The Sea Fishing (Enforcement of Annual Community and Third Country Fishing Measures) (England) Order 2006

Interpretation

3.—(1) In this Order—

“British sea-fishery officer” means any person who, by virtue of section 7 of the Sea Fisheries Act 1968(1), is a British sea-fishery officer;

“Council Regulation 2847/93” means Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the common fisheries policy(2);

“Council Regulation 51/2006” means Council Regulation (EC) No. 51/2006 fixing for 2006 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required(3);

“equivalent provision” means a provision in any other Order extending to any part of the United Kingdom which has equivalent effect to a provision in this Order, proceedings in respect of which may be taken in England by virtue of section 30(2A) of the Fisheries Act 1981(4);

“pelagic weighing system” means a system used for weighing herring, mackerel or horse mackerel for the purposes of point 1 of Annex III.

(2) In this Order, a reference to a document includes a reference to—

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

(b) any photograph;

(c) any data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.7 of Council Regulation 2847/93;

(d) any disk, tape, sound track or other device on which sounds or other data, other than visual images, are recorded so as to be capable of being reproduced with or without the aid of some other equipment; and

(e) any film, microfilm, negative, tape, disk or other device on which one or more visual images are recorded so as to be capable of being reproduced with or without the aid of some other equipment.

(3) Expressions—

(a) which are not defined in this Order;

(b) but which appear in this Order, other than in article 19, and in Council Regulation 51/2006,

have the same meaning in this Order as they have in that Council Regulation.

(4) In this Order—

(a) except where the context otherwise requires—

(i) a reference to an Article followed by an Arabic numeral, and

(ii) a reference to an Annex followed by a Roman numeral,

is a reference to the Article or Annex, as the case may be, in Council Regulation 51/2006 so numbered; and

(b) a reference to a Community instrument is a reference to that instrument as amended on the date this Order is made.

(5) For the purposes of point 1.2.1 of Annex III, the designated ports are—

(a) for the landing of herring, other than herring caught in ICES Subareas IVc and VIId—

(i) Brixham,

(ii) Fleetwood,

(iii) Grimsby,

(iv) North Shields,

(v) Plymouth,

(vi) Scarborough, and

(vii) Whitehaven;

(b) for the landing of herring caught in ICES Subareas IVc and VIId, Lowestoft; and

(c) for the landing of mackerel and horse mackerel—

(i) Brixham,

(ii) Fleetwood,

(iii) Plymouth, and

(iv) Whitehaven.

(1)

1968 c. 77; section 7 is amended by S.I. 1999/1820, article 4 and paragraphs 41 and 48 of Schedule 2, by the Fisheries Act 1981, sections 26(1) and 46(2) and Part II of Schedule 5 and by the Northern Ireland Constitution Act 1973 (c. 36) , section 40 and Schedule 5.

(2)

OJ No. L261, 20.10.93, p.1, as amended by amendments up to and including those made by Council Regulation (EC) No. 1954/2003 (OJ No L289, 7.11.2003, p.1).

(3)

OJ No. L16, 20.1.2006, p.1.

(4)

Section 30(2A) was inserted by S.I. 1999/1820.