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The Sea Fishing (Enforcement and Miscellaneous Provisions) Order 2015

S.I. 2015/191 · Made 8 February 2015 · Extends to England, Wales and Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Sea Fisheries, England And Wales

Sea Fisheries, Northern Ireland

Made 8th February 2015

Laid before Parliament 12th February 2015

Laid before the National Assembly for Wales 12th February 2015

Coming into force 6th March 2015

The Secretary of State and (acting only in relation to Wales and the Welsh zone M1) the Welsh Ministers make this Order in exercise of the powers conferred by section 30(2) of the Fisheries Act 1981 M2, which are now vested in them M3.

The Secretary of State and the Welsh Ministers are each designated for the purposes of section 2(2) of the European Communities Act 1972 M4 (“the 1972 Act”) in relation to the common agricultural policy of the European Union M5. The Secretary of State is designated for the purposes of section 2(2) of the 1972 Act in relation to the environment and the Welsh Ministers are designated for those purposes in relation to the conservation of natural habitats and of wild fauna M6

This Order makes provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State and the Welsh Ministers that it is expedient for any reference in this Order, the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 M7, the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 M8, or the Tope (Prohibition of Fishing) Order 2008 M9, to the following Regulations to be construed as a reference to those Regulations as amended from time to time:

  1. (a)

    Council Regulation (EC) No. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing M10;

  2. (b)

    Council Regulation (EC) No. 1010/2009 laying down detailed rules for the implementation of Council Regulation (EC) No. 1005/2008 M11;

  3. (c)

    Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy M12;

  4. (d)

    Commission Implementing Regulation (EU) No. 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No. 1224/2009 M13; and

  5. (e)

    Council Regulation (EU) No. 1380/2013 on the Common Fisheries Policy M14.

The Secretary of State and (acting only in relation to Wales) the Welsh Ministers make this Order (to the extent that it does not apply in relation to enforceable Community restrictions or obligations relating to sea fishing) in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 M15 to, the 1972 Act.

Annotations to the whole text

Marginal citations

M1

The Welsh zone is defined in section 158(1) of the Government of Wales Act 2006 (c.32), as amended by section 43(1) and (2) of the Marine and Coastal Access Act 2009 (c.23). The boundaries of the Welsh zone were specified in S.I. 2010/760. Article 5(3)(a) of S.I. 2010/2690 provides that the designation of the Welsh Ministers applies in relation to Wales and the Welsh zone.

M2

1981 c.29. See section 30(3) for the definition of “the Ministers”.

M3

Section 30(2) provides for the Ministers to make provision for the enforcement of enforceable Community restrictions and obligations relating to sea fishing. The function of the Ministers under section 30(2) of the Fisheries Act 1981 (“the 1981 Act”) in relation to Wales was transferred to the National Assembly for Wales and then transferred from that body to the Welsh Ministers: see article 2(a) of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and paragraph 30 of Schedule 11 to the Government of Wales Act 2006. In so far as that function was exercisable in relation to the Welsh zone, it has been transferred to the Welsh Ministers by article 4(1)(e) of the Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760). The function under section 30(2) exercisable in relation to the Northern Ireland zone and Northern Ireland fishing boats outside that zone remains exercisable by the Ministers despite being transferred to the Department of Agriculture and Rural Development in Northern Ireland under article 3(2) of, and paragraph 3(1) of Schedule 2 to, the Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790): see paragraph 3(2) of Schedule 2 to that Order. Any remaining functions of the Secretaries of State concerned with sea fishing in Scotland and Wales under section 30(2) of the 1981 Act were transferred to the Minister of Agriculture, Fisheries and Food: see article 2(1) of, and the Schedule to, the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812). The function of that Minister and the Secretary of State concerned with sea fishing in Northern Ireland acting jointly under section 30(2) was transferred to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with sea fishing in Northern Ireland acting jointly: see article 2(5) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794). The function of the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with sea fishing in Northern Ireland was transferred to the Secretary of State by article 3(1)(d) of the Transfer of Functions (Sea Fisheries) Order 2012 (S.I. 2012/2747).

M4

1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

M5

The Secretary of State is designated in relation to the common agricultural policy by S.I. 1972/1811. The Welsh Ministers are designated in relation to the common agricultural policy by S.I. 2010/2690. The function of the former Minister of Agriculture of making regulations under section 2(2) was transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order (S.I. 2002/794).

