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The Incidental Catches of Cetaceans in Fisheries (England) Order 2005 (revoked)
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- UK Statutory Instruments
- 2005 No. 17
- Explanatory Note
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Version Superseded: 06/03/2015
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- 02/02/2005- Amendment
- 02/02/2005
Point in time - 06/03/2015- Amendment
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There are currently no known outstanding effects for the The Incidental Catches of Cetaceans in Fisheries (England) Order 2005 (revoked).
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Explanatory Note
(This note is not part of the Order)
This Order makes provision for the enforcement of Community restrictions and other obligations relating to sea fishing by vessels in certain areas as set out in Council Regulation (EC) No. 812/2004 (OJ No. L150, 30.04.04, p. 12, as amended by Corrigendum OJ No L185 24.05.04, p. 4). The Council regulation requires Member States to monitor the bycatch of cetaceans by the implementation of an observer scheme. It also requires certain vessels to deploy acoustic devices in relation to specified gear whilst fishing.
This Order comes into force on 2nd February 2005. It does not form part of the law of Scotland or Northern Ireland and does not apply in Wales.
Article 4 of the Order creates offences in respect of breaches of the specified provisions of the Council Regulation. Penalties are specified for such offences (article 5). Provision is made for the recovery of fines (article 6).
The Order confers powers of enforcement on British sea-fishery officers in relation to certain fishing boats, as well as on land in England, and in relation to the seizure of fish, acoustic devices and fishing gear (articles 7, 8, 9, and 10). Provision is made for the punishment of anyone found guilty of assaulting or obstructing an officer (article 11). The Order provides for the exercise of the powers contained in it by officers authorised by the Minister and officers of local fisheries committees (article 12). Proceedings under the Order may be brought by a local fisheries committee in respect of offences committed within any part of its district (article 13).
Article 14 makes provision in relation to offences committed by bodies corporate, partnerships and officers of unincorporated associations.
Article 15 allows for the admissibility in evidence of records compiled for the purposes of Council Regulation (EC) No 2847/93.
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