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

Interpretation

2.—(1) In this Order –

• “fish” (“pysgod”) includes crustacea, molluscs and parts of fish;

• “fisheries products” (“cynhyrchion pysgodfeydd”) includes fish;

• “fishing boat” (“cwch pysgota”) includes a receiving vessel and a third country vessel, in each case within the meaning of Regulation 2847/93;

• “local fisheries committee” (“pwyllgor pysgodfeydd lleol”) means a local fisheries committee constituted by an order made, or having effect as if made, under section 1 of the Sea Fisheries Regulation Act 1966(1);

• “Regulation 2847/93” (“Rheoliad 2847/93”) means Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the common fisheries policy(2);

• “Regulation 894/97” (“Rheoliad 894/97”) means Council Regulation (EC) No. 894/97 laying down certain technical measures for the conservation of fishery resources(3);

• “Regulation 850/98” (“Rheoliad 850/98”) means Council Regulation (EC) No. 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms(4) as corrected by a Corrigendum to its Annex XII(5) and amended by Council Regulation (EC) No. 308/1999(6), Council Regulation (EC) No. 1459/99(7) and Council Regulation (EC) No. 2723/1999(8);

• “Regulation 2742/99” (“Rheoliad 2742/99”) means Council Regulation (EC) No. 2742/99(9) fixing for 2000 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required and amending Regulation (EC) No. 66/98, as corrected by a Corrigendum(10);

• “relevant offence” (“tramgwydd perthnasol” ) means an offence under:

  (a)

  article 3 of this Order, or

  (b)

  any provision in any other order extending to any part of the United Kingdom made for the purposes of implementing a specified Community measure, being a provision in respect of which, by virtue of section 30(2A) of the Fisheries Act 1981(11), proceedings may be taken in any place in the United Kingdom;

• “the sea adjacent to Wales” (“y môr cyfagos at Gymru”) means the sea adjacent to Wales out as far as the seaward boundary of the territorial sea and shall be interpreted in accordance with article 6 and Schedule 3 of the National Assembly for Wales (Transfer of Functions) Order 1999(12); and

• “specified Community measure” (“mesur Cymunedol penodedig”) means a provision which is specified in column 1 of the Schedule, read, in each case, with any qualifying words relating to that provision in that column.

(2) In this Order, any reference to a document, logbook or declaration includes, in addition to a document, logbook or declaration in writing —

(i) any map, plan, graph or drawing;

(ii) any photograph;

(iii) any data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93;

(iv) any disk, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and

(v) any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.

(3) For the purposes of this Order, the district of a local fisheries committee shall be deemed to extend throughout the area of any council in Wales liable to pay, or contribute to the payment of, the expenses of the committee, except that none of the powers conferred by this Order on any fishery officer of a local fisheries committee shall be exercisable in respect of any matter arising within the limits of any market under the control of any county council or county borough council.

(4) Any reference in this Order –

(a) to “the Schedule” is a reference to the Schedule to this Order; and

(b) to a Community instrument is a reference to that instrument as it is in force on the date this Order is made.

(5) Column 2 of the Schedule (which provides in relation to each specified Community measure an indication of the subject matter of the provision) shall not be read as limiting the scope of any specified Community measure and shall be disregarded in relation to any question arising as to the construction of this Order.

(1)

1966 c. 38. Section 1 was repealed in part by the Local Government Act 1972 (c. 70), section 272(1) and Schedule 30; and substituted in part, as regards Wales, by the Local Government (Wales) Act 1994 (c. 19), section 66(6) and Schedule 16, paragraph 26(1).

(2)

OJ No. L261, 20.10.93, p. 1, as last amended by Council Regulation (EC) No. 2846/98 (OJ No. L358, 31.12.98, p.5).

(3)

OJ No. L132, 23.5.97, p.1, as amended by Council Regulation (EC) No. 1239/98 (OJ No. L171, 17.6.98, p.1). With the exception of Articles 11, 18, 19 and 20, Regulation 894/97 is repealed by Article 49 of Regulation 850/98 as from 1 January 2000.

(4)

OJ No. L125, 27.4.98, p.1.

(5)

OJ No. L318, 27.11.98, p.63.

(6)

OJ No. L038, 12.2.99, p.6.

(7)

OJ No. L168, 3.7.99, p.1.

(8)

OJ No. L328, 22.12.99, p.9.

(9)

OJ No. L341, 31.12.99, p.1.

(10)

OJ No. L31, 5.2.2000, p.89.

(11)

Section 30(2A) was inserted by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999.

(12)

S.I. 1999/672.