M6

The Secretary of State is designated in relation to the environment by S.I. 2008/301. The Welsh Ministers are designated in relation to the conservation of natural habitats and of wild fauna by S.I. 2002/248, amended by S.I. 2006/3329 and 2011/1043. The designation is subject to the exceptions set out in Schedule 2 to that Order. That Order continues to have effect, and the functions conferred on the National Assembly for Wales by means of that Order are now exercisable by the Welsh Ministers, by virtue of paragraphs 28(1) and 30 of Schedule 11 to, the Government of Wales Act 2006.

M7

S.I. 2005/1605, amended by S.I. 2009/1309.

M8

S.I. 2007/1842, to which there are amendments not relevant to these Regulations.

M9

S.I. 2008/691.

M10

OJ No. L 286, 29.10.2008, p. 1, as last amended by Commission Regulation (EU) No. 202/2011 (OJ No. L 57, 2.3.2011, p. 10).

M11

OJ No. L280, 27.10.2009, p.5, as last amended by Commission Implementing Regulation (EU) N.865/2013 (OJ No. L 241, 10.9.2013, p.1).

M12

OJ. No L343, 22.12.2009, p.1, as last amended Regulation (EU) No. 508/20144 (OJ) N. L 149, 20.5.2014, p.1).

M13

OJ No. L 112, 30.4.2011, p. 1, as corrected by a corrigendum (OJ No. L 328, 10.12.2011, p. 58).

M14

OJ No. L 354, 28.12.2013, p. 22, as amended by Council Regulation (EU) No. 1385/2013 (OJ No. L 354, 28.12.2013, p. 86).

M15

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and by S.I. 2007/1388.

Contents

  1. 1Citation, commencement and extent
  2. 2Competent authorities
  3. 3Recovery of fines
  4. 4Amendment of the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005
  5. 5Amendment of the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007
  6. 6Amendment of the Tope (Prohibition of Fishing) Order 2008
  7. 7Revocations
  8. Signature
  9. Schedule Revocations
  10. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Sea Fishing (Enforcement and Miscellaneous Provisions) Order 2015 and comes into force on 6th March 2015.

(2)

Subject to paragraph (3) and, as regards the Schedule, to any contrary provision in the third column, it extends to England and Wales and, except for articles 3 and 4, to Northern Ireland.

(3)

The revocations of the British Fishing Boats Act 1983 (Guernsey) Order 1985 M1 and the Undersized Lobsters Order 2000 M2 in the Schedule, and article 7 in so far as it applies to those revocations, extend to the Bailiwick of Guernsey.

(4)

In the Schedule—

(a)

revocations which extend to Wales have effect, for the purposes of the application of the instruments revoked which apply to Wales and the Welsh zone, to Wales and the Welsh zone;

(b)

revocations which extend to Northern Ireland have effect, for the purposes of the application of the instruments revoked which apply to Northern Ireland and the Northern Ireland zone, to Northern Ireland and the Northern Ireland zone M3.

2Competent authorities

(1)

The competent authorities responsible for fisheries monitoring centres for the purposes of Article 9(8) of the Control Regulation are—

(a)

for the fisheries monitoring centre for English and Welsh fishing boats and for F1... third country fishing boats in British Fishery Limits (other than in Scotland, the Scottish zone M1, Northern Ireland or the Northern Ireland zone), the Marine Management Organisation;

(b)

for the fisheries monitoring centre for Northern Ireland fishing boats and for F2... third country fishing boats in Northern Ireland or the Northern Ireland zone, the Department of Agriculture and Rural Development.

F3(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

The competent national authority for the purposes of Article 125 of the Commission Implementing Regulation is—

(a)

in relation to vessels registered at a port in England, the Marine Management Organisation;

(b)

in relation to vessels registered at a port in Wales, the Welsh Ministers;

(c)

in relation to vessels registered at a port in Northern Ireland, the Department of Agriculture and Rural Development.

