The Sea Fishing (Miscellaneous Amendments) Regulations 2018
Citation, commencement, extent and interpretation1.
(1)
These Regulations may be cited as the Sea Fishing (Miscellaneous Amendments) Regulations 2018 and come into force on 18th June 2018.
(2)
Subject to paragraphs (3) and (4), they extend to England and Wales only.
(3)
The following regulations also extend to Scotland—
(a)
this regulation;
(b)
regulations 2 to 5, so far as they relate to article 9(6A)(e) and (12)(a) of the 2009 Order (as inserted by regulation 5); and
(c)
regulations 9 and 10, and regulation 8 so far as it relates to those regulations.
(4)
The following regulations also extend to Northern Ireland—
(a)
this regulation;
(b)
regulations 2 to 5, so far as they relate to article 9(6A)(e) and (12)(b) of the 2009 Order (as inserted by regulation 5); and
(c)
regulations 8 to 11.
(5)
Amendment of the 2009 Order2.
The 2009 Order is amended in accordance with regulations 3 to 7.
Amendment of article 23.
“Extent and application2.
(1)
Subject to paragraphs (2) and (3), this Order extends to England and Wales only, except for the following provisions which also extend to Scotland and Northern Ireland—
(a)
articles 1 to 3; and
(b)
article 9(6A)(e).
(2)
Article 9(12)(a) also extends to Scotland.
(3)
Article 9(12)(b) also extends to Northern Ireland.
(4)
Subject to paragraph (5), this Order applies—
(a)
in England and Wales and the Welsh zone;
(b)
in relation to English fishing boats and Welsh fishing boats, wherever they are; and
(c)
in relation to other fishing boats which are within the Exclusive Economic Zone8 but not in—(i)
the Scottish zone; or
(ii)
the Northern Ireland zone.
(5)
Article 9(6A)(e) applies to offences committed—
(a)
in England, in relation to English fishing boats;
(b)
in Wales, in relation to Welsh fishing boats;
(c)
in Scotland, in relation to Scottish fishing boats; and
(d)
in Northern Ireland, in relation to Northern Ireland fishing boats.”.
Amendment of article 34.
In article 3 (interpretation)—
(a)
““England” includes the area within the seaward limits of the territorial sea adjacent to England but does not include any area in the Welsh zone, the Scottish zone or the Northern Ireland zone;”;
(b)
““English fishing boat” means a fishing boat which is—
(a)
registered at a port in England, under section 8 of the Merchant Shipping Act 19959; or(b)
owned wholly by persons qualified to own British ships for the purposes of Part 2 of the Merchant Shipping Act 1995, other than a Welsh fishing boat, a Northern Ireland fishing boat or a Scottish fishing boat;”;
(c)
““Northern Ireland” has the meaning given in section 98(1) of the Northern Ireland Act 199810;“Northern Ireland fishing boat” means a fishing boat which is registered at a port in Northern Ireland, under section 8 of the Merchant Shipping Act 1995;
“Northern Ireland zone” has the meaning given in section 98(1) of the Northern Ireland Act 1998;”;
(d)
““Scotland” has the meaning given in section 126(1) of the Scotland Act 199811;“Scottish fishing boat” means a fishing boat which is registered at a port in Scotland, under section 8 of the Merchant Shipping Act 1995;
“Scottish zone” has the meaning given in section 126(1) of the Scotland Act 1998;”; and
(e)
““Welsh fishing boat” means a fishing boat which is registered at a port in Wales, under section 8 of the Merchant Shipping Act 1995;
“Welsh zone” has the meaning given in section 158(1) of the Government of Wales Act 200612
Amendment of article 95.
(1)
Article 9 (offences) is amended as follows.
(2)
“(4)
It is an offence for a person to engage in fishing for a stock in any area where, under the conservation and management measures (within the meaning of the Council Regulation) applicable in that area, such fishing is subject to a moratorium or is prohibited.”.
