Explanatory Note
(This note does not form part of the Order)
This Order makes provision for the enforcement within Wales and the territorial sea adjacent to Wales of certain enforceable Community restrictions and other obligations relating to sea fishing by both Community and third country vessels set out in Council Regulation (EC) No. 2742/1999 (OJ No. L341, 31.12.99, p.1) (“the Council Regulation”).
The Council Regulation fixes total allowable catches and Member States' quotas for 2000 and lays down certain conditions under which they may be fished.
It also authorises fishing by vessels of Norway and the Faroe Islands for specified descriptions of fish in certain specified areas within Member States' fishery limits in 2000 and imposes requirements concerning fishing quotas and authorised zones, methods of fishing, the holding of licences and observance of licence conditions, the keeping of log books, the making of reports and similar matters.
Article 3 of the Order creates offences in respect of breaches of the provisions of the Council Regulation referred to in column 1 (and briefly described in column 2) of Schedules 1 (for Community vessels) and 2 (for third country vessels) to the Order. Penalties are specified for such offences (article 4). The statutory maximum penalty specified in the Schedules is currently £5,000. Provision is made for the recovery of fines (article 5).
The Order confers powers of enforcement on British sea-fishery officers in relation to certain fishing boats within the territorial sea adjacent to Wales and on land in Wales in relation to the seizure of fish and fishing gear (articles 6, 7 and 8). Provision is made for the punishment of anyone found guilty of assaulting or obstructing an officer (article 10).
The Order revokes the Sea Fishing (Enforcement of Community Quota Measures) Order 1999 (S.I.1999/424) and the Third Country Fishing (Enforcement) Order 1999 (S.I. 1999/425) insofar as they apply to Wales.