(4)

In this article—

  • “the Commission Implementing Regulation” means Commission Regulation (EU) No. 404/2011 laying down detailed rules for the implementation of the Control Regulation, as amended from time to time;

  • “the Control Regulation” means Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, as amended from time to time;

  • “fishing boat” means a vessel equipped for the commercial exploitation of living aquatic resources, including sea fish, and—

    1. (a)

      an “English fishing boat” is a fishing boat registered at a port in England;

    2. (b)

      a “Northern Ireland fishing boat” is a fishing boat registered at a port in Northern Ireland;

    3. (c)

      a “Welsh fishing boat” is a fishing boat registered at a port in Wales.

3Recovery of fines N.I.

(1)

This article applies where a court in England or Wales imposes a fine on a person convicted of an offence under—

(a)

section 30(1) of the Fisheries Act 1981 F1... M1; or

(b)

an order extending to any part of the United Kingdom which is to any extent made under section 30(2) of that Act.

(2)

The court may, for the purposes of recovering the fine—

(a)

issue a warrant of distress against the fishing boat involved in the commission of the offence, its gear or catch or any property of the person convicted;

(b)

order that the fishing boat, its gear or catch be detained until the earliest of—

(i)

the expiry of a period not exceeding three months from the date of the conviction;

(ii)

payment of the fine;

(iii)

the recovery of the amount of the fine in pursuance of any such warrant.

(3)

Sections 77(1) and 78 of the Magistrates' Courts Act 1980 M2 (postponement of issue of, and defects in, warrants of distress) apply to a warrant of distress issued under this article as they apply to a warrant of distress issued under Part 3 of that Act.

(4)

Where, in relation to a fine in respect of an offence referred to in paragraph (1), an order under article 95 of the Magistrates' Courts (Northern Ireland) Order 1981 M3 or section 222 of the Criminal Procedure (Scotland) Act 1995 M4 (which deal with the transfer of fines from one jurisdiction to another) specifies a local justice area in England or Wales, this article applies as if the fine were imposed by a court within that area.

(5)

In this article, “fine” includes any pecuniary penalty, pecuniary forfeiture or pecuniary compensation payable under a conviction.

4Amendment of the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 N.I.

(1)

The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 M1 are amended as follows.

(2)

In regulation 1 (citation, commencement and extent)—

(a)

in paragraph (3)(b) and (c)(iv), after “Wales” insert “ or the Welsh zone ”; and

(b)

for paragraph (4) substitute—

“(4)

In paragraph (3)(b) and (c)(iv), “Wales” and the “Welsh zone” have the same meanings as in section 158(1) of the Government of Wales Act 2006 M2”.

(3)

In regulation 2 (interpretation)—

(a)

in paragraph (1)—

(i)

omit the definition of “Article 9”;

(ii)

omit the definition of “the CFP Regulation”;

(iii)

after the definition of “British fishing boat” insert—

““the Control Regulation” means Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, as amended from time to time”;

(iv)

in the definition of “equivalent provisions”, for “Article 9, or Article 22 of the CFP Regulation” substitute “ Chapter II of Title V ”; and

(v)

in the definition of “fish”, for “Article 9 or Article 22 of the CFP Regulation” substitute “ the Control Regulation ”; and

(b)

for paragraph (3) substitute—

“(3)

Terms used in these Regulations which are not defined in paragraph (1) or (2) and which appear in the Control Regulation have the same meaning in these Regulations as they have for the purposes of the Control Regulation.

(4)

In these Regulations, a reference to an Article means an Article of the Control Regulation, and a reference to Chapter II of Title V means Chapter II of Title V of the Control Regulation”.

(4)

In regulation 3 (registration of fish sellers)—

(a)

in paragraph (1), for “Article 9” substitute “ Chapter II of Title V (control of marketing: post-landing activities) ”;

(b)

in paragraph (4), for “Article 9, Article 22 of the CFP Regulation” substitute “Articles 59, 62, 63, 64, 66 and 67”; and

(c)

in paragraph (8)(b), for “Article 9, Article 22 of the CFP Regulation” substitute “ Article 59, 62, 63, 64, 66 or 67 ”.

(5)

In regulation 5 (maintenance of records by registered fish seller), in paragraph (3), for “until the end of the second calendar year following that sale” substitute “ for 3 years ”.

(6)

In regulation 6 (designation of fish auction sites)—

(a)

in paragraph (1), for “Article 9 and Article 22 of the CFP Regulation” substitute “ Chapter II of Title V ”; and

(b)

in paragraphs (3) and (7)(b), for “Article 9, Article 22 of the CFP Regulation” substitute “ Chapter II of Title V ”.

