The Sea Fishing (Illegal, Unreported and Unregulated Fishing) (Scotland) Order 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the enforcement of Council Regulation (EC) No 1005/2008 (OJ L 286, 29.10.2008, p.1) (“the Council Regulation”) and Commission Regulation (EC) No 1010/2009 (OJ L 280, 27.10.2009, p.5) (“the Commission Regulation”) establishing restrictions and obligations relating to illegal, unreported and unregulated fishing.

This Order applies to Scottish fishing boats, wherever they are, and to other fishing boats within the Scottish zone (article 1).

Article 3(1) designates the Scottish Ministers as the competent authority for the purposes of the Council and the Commission Regulations. Article 3(2) also designates the local authority as the competent authority for the purposes of the provisions of the Council and the Commission Regulations referred to in article 3(3) relating to the checking of catch certificates and subsequent verifications and refusal of importation etc.

Article 4 provides for controls on movement of consignments of fishery products while verifications are carried out pursuant to Article 17 of the Council Regulation or Article 20 of the Commission Regulation (which can include a request for assistance from the flag state of the vessel to ensure the accuracy of the information contained within, or the validity of, the catch certificate).

Article 5 permits movement of such consignments under certain circumstances.

Article 6(1) provides for the refusal of importation or permission to use transhipment facilities in circumstances where a landing or transhipment declaration has not been submitted in accordance with Article 8 of the Council Regulation or Article 3 of the Commission Regulation. Article 6(2) and (3) provides for the seizure and sale, disposal or destruction of fishery products upon refusal of importation in the circumstances set out in Article 18(1) or (2) of the Council Regulation.

Article 7 provides for a right of appeal to the sheriff in circumstances where importation or permission to use transhipment facilities is refused or the competent authority seizes the fishery products or decides to sell, dispose of or destroy the fishery products.

Article 8 provides that the local authority may charge a fee in respect of each consignment reflecting the recovery of expenses it has reasonably incurred. The powers in section 2(2) of the European Communities Act 1972 are exercised as regards this Article.

Article 9 provides that certain activities are an offence which are punishable either by a summary conviction or on indictment.

Article 10 provides penalties for the offences under the Order and an equivalent provision (as defined in the Order).

Article 11 provides powers for the sheriff court in the recovery of fines imposed in respect of an offence under this Order or under an equivalent provision.

Articles 12 to 15 provide for powers of British sea-fishery officers in the enforcement of this Order or an equivalent provision.

Article 16 provides protection from civil or criminal liability to authorised officers, British sea-fishery officers and persons assisting British sea-fishery officers when exercising powers under certain specified provisions of the Order or in carrying out checks and verifications under the Council Regulation or the Commission Regulation under certain circumstances.

Article 17 provides that a person commits an offence if that person obstructs such authorised officers, British sea-fishery officers or persons assisting British sea-fishery officers in the exercise of their powers conferred by the Order.

Articles 18 to 21 make provision about offences committed by bodies corporate, exchange of information, obtaining samples and admissibility of documents in evidence.

A Business and Regulatory Impact Assessment in relation to this Order has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Marine Directorate, Victoria Quay, Edinburgh EH6 6QQ.