Explanatory note

This Order, which replaces the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986 as amended, makes provision for the enforcement of certain of the enforceable Community restrictions and obligations concerning technical measures for the conservation of fishery resources which are contained in Council Regulation (EC) No. 894/97 (OJ No. L132, 23.5.97, p. 1) (“the Council Regulation”).

Article 3 of the Order creates offences in respect of breaches of the provisions of the Council Regulation referred to in column 1 (and briefly described in column 2) of Schedule 1 to the Order and in respect of breaches of the provisions referred to in subsection (2) of that article. Penalties, which may include the forfeiture of fish, nets and other fishing gear, are specified for such offences (article 4). The statutory maximum penalty specified in the Order is currently £5,000.

The Order confers powers of enforcement on British sea-fishery officers in relation to fishing boats and on land and in relation to the seizure of fish and fishing gear (articles 6, 7 and 8) as well as on other officers in relation to undersized fish and nets and fishing gear (article 9). Provision is made for the punishment of anyone found guilty of obstructing or assaulting an officer (article 11).

The provisions of the Order do not extend to the territorial sea adjacent to the Bailiwick of Jersey (article 15).

The Sea Fishing (Enforcement of Community Conservation Measures) Order 1986 (S.I. 1986/2090), the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No 2) Order 1992 (S.I. 1992/1084) and the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No 6) Order 1994 (S.I. 1994/1680) are revoked (article 16).