(7)

In regulation 7 (registration of fish buyers)—

(a)

in paragraph (1), for “Article 22(2)(b) of the CFP Regulation” substitute “ Article 59 ”;

(b)

in paragraph (3), for “Article 9, Article 22 of the CFP Regulation” substitute “ Articles 62, 63, 64, 66 and 67 ”; and

(c)

in paragraph (7)(b), for “Article 9, Article 22 of the CFP Regulation” substitute “ Article 62, 63, 64, 66 or 67 ”.

(8)

For regulation 8 (purchase of fish by an unregistered buyer), substitute—

“(8)

Any person who buys fish contrary to Article 59(2) is guilty of an offence, unless the exemption in Article 59(3) applies”.

(9)

In regulation 9 (maintenance of records by registered fish buyer), in paragraph (3), for “until the end of the second calendar year following that purchase” substitute “ , for 3 years ”.

(10)

In Schedule 1 (conditions applicable to registrations of fish sellers), in paragraph 2, for “Article 9 of Council Regulation (EEC) 2847/1993 M3” substitute “ Articles 62 to 64 ”.

(11)

In Schedule 3 (conditions applicable to registrations of fish buyers), in paragraph 2, for “Article 22(2) of Council Regulation (EC) 2371/2002 M4” substitute “ Articles 62 to 64 ”.

5Amendment of the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007

In the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 M1, in regulations 32(14)(b)(ii) (offences relating to European offshore marine sites), 34(6)(b)(ii) (protection of wild birds, their eggs and nests) and 39(11)(b)(ii) (protection of wild animals listed in Annex IV(a) to the Habitats Directive), for “Council Regulation (EC) No. 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy” substitute “ Council Regulation (EU) No. 1380/2013 on the Common Fisheries Policy M2, as amended from time to time ”.

6Amendment of the Tope (Prohibition of Fishing) Order 2008

In the Tope (Prohibition of Fishing) Order 2008 M1, in article 2 (application), for paragraph (2) substitute—

“(2)

This Order does not apply to fishing vessels, as defined in Article 4 of Council Regulation (EU) No. 1380/2013 on the Common Fisheries Policy, which are registered in another member State or in a third country”.

7Revocations

The instruments specified in the Schedule are revoked to the extent (including, in certain cases, geographical extent) specified there.

