2018 No. 1095 (W. 228)
Sea Fisheries, Wales

The Sea Fishing (Miscellaneous Amendments) (Wales) Order 2018

Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers make the following Order in exercise of the powers conferred by sections 3(1), 5(1), 5(6), 6(1), 6(1A) and 15(3) of the Sea Fish (Conservation) Act 19671, which are now vested in them2, and section 2(2) of, and paragraph 1A of Schedule 23 to the European Communities Act 19724 (“the 1972 Act”).
The Welsh Ministers are designated for the purposes of section 2(2) of the 1972 Act in relation to the common agricultural policy of the European Union5.
This Order makes provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to 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 (Wales) Regulations 20066, the Tope (Prohibition of Fishing) (Wales) Order 20087 or the Shrimp Fishing Nets (Wales) Order 20088, to the following Regulations to be construed as a reference to those Regulations as amended from time to time—
  1. (a)
    Commission Regulation (EC) No. 517/2008 of 10 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No. 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets9, and
  2. (b)
    Council Regulation (EC) No. 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy10.

Title, application, interpretation and commencement1.

(1)

The title of this Order is the Sea Fishing (Miscellaneous Amendments) (Wales) Order 2018.

(2)

Save as provided in paragraph (3), this Order applies in relation to Wales and the Welsh zone.

(3)

Articles 3 and 4 of this Order apply in relation to Wales.

(4)

In this article, “Wales” (“Cymru”) and the “Welsh zone” (“parth Cymru”) have the meanings given by section 158(1) of the Government of Wales Act 200611.

(5)

This Order comes into force on 20 November 2018.

Amendments to the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites (Wales) Regulations 20062.

(1)

The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites (Wales) Regulations 200612 are amended as follows.

(2)

In regulation 1 (title, commencement and application), in paragraph (2), after “Wales” insert “and the Welsh zone”.

(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)

insert in the appropriate place in alphabetical order—

““the Control Regulation” (“y Rheoliad Rheolaeth”) means Council Regulation (EC) No. 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, as amended from time to time;”;

““Wales” (“Cymru”) has the same meaning as it has by virtue of section 158 of the Government of Wales Act 2006;”;

““Welsh zone” (“parth Cymru”) has the same meaning as it has by virtue of section 158 of the Government of Wales Act 2006.”;

(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”;

(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 “Articles 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”;

(b)

in paragraph (3), for “Article 9, Article 22 of the CFP Regulation” substitute “Chapter II of Title V”; and

(c)

in paragraph (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 “Articles 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 regulation 13 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1), after “Wales” insert “and the Welsh zone”.

(11)

For regulation 15 (powers of British sea-fishery officers to seize fish) substitute—

“15.

Any British sea-fishery officer may seize any fish (including any receptacle which contains the fish) in respect of which the officer has reasonable grounds to suspect that an offence under these Regulations or under any equivalent provision has been committed.”

(12)

In Schedule 1 (conditions applicable to registrations of fish sellers), in paragraph 2, for “Article 9” substitute “Articles 62 to 64”.

(13)

In Schedule 3 (conditions applicable to registrations of fish buyers), in paragraph 2, for “Article 22(2) of Council Regulation (EC) 2371/2002” substitute “Articles 62 to 64”.

Amendments to the Tope (Prohibition of Fishing) (Wales) Order 20083.

In the Tope (Prohibition of Fishing) (Wales) Order 200813, in article 1 (title, commencement and application), for paragraph (3) substitute—

“(3)

This Order only applies to British fishing boats which are either—

(a)

registered in the United Kingdom under Part 2 of the Merchant Shipping Act 199514; or

(b)

owned wholly by persons qualified to own British ships for the purposes of that Part of that Act.”

Amendments to the Shrimp Fishing Nets (Wales) Order 20084.

In the Shrimp Fishing Nets (Wales) Order 200815, in article 2 (interpretation), in paragraph (2), for the words “Commission Regulation (EC) No. 129/2003” to the end, substitute “Commission Regulation (EC) No. 517/2008 of 10 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No. 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets”.
Lesley Griffiths
Cabinet Secretary for Energy, Planning and Rural Affairs, one of the Welsh Ministers
EXPLANATORY NOTE
(This note is not part of the Order)

This Order amends the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites (Wales) Regulations 2006 (S.I. 2006/1495 (W. 145)) in order to correct errors and update references to the relevant EU legislation. It also amends the Tope (Prohibition of Fishing) (Wales) Order 2008 (S.I. 2008/1438 (W. 150)) and the Shrimp Fishing Nets (Wales) Order 2008 (S.I. 2008/1811 (W. 175)) in order to update references to the relevant EU legislation.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.