The Sea Fishing (Transitional EU Technical Conservation Measures) (Scotland) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the enforcement of Annex III to Council Regulation (EC) No. 43/2009 fixing for 2009 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 (“the Council Regulation”). The restrictions and obligations contained in Annex III to the Council Regulation are extended and amended by Council Regulation (EC) No. 1288/2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011.

The Order applies to Scottish fishing boats, wherever they may be, and to other fishing boats within the Scottish zone. It makes it an offence to contravene, or fail to comply with, the provisions of Annex III to the Council Regulation referred to in column 1 (and briefly described in column 2) of Schedule 1 (EU technical conservation measures) to the Order (article 3).

The Order provides penalties for a relevant offence (as defined in the Order) (article 4) and for the recovery of fines imposed in respect of a relevant offence or an offence under article 10 of the Order (article 5).

For the purpose of enforcing article 3 of the Order, or any equivalent provision, the Order confers on British sea-fishery officers powers to: go on board fishing boats; search for and examine fishery products and equipment; require the production of documents; search for and seize documents; take a boat to the nearest convenient port; enter and inspect premises; stop and search vehicles transporting fish, and seize fish and fishing gear (articles 6 to 8).

The Order provides for the protection of British sea-fishery officers in the exercise of their powers under the Order (article 9). It creates offences of, and provides penalties for, obstructing such officers (article 10).

The Order makes provision in relation to offences committed by a body corporate, a partnership or an unincorporated association (article 11) and in relation to the admissibility in evidence of logbooks and other documents (article 12).

The Order revokes the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures and Restriction on Days at Sea) (Scotland) Order 2009 (S.S.I. 2009/317) and the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures and Restriction on Days at Sea) (Scotland) Amendment Order 2009 (S.S.I. 2009/338) (article 13).

A Regulatory Impact Assessment in the relation to this Order has been prepared and placed in SPICE. Copies can be obtained from Marine Scotland, Robb’s Loan, Edinburgh, EH14 1TY.