Signature

George Eustice

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Carl Sargeant

Minister for Natural Resources, one of the Welsh Ministers

Revocations

Instruments revokedReferencesExtent of revocation
The Whaling Industry (Ship) Regulations 1955S.I. 1955/1973 M1The whole Regulations
The Whaling Industry (Ship) (Amendment) Regulations 1958S.I. 1958/2042The whole Regulations
The Whaling Industry (Ship) (Amendment) Regulations 1959S.I. 1959/2054The whole Regulations
The Whaling Industry (Ship) (Amendment) Regulations 1960S.I. 1960/547The whole Regulations
The Anglo-Norwegian Sea Fisheries Order 1961S.I. 1961/342The whole Order
The Whaling Industry (Ship) (Amendment) Regulations 1961S.I. 1961/2336The whole Regulations
The Foreign Sea-Fishery Officers Order 1973S.I. 1973/1998The whole Order
The Fishing Vessels (Temporary Financial Assistance) Scheme 1982S.I. 1982/1686The whole Scheme
The Sea Fishing (Enforcement of Community Licensing Measures) (North of Scotland Box) Order 1984S.I. 1984/291 M2The whole Order, in England and Wales
The Fish Farming (Financial Assistance) Scheme 1984S.I. 1984/341 M3The whole Scheme, in England and Wales
The British Fishing Boats Act 1983 (Guernsey) Order 1985S.I. 1985/1203The whole Order, in the Bailiwick of Guernsey
The Sea Fishing (Enforcement of Community Measures for Spanish and Portuguese Vessels) Order 1986S.I. 1986/110 M4The whole Order
The Importation of Salmonid Viscera Order 1986S.I. 1986/2265The whole Order
The Fish Farming (Financial Assistance) Scheme 1987S.I. 1987/1134 M5The whole Scheme, in England and Wales
The Fishing Vessels (Acquisition and Improvement grants) Scheme 1987S.I. 1987/1135 M6The whole Scheme
The Fishing Vessels (Financial Assistance) Scheme 1987S.I. 1987/1136 M7The whole Scheme
The Sandeels Licensing Order 1989S.I. 1989/1066The whole Order
The Fishing Vessels (Acquisition and Improvement) (Grants) (Amendment) Scheme 1990S.I. 1990/685The whole Scheme
The Sea Fishing (Specified Western Waters) (Restrictions on Landing) Order 1990S.I. 1990/2052 M8The whole Order
The Agricultural, Fishery and Aquaculture Products (Improvement Grant) Regulations 1991S.I. 1991/777 M9The whole Regulations, in England and Wales
The Sea Fishing (Specified Western Waters) (Restrictions on Landing) (Variation) Order 1991S.I. 1991/2565The whole Order
The Sea Fishing (Days in Port) Regulations 1992S.I. 1992/130The whole Regulations
The Sea Fishing (Days in Port) (Amendment) Regulations 1992S.I. 1992/670The whole Regulations
The Shellfish and Specified Fish (Third Country Imports) Order 1992S.I. 1992/3301 M10The whole Order, in England and Wales
The Fishing Boats (Marking and Documentation) (Enforcement) Order 1993S.I. 1993/2015 M11The whole Order, in England and Wales
The Fisheries and Aquaculture Structures (Grants) Regulations 1995S.I. 1995/1576 M12The whole Regulations
The Fishing Vessels (Decommissioning) Scheme 1997S.I. 1997/1924 M13The whole Scheme
The Fisheries and Aquaculture Structures (Grants) Amendment Regulations 1998S.I. 1998/1365The whole Regulations
The Sea Fishing (Enforcement of Community Control Measures) Order 2000S.I. 2000/51 M14The whole Order, in England and Wales
The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2000S.I. 2000/181 M15The whole Order, in England and Wales
The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) Order 2000S.I. 2000/827 M16The whole Order, in England and Wales
The Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Cod) (Irish Sea) (Wales) Order 2000S.I. 2000/976 (W.46) M17The whole Order, in England and Wales
The Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000S.I. 2000/1075 (W.69) M18The whole Order, in England and Wales
The Sea Fishing (Enforcement of Community Conservation Measures) Order 2000S.I. 2000/1081 M19The whole Order, in England and Wales
The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Wales) Order 2000

S.I. 2000/1096

(W.74) M20

The whole Order, in England and Wales
The Undersized Lobsters Order 2000S.I. 2000/1503The whole Order, in England and Wales and in the Bailiwick of Guernsey
The Sea Fishing (North-East Atlantic Control Measures) Order 2000S.I. 2000/1843 M21Part 2, and articles 1 to 3 and the Schedule in so far as they relate to Part 2, in England and Wales
The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures (Amendment) Order 2000S.I. 2000/2008 M22The whole Order, in England and Wales
The Sea Fishing (Enforcement of Community Conservation Measures) (Wales) Order 2000

S.I. 2000/2230

(W.148) M23

The whole Order, in England and Wales
The Fishing Vessels (Decommissioning) Scheme 2001S.I. 2001/3390The whole Scheme, in England and Wales
The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2000 Amendment Regulations 2001S.I. 2001/3912 M24The whole Regulations, in Northern Ireland
The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) Order 2002S.I. 2002/426The whole Order, in England and Wales
The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002S.I. 2002/794Schedule 1, paragraph 46, and article 5(1) in so far as it has effect in relation to that paragraph
The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002S.I. 2002/794Schedule 1, paragraph 47, and article 5(1) in so far as it has effect in relation to that paragraph, in England and Wales
The Sea Fishing (Enforcement of Community Control Measures) (Wales) (Amendment) Order 2003

S.I. 2003/559

(W.79)

