Explanatory Note
(This note is not part of the Order)
This Order revokes the Sea Fishing (Enforcement of Community Conservation Measures) Order 1997 (S.I. 1997/1949) and the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) Order 1997 (S.I. 1997/2841), except in so far as they form part of the law of Scotland or they apply in relation to Wales (article 15).
The Order re-enacts provisions for the enforcement of Article 11 of Council Regulation (EC) No. 894/97 (OJ No. L132, 23.5.97, p.1) laying down certain technical measures for the conservation of fishery resources (“Regulation 894/97”) and makes provision for the enforcement of restrictions and obligations contained in Council Regulation (EC) No. 850/98 (OJ No. L125, 27.4.98, p.1), for the conservation of fishery recources through technical measures for the protection of juveniles of marine organisms, as amended (“the Council Regulation”).
Article 3 of the Order creates offences in respect of breaches of: Article 11 of Regulation 894/97; the provisions of the Council Regulation referred to in column 1 (and briefly described in column 2) of the Schedule to the Order; the provisions of the Council Regulation referred to in subsection (2) of that article; and technical measures applying in 2000 by virtue of Article 9 of Council Regulation (EC) 2742/99 (OJ No. L341, 31.12.99, p.1). Penalties, which may include the forfeiture of fish, nets and other fishing gear, are specified for such offences (article 4).
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 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).
Provision is also made for the prosecution of offenders in England and Northern Ireland and for proceedings by local fisheries committees (article 13). The statutory maximum penalty referred to in the Order is currently £5,000.
The Order provides powers for the recovery of fines imposed by a magistrates' court in England or Northern Ireland (article 5).
Articles 10, 12 and 14 contain ancillary provisions.
The Order does not form part of the law of Scotland. It does not apply in relation to fishing activities within the territorial sea of Wales.