The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2000 Amendment Regulations 2002

Amendment of the Order

8.—(1) Article 7 (powers of British sea-fishery officers in relation to fishing boats) of the Order is amended as follows.

(2) In paragraph (1), for “to (4)” there is substituted “to (8)”.

(3) After paragraph (4) there is inserted—

“(5) Where it appears to a British sea fisheries officer that the satellite tracking device on a relevant British fishing boat or a Scottish fishing boat failed, at a time when the boat was not in port, to operate in accordance with article 3(5) of this Order, that officer may, subject to paragraph (7), at any time when the boat is in port, serve on the master or the owner a notice under paragraph (6).

(6) The notice referred to in paragraph (5) is a notice which—

(a) requires the boat to be detained in port from the time of service of the notice until the expiry of the specified monitoring period; and

(b) requires that throughout the specified monitoring period the device shall be set (as nearly as its condition allows) so as to transmit the required information to the Fisheries Monitoring Centre of the United Kingdom—

(i) in the case of a device designed to be capable of being polled, at least every two hours; and

(ii) in the case of a device not so designed, at least every hour.

(7) A notice under paragraph (6) shall not be served later than 30 days after the day on which it appears to the British sea fisheries officer that the satellite tracking device last failed to operate in accordance with article 3(5) of this Order.

(8) In this article—

(a) in paragraphs (5) and (7) the reference to article 3(5) of this Order includes a provision to the same effect made by an order which applies to waters beyond the territorial sea adjacent to Wales;

(b) in paragraph (6) “the specified monitoring period” means a period of 24 hours which is specified in the notice (which period shall not begin later than 9.00 a.m. on the weekday next following the day on which the notice is served).”.