The whole Order, in England and Wales
The Sea Fishing (Restriction on Days at Sea) (No. 2) Order 2003S.I. 2003/1535 M25The whole Order, in England and Wales
The Fishing Vessels (Decommissioning) Scheme 2003S.I. 2003/2669 M26The whole Scheme, in England and Wales
The Sea Fishing (Restriction on Days at Sea) (No. 2) (Amendment) Order 2004S.I. 2004/38 M27The whole Order, in England and Wales
The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2004S.I. 2004/3226 M28The whole Order, in England and Wales
The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Amendment (Revocation) (England) Regulations 2004S.I. 2004/3227The whole Regulations, in England and Wales
The Incidental Catches of Cetaceans in Fisheries (England) Order 2005S.I. 2005/17 M29The whole Order, in England and Wales
The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005S.I. 2005/617Paragraphs 179, 180, 183 to 185, 187 to 190, 212, 235 and 236 of the Schedule, and article 2 in so far as it has effect in relation to those paragraphs, in England and Wales; paragraph 180 and article 2 in so far as it has effect in relation to that paragraph, in Northern Ireland
The Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 2005S.I. 2005/2624The whole Order, in England and Wales
The Sea Fishing (Marking and Identification of Passive Fishing Gear and Beam Trawls) (England) Order 2006S.I. 2006/1549The whole Order, in England and Wales
The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2006

S.I. 2006/2798

(W.237) M30

The whole Order, in England and Wales
The Sea Fishing (Restriction on Days at Sea) Order 2007S.I. 2007/927The whole Order, in England and Wales
The Decommissioning of Fishing Vessels Scheme 2007S.I. 2007/312The whole Scheme, in England and Wales
The Sea Fishing (Prohibition on the Removal of Shark Fins) Order 2007S.I. 2007/2554The whole Order, in England and Wales
The Sea Fishing (Recovery Measures) Order 2008S.I. 2008/2347 M31The whole Order, in England and Wales
The Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 2009S.I. 2009/1847The whole Order, in England and Wales
The Sea Fishing (Landing and Weighing of Herring, Mackerel and Horse Mackerel) Order 2009S.I. 2009/1850The whole Order in England and Wales
The Marine and Coastal Access Act 2009 (Commencement No. 1, Consequential, Transitional and Savings Provisions) (England and Wales) Order 2010S.I. 2010/630In Part 1 of Schedule 1, paragraphs 5 and 6, and article 4(a) in so far as it has effect in relation to those paragraphs, in England and Wales
The Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011S.I. 2011/603

In Part 1 of Schedule 2, paragraphs 6 and 11, and article 9(a) in so far as it has effect in relation to those paragraphs, in England and Wales;

Part 2 of Schedule 2, and article 9(b), in England and Wales.

Explanatory note

(This note is not part of the Order)

This Order extends to England and Wales and, except for articles 3 and 4, to Northern Ireland. The revocation of the British Fishing Boats Act 1983 (Guernsey) Order 1985 (S.I. 1985/1203) and the Undersized Lobsters Order 2000 (S.I. 2000/1503) extend to the Bailiwick of Guernsey. The Order makes amendments to instruments relating to the enforcement of EU obligations and restrictions relating to sea fishing. It also revokes a number of instruments.

Following amendments made to section 30(1) of the Fisheries Act 1981 (c.29) (“the 1981 Act”) by section 293 of the Marine and Coastal Access Act 2009 (c.23), a breach of enforceable EU restrictions and obligations relating to sea fishing is an offence in England and Wales under section 30(1) of the 1981 Act. Accordingly, instruments which enforce EU restrictions and obligations relating to sea fishing are revoked by this Order for England and Wales (article 8 and the Schedule, which also revoke other obsolete instruments).

Article 2 designates the Marine Management Organisation, the Welsh Ministers and the Department of Agriculture and Rural Development in Northern Ireland as competent authorities for various purposes of Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (OJ No. L 343, 22.12.2009, p. 1), and of Commission Implementing Regulation (EU) No. 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No. 1224/2009 (OJ No. L 112, 30.4.2011, p. 1).

Article 3 confers powers as to the recovery of fines by courts imposing fines on persons convicted of an offence under section 30(1) of the 1981 Act or under an order made under section 30(2) of the 1981 Act.

Articles 4 to 6 amend the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 (S.I. 2005/1605), the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 (S.I. 2007/1842) and the Tope (Prohibition of Fishing) Order 2008 (S.I. 2008/691), updating references to relevant EU legislation.

Article 7 and the Schedule revoke 57 instruments in their entirety and 5 partially with (in some cases) specified limits of territorial extent.

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