The Sea Fishing (Enforcement of Community Conservation Measures) Order 2000

Interpretation

2.—(1) In this Order—

“British fishing boat” means a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995(1) or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act;

“the Council Regulation” means Council Regulation (EC) No. 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms(2), as corrected by Corrigendum to Annex XII of the Council Regulation(3), and amended by Council Regulation (EC) No. 308/1999(4), Council Regulation (EC) No. 1459/99(5) and Council Regulation (EC) No. 2723/1999(6);

“fish” includes crustacea, molluscs and parts of fish;

“fisheries products” includes fish;

“fishing boat” includes a receiving vessel and a third country vessel, within the meaning of Regulation 2847/93;

“local fisheries committee” means a local fisheries committee constituted by an order made, or having effect as if made, under section 1 of the Sea Fisheries Regulation Act 1966(7);

“Regulation 2847/93” means Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the common fisheries policy(8);

“Regulation 894/97” means Council Regulation (EC) No. 894/97 laying down certain technical measures for the conservation of fishery resources(9);

“Regulation 2742/99” means Council Regulation (EC) No. 2742/1999 fixing for 2000 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 limitations in catch are required and amending Regulation (EC) No. 66/98(10), as corrected by a Corrigendum(11);

“relevant British fishing boat” means a British fishing boat which is not a Scottish fishing boat;

“relevant offence” means an offence under:

(a)

article 3 of this Order, or

(b)

any provision in any other order extending to any part of the United Kingdom made for the purposes of implementing a specified Community measure, being a provision in respect of which, by virtue of section 30(2A) of the Fisheries Act 1981, proceedings may be commenced in any place in the United Kingdom;

“specified Community measure” means a provision of Regulation 894/97 or of the Council Regulation or of Regulation 2742/99, which is specified in column 1 of the Schedule, as read with any qualifying words relating to that provision in that column;

“Scottish fishing boat” means a fishing vessel 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 Scotland as the port to which the vessel is to be treated as belonging;

“Scottish zone” has the same meaning as in the Scotland Act 1998(12).

(2) In this Order—

(a) the term “within relevant British fishery limits” does not include—

(i) the Scottish zone;

(ii) the territorial sea adjacent to Wales;

(iii) the territorial sea adjacent to the Isle of Man;

(iv) the territorial sea adjacent to Jersey; and

(v) seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976(13);

(b) any reference to any relevant British fishing boat “wherever it may be” does not include such a fishing boat while in the territorial sea adjacent to Wales;

(c) any reference to a document, logbook or declaration includes, in addition to a document, logbook or declaration in writing—

(i) any map, plan, graph or drawing;

(ii) any photograph;

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

(iv) any 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 therefrom; and

(v) any 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 therefrom.

(3) Any reference in this Order—

(a) to “the Schedule” is a reference to the Schedule to this Order; and

(b) to a Community instrument is a reference to that instrument and any amendment of such instrument in force on the date this Order is made.

(4) Column 2 of the Schedule (which provides in relation to each specified Community provision an indication of the subject matter of the provision) shall not be read as limiting the scope of any specified Community provision and shall be disregarded in relation to any question arising as to the construction of this Order.

(1)

1995 c. 21.

(2)

OJ No. L125, 27.4.98, p. 1.

(3)

OJ No. L318, 27.11.98, p. 63.

(4)

OJ No. L038, 12.2.99, p. 6.

(5)

OJ No, L168, 3.7.99, p. 1.

(6)

OJ No. L328, 22.12.99, p. 9.

(7)

1966 c. 38, section 1 was repealed in part by the Local Government Act 1972 (c. 70), section 272(1) and Schedule 30; and substituted in part by the Local Government Act 1985 (c. 51), section 16 and Schedule 8, paragraph 19.

(8)

OJ No. L261, 20.10.93, p. 1, as last amended by Council Regulation (EC) No. 2846/98 (OJ No. L358, 31.12.98, p. 5).

(9)

OJ No. L132, 23.5.97, p. 1, as amended by Council Regulation (EC) No. 1239/98 (OJ No. L171, 17.6.98, p. 1). With the exception of Articles 11, 18, 19 and 20, Regulation 894/97 is repealed by Article 49 of the Council Regulation as from 1 January 2000.

(10)

OJ No. L341, 31.12.99, p. 1.

(11)

OJ No. L31, 5.2.2000, p. 89.

(12)

1998 c. 46; see section 126 and the Scottish Adjacent Waters Boundaries Order 1999 (S.I. 1999/1126).

(13)

1976 c. 86; as modified by paragraph 3(c) of the Schedule to the Fishery Limits Act 1976 (Guernsey) Order 1989 (S.I. 1989/2407).