Sea Fishing (Restriction on Days at Sea) Order (Northern Ireland) 2004

Interpretation

2.—(1) In this Order –

“Annex V” means Annex V to Council Regulation (EC) No. 2287/2003 fixing for 2004 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(1);

“the Annex V year” means the period commencing with the coming into operation of this Order and ending with 31st December 2004, and references to things done during the Annex V year cover things done at any time within it;

“base unit” has the same meaning as in Article 3;

“British fishing boat” means a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995(2) or is owned wholly by persons qualified to own British ships for purposes under that Part of the Act;

“cod recovery zone” means the geographical area defined in paragraph 2 of Annex V;

“day” has the meaning set out in paragraph 3(b) of Annex V;

“equivalent provision” means any provision, in any other Order made for the purposes of implementing Annex V, in relation 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 Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981;

“fishing boat” includes any vessel covered by Annex V;

“foreign fishing boat” means a fishing boat covered by Annex V which is not a British fishing boat;

“management period” means a period established by Article 3;

“Northern Ireland fishing boat” means a fishing boat 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 Northern Ireland as the port to which the boat is to be treated as belonging;

“Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998(3);

“person in charge”, in relation to a fishing boat, means the owner, master or charterer, if any, of the fishing boat or the agent of any of them;

“regulated gear” means any gear within a grouping of fishing gears set out in paragraph 4 of Annex V;

“Regulation 2807/83” means Commission Regulation (EEC) No. 2807/83 laying down detailed rules for recording information on Member States' catches of fish, as amended at the date that this Order is made(4);

“Regulation 2847/93” means Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the Common Fisheries Policy as amended at the date this Order is made(5);

“unused days” in relation to any fishing boat, grouping of regulated gear and management period, means the number of days available to the boat carrying the gear in the cod recovery zone during the period before its allocation of days under Article 4 is exhausted.

(2) In this Order –

“logbook” means the same as in Article 6 of Regulation 2847/93 as amplified by Regulation 2807/83, and, for the purposes of any provision of this Order other than Article 13, any reference to a document or logbook includes any –

(i)

map, plan, graph or drawing;

(ii)

photograph;

(iii)

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

(iv)

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; and

(v)

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.

(3) Any information provided to any authority for the purposes of any provision of this Order shall be treated as also provided for the purposes of any equivalent provision.

(4) The Interpretation Act (Northern Ireland) 1954(6), except section 20(2) and (3), shall apply to this Order at it applies to an Act of the Northern Ireland Assembly.

(1)

O.J. No. L344, 31.12.2003, p. 1

(2)

1995 c. 21

(3)

1998 c. 47

(4)

O.J. No. L276, 10.10.1983, p. 1; the last amending instrument is Commission Regulation (EC) No. 1965/2001 (O.J. No. L268, 9.10.2001, p. 28)

(5)

O.J. No. L261, 20.10.199, p. 1; the last amending instrument is Council Regulation (EC) No. 1954/2003 (O.J. No. L289, 7.11.2003, p. 1)

(6)

1954 c. 33 (N.I.)