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The Fisheries (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

S.I. 2019/209 · Made 24 January 2019

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Exiting The European Union, Northern Ireland

Agriculture, Northern Ireland

Fisheries, Northern Ireland

Sea Fisheries, Northern Ireland

Sift requirements satisfied 8th January 2019

Made 24th January 2019

Laid before Parliament 11th February 2019

Coming into force in accordance with regulation 1(1)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018f1.

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Annotations to the whole text

Footnotes

f1

2018 c.16.

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement and extent
  3. Part 2: Amendment of subordinate legislation
  4. 2The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations (Northern Ireland) 2005
  5. 3The Sea Fishing (Enforcement of Community Measures) (Penalty Notices) Order (Northern Ireland) 2008
  6. 4Salmon Netting Regulations (Northern Ireland) 2014
  7. 5Salmon Drift Net Regulations (Northern Ireland) 2014
  8. 6The European Maritime and Fisheries Fund (Financial Assistance) Regulations (Northern Ireland) 2015
  9. 7The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order (Northern Ireland) 2018
  10. Signature
  11. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as The Fisheries (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 and come into force on exit day.

(2)

These Regulations extend to Northern Ireland only.

2The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations (Northern Ireland) 2005

In regulation 2(1) of The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations (Northern Ireland) 2005f1, in the definition of “licensed fishing vessel” for “by another Member State” substitute “by a member State”.

3The Sea Fishing (Enforcement of Community Measures) (Penalty Notices) Order (Northern Ireland) 2008

(1)

The Sea Fishing (Enforcement of Community Measures) (Penalty Notices) Order (Northern Ireland) 2008f1 is amended as follows.

(2)

In the title and Article 1, omit “Community”.

(3)

In Article 2(2), in the definition of “penalty offence”—

(a)

in paragraph (c), for “enforceable Community restrictions” substitute “retained EU restrictions and retained EU obligations”;

(b)

in paragraph (d), for “enforceable Community restriction or other” substitute “retained EU restriction or retained EU”.

4Salmon Netting Regulations (Northern Ireland) 2014

In regulation 9(1)(a) of the Salmon Netting Regulations (Northern Ireland) 2014f1, for “the Habitats Directive” substitute “the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995f2”.

5Salmon Drift Net Regulations (Northern Ireland) 2014

In regulation 4(1)(a) of the Salmon Drift Net Regulations (Northern Ireland) 2014f1, for “the Habitats Directive” substitute “the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995”.

6The European Maritime and Fisheries Fund (Financial Assistance) Regulations (Northern Ireland) 2015

In regulation 13 of the European Maritime and Fisheries Fund (Financial Assistance) Regulations (Northern Ireland) 2015f1, for paragraph (2) substitute–

“(2)

The officer may be accompanied by such other person that the officer considers necessary for the purposes of these Regulations or the EMFF Regulation.”

7The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order (Northern Ireland) 2018

(1)

The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order (Northern Ireland) 2018f1 is amended as follows.

(2)

In Article 2(2), in the definition of “third country fishing vessel” for “Union” substitute “United Kingdom”.

(3)

In Article 8–

(a)

in paragraph (5)(b), for “EU” substitute “United Kingdom”;

(b)

in paragraph (6), for “EU” substitute “United Kingdom”;

(c)

in paragraph (7)–

(i)

in sub-paragraph (c), for “fishing vessel flying the flag of a member State” substitute “United Kingdom fishing vessel”;

(ii)

in sub-paragraph (d), omit “in relation to” to the end;

(iii)

in sub-paragraph (e), for “fishing vessel flying the flag of a member State” substitute “United Kingdom fishing vessel”.

Signature

George Eustice

Minister of State

Department for Environment, Food and Rural Affairs

24th January 2019

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained law to operate effectively and other deficiencies (in particular under paragraphs (a), (c), (d) and (g) of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of fisheries.