2019 No. 1332 (W. 230)

Sea Fisheries, WalesConservation Of Sea Fish

The Sea Fishing (Miscellaneous Amendments) (Wales) Regulations 2019

Made

Laid before the National Assembly for Wales

Coming into force

The Welsh Ministers make these Regulations in exercise of the powers conferred by sections 1(1) and (3), and 5(1) of the Sea Fish (Conservation) Act 19671,

and now vested in them2, and paragraph 1A of Schedule 2 to the European Communities Act 1972 (“the 1972 Act”)3.

The Welsh Ministers are designated for the purposes of the 1972 Act in relation to the common agricultural policy4.

These Regulations make 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 the reference to an EU instrument in regulation 3 to be construed as a reference to that instrument as amended from time to time.

Title and commencement1

1

The title of these Regulations is the Sea Fishing (Miscellaneous Amendments) (Wales) Regulations 2019.

2

These Regulations come into force on 1 November 2019.

The Prohibition of Fishing with Multiple Trawls (Wales) Order 20032

In the Prohibition of Fishing with Multiple Trawls (Wales) Order 20035, in article 2, for the definition of “the Council Regulation” substitute—

  • “the Council Regulation (“Rheoliad y Cyngor”) means Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures;

Scallop Fishing (Wales) (No. 2) Order 20103

In the Scallop Fishing (Wales) (No. 2) Order 20106, for article 11(2) substitute—

2

For the purposes of paragraph (1), the size of a scallop is to be measured in accordance with paragraph 6 of Annex 4 to Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures as amended from time to time.

Whelk Fishing (Wales) Order 20194

In the Whelk Fishing (Wales) Order 20197, for article 6 substitute—

6

For the purposes of articles 3, 4 and 5, the size of a whelk is to be measured in accordance with paragraph 6 of Annex 6 to Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures.

Lesley GriffithsMinister for Environment, Energy and Rural Affairs, one of the Welsh Ministers
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make miscellaneous amendments to secondary legislation in the field of sea fisheries that relates to Wales and the Welsh zone.

The amendments replace references to Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms with references to Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, which has repealed and replaced Council Regulation (EC) 850/98.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. 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 these Regulations.