The Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order provides for the enforcement in Scotland of the provisions of Annex IVa and IVc (“the Annexes”) to Council Regulation 27/2005(O.J. No. L 12, 14.1.05, p.1) fixing for certain fish stocks and groups of fish stocks the fishing opportunities in Community waters for 2005 and the monitoring, inspection and surveillance provisions in Council Regulation 423/2004.

The Order contains provisions relating to the determination for certain fishing boats of the management periods referred to in paragraph 6(b) of the Annexes (articles 3 and 13); and the calculation of the number of days on which a vessel may be absent from port for the purposes of the Annexes (articles 4 and 14). It contains provisions relating to the deduction of days by the Scottish Ministers (articles 4(6) and 14(6)) and the procedure to be followed in doing so (articles 5 and 15).

Provision is made as to the use of regulated gears and associated offences (articles 6 and 16), and the transfer of days from one boat to another (articles 7 and 17).

The Order creates offences in respect of contraventions by certain persons of other provisions of Regulation 423/2004 and Annex IVc concerning mixing of species, transportation of cod and sole, the landing of cod and sole where prior notification is required, the landing of cod at a designated port, the recording of information on catches of fish and the weighing of sole (articles 8 and 12 and 18 to 22. By virtue of article 11(4), the ports named in the Schedule to the Order are designated for the purposes of Article 12 of Regulation 423/2004.

Provision is made for the maintenance of a logbook (article 23), and for the submission of the relevant part of the logbook at a designated port (article 24).

The Order extends the application of the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000 (S.S.I. )2000/7 in pursuance of Regulation 423/2004 (O.J. No. L 70, 9.3.04, p.8) and Annex IVc (article 25).

The Order provides for penalties (article 26) and for the recovery of fines imposed in respect of a relevant offence as defined in the Order (article 27).

For the purposes of enforcing provisions of the Annexes and Council Regulation 423/2004 the Order confers on British sea-fishery officers the powers to enter premises, to go on board fishing boats, to stop and search vehicles transporting fish, to examine fish, to require the production of documents, to search for and seize documents, to take a boat to the nearest convenient port and to seize fish and fishing gear (articles 28 to 30).

Provision is made for the protection of British sea-fishery officers in the exercise of their powers under the Order (article 31) and for an offence of obstructing such officers (article 32).

Provision is made in relation to offences committed by a body corporate, a partnership or an unincorporated association (article 33) and in relation to the admissibility in evidence of logbooks and other documents (article 34).

The Order revokes the Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2004 (S.I. 2004/44) and the order which amended that Order (article 35).

A Regulatory Impact Assessment in the relation to this Order has been prepared and placed in SPICE. Copies can be obtained from the Scottish Executive Environment and Rural Affairs Department, Robb’s Loan, Edinburgh, EH14 1TY.