This Statutory Instrument has been made in consequence of a defect in S.I. 2000/827 and is being issued free of charge to all known recipients of that Statutory Instrument.

2000 No. 2008

SEA FISHERIES, ENGLAND

SEA FISHERIES, WALES

SEA FISHERIES, NORTHERN IRELAND

The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Amendment) Order 2000

Made24th July 2000

Laid before Parliament4th August 2000

Coming into force1st September 2000

The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with sea fishing in Scotland, Wales and Northern Ireland, in exercise of the powers conferred on them by section 30(2) of the Fisheries Act 19811, and of all other powers enabling them in that behalf, hereby make the following Order:

Title, commencement and interpretation1

This Order may be cited as the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Amendment) Order 2000 and shall come into force on 1st September 2000.

Amendment of the principal Order2

For Schedule 1 to the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) Order 20002, there shall be substituted the Schedule set out in the Schedule to this Order.

Elliot MorleyParliamentary Secretary, Ministry of Agriculture, Fisheries and Food19th July 2000

John ReidSecretary of State for Scotland21st July 2000

Paul MurphySecretary of State for Wales24th July 2000

Peter MandelsonSecretary of State for Northern Ireland20th July 2000

SCHEDULE

Article 2

SCHEDULE 1SPECIFIED COMMUNITY PROVISIONS APPLICABLE TO COMMUNITY VESSELS AND MAXIMUM FINES ON SUMMARY CONVICTION
Article 4(1)
Column 1
Column 2
Column 3
Provision of the Council Regulation
Subject matter
Maximum fine on summary conviction
1
Article 6.1, in so far as that paragraph relates to retaining on board or landing
Prohibitions on retaining on board or landing catches from stocks for which total allowable catches or quotas are fixed and have been exhausted
£50,000
2
Article 6.1, in so far as that paragraph relates to catch composition or sorting
Prohibitions in certain circumstances on retaining on board or landing catches having a certain composition or which have been sorted
The statutory maximum
3
Article 6.2
Prohibition on landing catches which are unsorted and contain herring when the catch limitations set out in Annex II to the Council Regulation have been exhausted
£50,000
4
Article 7
Prohibition on fishing by Community vessels in certain Norwegian and Icelandic waters
£50,000
5
Article 8 and Annex IV paragraphs 2 and 6
Prohibition on landing catches containing unsorted herring in harbours where adequate sampling systems are not in place3; prohibition on offering for sale for human consumption herring caught in the areas specified in Annex IV paragraph 6 by vessels carrying towed nets of a minimum mesh size less than 32mm and landed
The statutory maximum

Column 1	Column 2	Column 3
Provision of the Council Regulation	Subject matter	Maximum fine on summary conviction
1 Article 6.1, in so far as that paragraph relates to retaining on board or landing	Prohibitions on retaining on board or landing catches from stocks for which total allowable catches or quotas are fixed and have been exhausted	£50,000
2 Article 6.1, in so far as that paragraph relates to catch composition or sorting	Prohibitions in certain circumstances on retaining on board or landing catches having a certain composition or which have been sorted	The statutory maximum
3 Article 6.2	Prohibition on landing catches which are unsorted and contain herring when the catch limitations set out in Annex II to the Council Regulation have been exhausted	£50,000
4 Article 7	Prohibition on fishing by Community vessels in certain Norwegian and Icelandic waters	£50,000
5 Article 8 and Annex IV paragraphs 2 and 6	Prohibition on landing catches containing unsorted herring in harbours where adequate sampling systems are not in place3; prohibition on offering for sale for human consumption herring caught in the areas specified in Annex IV paragraph 6 by vessels carrying towed nets of a minimum mesh size less than 32mm and landed	The statutory maximum

(This note is not part of the Order)

This Order, which is made under section 30(2) of the Fisheries Act 1981, amends the Sea Fishing (Enforcement of Community Quotas and Third Country Fishing Measures) Order 2000 (S.I. 2000/827) (“the principal Order”). The principal Order extends to England and Wales and to Northern Ireland but does not extend to Scotland.

The effect of the present Order is to add to Schedule 1 to the principal Order a reference to Article 7 of Council Regulation 2742/1999 (O.J. No. L341, 31.12.99, p.1), which prohibits fishing by European Community vessels in certain Norwegian and Icelandic waters and to remedy a typographical error in paragraph 5 of that Schedule. For convenience, the whole of Schedule 1 is restated in the present Order.