(3)
“(6A)
In relation to a non-cooperating third country listed on a list established under Article 33 of the Council Regulation, it is an offence for a person—
(a)
to import fishery products caught by a fishing vessel flying the flag of the third country unless the products are from stock or species to which the listing does not apply;
(b)
to purchase a fishing vessel flying the flag of the third country;
(c)
to reflag a fishing vessel flying the flag of a member State so that it flies the flag of the third country;
(d)
to enter into a charter agreement with the third country in relation to a fishing vessel flying its flag;
(e)
to export a Community fishing vessel to the third country;
(f)
to enter into an agreement for a fishing vessel flying the flag of a member State to use the fishing possibilities of the third country; or
(g)
to participate in joint fishing operations with a fishing vessel flying the flag of the third country.”.
(4)
Omission of article 116.
Omit article 11 (recovery of fines).
Amendment of article 217.
(1)
Article 21 (admissibility of documents in evidence) is amended as follows.
(2)
In paragraph (2)—
(a)
in sub-paragraph (a), for “kept under Article 6 or 17(2)” substitute “referred to in Article 14”;
(b)
in sub-paragraph (b), for “a declaration submitted under Article 8(1), 9, 12, 17(2) or 28f” substitute “a landing declaration referred to in Article 23”;
(c)
in sub-paragraph (c), for “submitted under Article 9” substitute “referred to in Articles 62 and 64”;
(d)
in sub-paragraph (d), for “document drawn up under Article 13” substitute “transport document referred to in Article 68”;
(e)
in sub-paragraph (e), for “Article 3(7)” substitute “Article 9(7)”; and
(f)
“(f)
a transhipment declaration referred to in Article 21 of the Control Regulation;
(g)
a take-over declaration referred to in Article 66 of the Control Regulation.”.
(3)
In paragraph (3), for “Article 3(1)” substitute “Article 9(1)”.
(4)
Amendment of the Sea Fishing (Points for Masters of Fishing Boats) Regulations 20148.
Amendment of regulation 19.
In regulation 1(2) (extent), after “8(5)” insert “, 8(6)”.
Amendment of regulation 810.
“(6)
If the allocation of points under this regulation triggers a suspension or disqualification under regulation 10 or under a corresponding Scottish enactment, the Marine Management Organisation must ensure that the start date of the suspension or disqualification is at least one calendar day after it is included in the register.”.
Amendment of regulation 1011.
(1)
Regulation 10 (suspension and disqualification) is amended as follows.
(2)
In paragraph (4)(b), for “if” substitute “if later, in a case where”.
(3)
“(5A)
If a master is already suspended from mastering a vessel when the master accumulates points triggering a further suspension period under this regulation, the further suspension period starts on the expiry of the existing suspension period.”.
These Regulations amend the Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009 (S.I. 2009/3391) (“the 2009 Order”) and the Sea Fishing (Points for Masters of Fishing Boats) Regulations 2014 (S.I. 2014/3345) (“the 2014 Regulations”). They implement provisions of Article 38 of Council Regulation (EC) No. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (OJ No. L 286, 29.10.2008, p. 1) and of Article 92(6) 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).
Regulation 3 substitutes new extent and application provisions for article 2 of the 2009 Order.
Regulation 4 amends article 3 of the 2009 Order in relation to various definitions.
Regulation 5 amends article 9 of the 2009 Order to clarify the provisions of Article 9(4) and to extend the offence provisions relating to non-cooperating third countries listed under Article 33 of Council Regulation (EC) No. 1005/2008, implementing Article 38 of that Regulation.
Regulation 6 revokes article 11 of the 2009 Order regarding recovery of fines.
Regulation 7 amends article 21 of the 2009 Order to update references to an EU instrument and to add transhipment declarations and takeover declarations to the list of documents admissible in evidence in any proceedings in respect of an offence under the 2009 Order.
Regulations 8 to 11 amend provisions in regulations 1, 8 and 10 of the 2014 Regulations relating to the start date of a suspension period or the disqualification of a master under those Regulations.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.