern Ireland or the Northern Ireland zone, the Department of Agriculture and Rural Development.

F3(2)

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

(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—

(a)

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

(b)

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

(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 F4... M20; 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 M21 (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 M22 or section 222 of the Criminal Procedure (Scotland) Act 1995 M23 (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 M24 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 ”.M25

(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) 2847/1993 M26” 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) 2371/2002 M27” substitute “ Articles 62 to 64 ”.

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

In the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 M28, 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 M29, as amended from time to time ”.

Amendment of the Tope (Prohibition of Fishing) Order 20086.

In the Tope (Prohibition of Fishing) Order 2008 M30, 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

Instruments revoked	References	Extent of revocation
The Whaling Industry (Ship) Regulations 1955	S.I. 1955/1973 M31	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 M32	The whole Order, in England and Wales
The Fish Farming (Financial Assistance) Scheme 1984	S.I. 1984/341 M33	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 M34	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 M35	The whole Scheme, in England and Wales
The Fishing Vessels (Acquisition and Improvement grants) Scheme 1987	S.I. 1987/1135 M36	The whole Scheme
The Fishing Vessels (Financial Assistance) Scheme 1987	S.I. 1987/1136 M37	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 M38	The whole Order
The Agricultural, Fishery and Aquaculture Products (Improvement Grant) Regulations 1991	S.I. 1991/777 M39	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 M40	The whole Order, in England and Wales
The Fishing Boats (Marking and Documentation) (Enforcement) Order 1993	S.I. 1993/2015 M41	The whole Order, in England and Wales
The Fisheries and Aquaculture Structures (Grants) Regulations 1995	S.I. 1995/1576 M42	The whole Regulations
The Fishing Vessels (Decommissioning) Scheme 1997	S.I. 1997/1924 M43	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 M44	The whole Order, in England and Wales
The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2000	S.I. 2000/181 M45	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 M46	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) M47	The whole Order, in England and Wales
The Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000	S.I. 2000/1075 (W.69) M48	The whole Order, in England and Wales
The Sea Fishing (Enforcement of Community Conservation Measures) Order 2000	S.I. 2000/1081 M49	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) M50	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 M51	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 M52	The whole Order, in England and Wales
The Sea Fishing (Enforcement of Community Conservation Measures) (Wales) Order 2000	S.I. 2000/2230 (W.148) M53	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 M54	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 M55	The whole Order, in England and Wales
The Fishing Vessels (Decommissioning) Scheme 2003	S.I. 2003/2669 M56	The whole Scheme, in England and Wales
The Sea Fishing (Restriction on Days at Sea) (No. 2) (Amendment) Order 2004	S.I. 2004/38 M57	The whole Order, in England and Wales
The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2004	S.I. 2004/3226 M58	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 M59	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) M60	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 M61	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.