The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 5) Order 1992

Made23rd November 1992

Laid before Parliament25th November 1992

Coming into force26th November 1992

The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with sea fishing in Scotland, Wales and Northern Ireland, in exercise of the powers conferred on them by section 30(2) and (3) of the Fisheries Act 19811, and of all other powers enabling them in that behalf, hereby make the following Order:

Title, commencement and interpretation1

1

This Order may be cited as the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 5) Order 1992 and shall come into force on 26th November 1992.

2

In this Order “the principal Order” means the Sea Fishing (Enforcement of Community Conservation Measures) Order 19862.

Amendment of the principal Order

2

The principal Order shall be amended in accordance with articles 3 and 4 below.

3

In article 2 thereof (interpretation) there shall be substituted for the definition of the Council Regulation the following definition—

“the Council Regulation” means Council Regulation (EEC) No. 3094/86 laying down certain technical measures for the conservation of fishery resources3, as amended by Council Regulation (EEC) No. 4026/864, Council Regulation (EEC) No. 2968/875, Council Regulation (EEC) No. 3953/876, Council Regulation (EEC) No. 1555/887, Council Regulation (EEC) No. 2024/888, Council Regulation (EEC) No. 3287/889, Council Regulation (EEC) No. 4193/8810, Council Regulation (EEC) No. 2220/8911, Council Regulation (EEC) No. 4056/8912, Council Regulation (EEC) No.3500/9113, Council Regulation (EEC) No. 345/9214, Council Regulation (EEC) No. 1465/9215, Council Regulation (EEC) No. 2120/9216 and Council Regulation (EEC) No. 3034/9217;

4

In Schedule 1 thereto (maximum fines on summary conviction apart from fines related to value of fish) there shall be inserted after paragraph 13 the following paragraph in columns 1, 2 and 3—

13A
Article 9(17)
Provisions relating to purse seine nets
£5,000

Revocation5

The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 4) Order 199218 is hereby revoked.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th November 1992.

John Selwyn GummerMinister of Agriculture, Fisheries and Food

Hector MonroParliamentary Under Secretary of State, Scottish Office19th November 1992

Gwilym JonesParliamentary Under Secretary of State, Welsh Office19th November 1992

Patrick MayhewSecretary of State for Northern Ireland23rd November 1992

(This note is not part of the Order)

This Order amends the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986, as amended, (“the principal Order”), which 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 (EEC) No. 3094/86, as previously amended. The principal Order creates offences in respect of breaches of the provisions of that Council Regulation referred to in column 1 (and briefly described in column 2) of Schedule 1 to that Order and in article 3(2) of that Order. The principal Order also specifies penalties for such offences and confers powers of enforcement.

In consequence of that Council Regulation having been amended by Council Regulation (EEC) No. 3034/92, article 3 of this Order further updates the definition of “the Council Regulation” in article 2 of the principal Order (interpretation). The amendments made by Council Regulation (EEC) No. 3034/92 relate to the use of purse seine nets. Article 4 of this Order inserts a reference to this provision in Schedule 1 to the principal Order.

The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 4) Order 1992 is superseded by this Order and is revoked (article 5).