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The Sea Fisheries (Amendment) (England) Regulations 2023

S.I. 2023/1054 · Made 28 September 2023

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.

Sea Fisheries, England

Made 28th September 2023

Laid before Parliament 29th September 2023

Coming into force 24th October 2023

The Secretary of State, in exercise of the powers conferred by Article 15(2) of 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 measuresf1 and now vested in the Secretary of State, makes the following Regulations.

In accordance with Article 15(2) of that Regulation, the Secretary of State has obtained scientific evidence to support the measures contained in these Regulations.

In accordance with Article 15(2C) of that Regulation, the Secretary of State has consulted such bodies or persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by the measures contained in these Regulations and such other bodies or persons as the Secretary of State considers appropriate.

Annotations to the whole text

Footnotes

f1

EUR 2019/1241, amended by S.I. 2019/1312 and 2021/1429 and by paragraph 11 of Schedule 11 to the Fisheries Act 2020 (c. 22). S.I. 2019/1312 came into force on IP completion day by virtue of paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1) and was amended before it came into force by S.I. 2020/1542. The power previously contained in Article 15(2) is now vested in the Secretary of State; see Article 1 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy (EUR 2013/1380) for the definition of “a fisheries administration” and associated provisions regarding the interpretation of a power exercisable by a fisheries administration (for these purposes, the definition of “relevant retained direct EU legislation” is contained in Article 4(1) of that Regulation). Regulation (EU) No 1380/2013 was amended by paragraph 2 of Schedule 11 to the Fisheries Act 2020, S.I. 2019/739 and 2019/753. S.I. 2019/739 and 2019/753 came into force on IP completion day by virtue of paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 and were both amended before they came into force by S.I. 2020/1542.

Contents

  1. 1Citation, commencement and extent
  2. 2Regulation (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
  3. Signature
  4. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Sea Fisheries (Amendment) (England) Regulations 2023 and come into force on 24th October 2023.

(2)

These Regulations extend to England and Wales, Scotland and Northern Ireland.

2Regulation (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

(1)

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 is amended as follows.

(2)

In Article 6 (definitions)—

(a)

for the full stop at the end of point (51) substitute a semicolon, and

(b)

after point (51) insert—

“(52)

‘the English zone’ means United Kingdom watersf1 but excluding the Northern Ireland zone, the Scottish zone and the Welsh zone;

(53)

‘the Northern Ireland zone’ has the same meaning as in the Northern Ireland Act 1998f2;

(54)

‘the Scottish zone’ has the same meaning as in the Scotland Act 1998f3;

(55)

‘the Welsh zone’ has the same meaning as in the Government of Wales Act 2006f4.”.

(3)

In Part B of Annex 5 (mesh sizes), in the table following point 1, in the row beginning with “At least 40mm”, in the second column of that row after “Whole area” insert “excluding waters within the English zone”.

(4)

In Part B of Annex 6 (mesh sizes), in the table following point 1, in the row beginning with “At least 40mm”, in the second column of that row after “Whole area” insert “excluding waters within the English zone”.

Signature

Mark Spencer

Minister of State

Department for Environment, Food and Rural Affairs

28th September 2023

Explanatory note

(This note is not part of the Regulations)

These Regulations make minor amendments 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 (EUR 2019/1241).

Regulation 2 increases the mesh size requirement for vessels fishing for squid in “the English Zone” (which is defined in that regulation). The relevant provisions previously specified a minimum mesh size requirement of 40mm for directed fishing for squid in the North Sea and in North Western Waters but these Regulations increase that minimum mesh size to 80mm for directed fishing for squid using towed gear in the English zone.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.