The Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Cod) (Irish Sea) Order 2000

Interpretation

2.—(1) In this Order—

“British fishing boat” means a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995(1) or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act;

“the Community provisions” means:

(a)

the prohibition contained in Article 1.1 of the Commission Regulation, as read with Article 1.2 and 1.3 of that Regulation, and

(b)

the requirement contained in article 4(4)(b) of Regulation 850/98, as read with articles 4(5)(a) and 5 and Annex I of that Regulation, in so far (only) as that requirement has been given extended effect by virtue of article 2 of the Commission Regulation;

“the Commission Regulation” means Commission Regulation (EC) No. 304/2000 establishing measures for the recovery of the stock of cod in the Irish Sea (ICES division VIIa)(2);

“fishing boat” includes a receiving vessel and a third country vessel, in each case within the meaning of Regulation 2847/93;

“local fisheries committee” means a local fisheries committee constituted by an order made, or having effect as if made, under section 1 of the Sea Fisheries Regulation Act 1966(3);

“Regulation 2847/93” means Council Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy(4);

“Regulation 850/98” means Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms(5);

“relevant British fishing boat” means a British fishing boat which is not a Scottish fishing boat;

“relevant offence” means an offence under:

(a)

Article 3 of this Order, or

(b)

any provision in any other order extending to any part of the United Kingdom made for the purpose of implementing the Community provisions, being a provision in respect of which, by virtue of section 30(2A) of the Fisheries Act 1981, proceedings may be commenced in any place in the United Kingdom;

“specified area” means all of the area defined in Article 1.1 of the Commission Regulation except that part which lies within the territorial sea adjacent to Wales;

“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging.

(2) In this Order—

(a) the term “within relevant British fishery limits” does not include the territorial sea adjacent to the Isle of Man;

(b) any reference to any relevant British fishing boat “wherever it may be” does not include such a fishing boat while in the territorial sea adjacent to Wales;

(c) any reference to a document, logbook or declaration includes, in addition to a document, logbook or declaration in writing—

(i) any map, plan, graph or drawing;

(ii) any photograph;

(iii) any data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93;

(iv) any disk, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and

(v) any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.

(3) Any reference in this Order to a Community instrument is a reference to that instrument and any amendment of such instrument in force on the date this Order is made.

(1)

1995, c. 21.

(2)

OJ No. L35, 10.02.2000, p. 10.

(3)

1966 c. 38, section 1 was repealed in part by the Local Government Act 1972 (c. 70), section 272(1) and Schedule 30; and substituted in part by the Local Government Act 1985 (c. 51), section 16 and Schedule 8, paragraph 19.

(4)

OJ No. L261, 20.10.93, p. 1, as last amended by Council Regulation (EC) No. 2846/98 (OJ No. L358, 31.12.98, p. 5).

(5)

OJ No. L125, 27.4.98, p. 1, as last amended by Council Regulation (EC) No. 2723/99 (OJ No. L328, 22.12.99, p. 9).