EXPLANATORY NOTE
(This note is not part of the Order)
This Order amends the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000 (“the principal Order”) and forms part of the law of Scotland only.
The principal Order provides mainly for the enforcement of additional technical measures in specified sea areas, pursuant to Article 46 of Council Regulation (EC) No. 850/98(1). However, article 4A of the principal Order enforces paragraph 6 of Annex III to Council Regulation (EC) No. 43/2009(2). Paragraph 6 of Annex III applies technical conservation measures to a specified sea area within West of Scotland (that part of ICES Division VIa which is east of the Cod Recovery Line) for the protection of cod, haddock and whiting stocks.
Article 2(3) of this Order amends article 3(1A) of the principal Order by clarifying the application of article 4A. Article 4A of the principal Order continues to apply to any Scottish fishing boat within that part of ICES Division VIa which is east of the Cod Recovery Line (as specified by article 3(1C) of the principal Order). However, in relation to non-Scottish fishing boats, the amendment restricts the application of article 4A to any other fishing boat within that part of ICES Division VIa which is east of the Cod Recovery Line and is within the Scottish zone.
This Order also amends article 2(1) of the principal Order, by revising certain definitions, and article 6(1) of the principal Order, by clarifying the application of British sea‑fishery officers’ powers in relation to fishing boats (article 2(2) and (4)).
No Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business.
Council Regulation (EC) No. 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (O.J. No. L 125, 27.4.98, p.1).
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 (O.J. No. L 22, 26.1.09, p.1).