The Undersized Whiting Order 1992

Explanatory Note

(This note is not part of the Order)

This Order prescribes a minimum size for the landing of whiting ( Merlangius merlangus) in Great Britain (article 2(1)). There is an exemption from the minimum landing size for the landing of whiting from foreign fishing boats (article 2(2)).

The Order also prescribes a minimum size for the sale of whiting (article 3(1)) and for the carriage of whiting on a British fishing boat (article 4(1)). There is an exemption from the minimum sale size for whiting which are landed from foreign boats (article 3(2)) and from the minimum size for whiting carried on board British fishing boats in the case of unsorted whiting (article 4(2)).

The Order gives British sea-fishery officers further enforcement powers in relation to fishing boats (article 5). They already have powers under section 15(2) of the Sea Fish (Conservation) Act 1967, as amended by the Fisheries Act 1981, ( “the 1967 Act”) to seize any fish in respect of which an offence has been or is being committed under section 1(3) of the 1967 Act.

Offences and penalties are prescribed respectively by section 1(7) and (8) and section 11 of the 1967 Act.

This Order is made in reliance on Article 14(1) of Council Regulation (EEC) No. 3094/86 (OJ No. L288, 11.10.86, p. 1), laying down certain technical measures for the conservation of fishery resources, which authorises Member States to take certain national measures for the conservation and management of stocks.