The Sea Fishing (Enforcement of Community Quota Measures) (Amendment) Order 1996

Explanatory Note

(This note is not part of the Order)

This Order amends the Sea Fishing (Enforcement of Community Quota Measures) Order 1996 (“the principal Order”), which makes provision for the enforcement of certain of the enforceable Community restrictions and other obligations relating to sea fishing set out in Council Regulation (EC) No. 3074/95 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1996 and certain conditions under which they may be fished (“the First Council Regulation”). The Order is needed as a result of amendments to the First Council Regulation and other special provisions made by Council Regulation (EC) No. 1602/96 fixing special management measures for North Sea herring (“the Second Council Regulation”). Both the First and Second Council Regulations apply until 31st December 1996.

The Order replaces the Schedule to the principal Order and creates new offences in respect of the following prohibitions contained in the Second Council Regulation:

(a) a prohibition on the landing of catches containing unsorted herring in harbours where adequate sampling systems are not in place (Article 1 of the Second Council Regulation);

(b) a prohibition on the offering for sale for human consumption of herring landed by vessels carrying towed nets of a minimum mesh size less than 32mm (Article 6.3 of the Second Council Regulation);

(c) a prohibition on the landing of catches which are unsorted and contain herring when the catch limitations set out in Annex II to the first Council Regulation have been exhausted (Article 7.1 of the Second Council Regulation, which inserted a new Article 5.2a of the first Council Regulation).

The penalty for each of these new offences is the statutory maximum, which is currently £5,000, and may include the forfeiture of fish, nets and other fishing gear (see article 4 of the principal Order).