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 zone1) the Welsh Ministers make this Order in exercise of the powers conferred by section 30(2) of the Fisheries Act 19812, which are now vested in them3.

The Secretary of State and the Welsh Ministers are each designated for the purposes of section 2(2) of the European Communities Act 19724 (“the 1972 Act”) in relation to the common agricultural policy of the European Union5. 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 fauna6

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 20057, the Offshore Marine Conservation (Natural Habitats, &c) Regulations 20078, or the Tope (Prohibition of Fishing) Order 20089, 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 fishing10;

(b)

Council Regulation (EC) No. 1010/2009 laying down detailed rules for the implementation of Council Regulation (EC) No. 1005/200811;

(c)

Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy12;

(d)

Commission Implementing Regulation (EU) No. 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No. 1224/200913; and

(e)

Council Regulation (EU) No. 1380/2013 on the Common Fisheries Policy14.

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 215 to, the 1972 Act.