Explanatory note

These Regulations make provision for the enforcement throughout the United Kingdom of Article 13(1) of Council Regulation (EEC) No. 3882/91 fixing for certain fish stocks and groups of fish stocks, the total allowable catches for 1992 and certain conditions under which they may be fished (OJ No. L367, 31.12.91, p.1).

These Regulations apply to fishing vessels registered in the United Kingdom whose overall length exceeds 10 metres and whose landings of cod and haddock from Areas IV (North Sea) and VI (West of Scotland) during the period 1st January 1989 to 30th June 1990 exceeded 100 tonnes and 40% by weight of their total landings. They also apply to vessels that replace such vessels (regulation 3 and Schedule 1).

Vessels are required to stay in port for one or more periods totalling 135 days during the period from 1st February 1992 to 31st December 1992. No period shall count for the purposes of these Regulations unless it consists of at least one day, and it is notified in accordance with regulation 5 (regulation 4(3)). Notice must be given at least 9 hours in advance of the commencement of a period in port by the master, owner or charterer of the vessel or by a person authorised by him or them (regulation 5(1)). The notice must bein writing in the form set out in Part I of Schedule 3 (regulation 5(2)). Notice of any variation must be in the form set out in Part II of Schedule 3 (regulation 5(5)). Where the period is to be spent in a non-UK port certain particulars must be furnished to a British sea-fishery officer (regulation 4(5) and Schedule 2). After the commencement of a notified period a vessel must remain in port until expiry of that period or of a revised notified period (regulation 4(4)). Offences and associated penalties are created by regulations 6 and 7 respectively and regulation 9 confers powers of enforcement on British sea-fishery officers.