1. This Order—
(a)may be cited as the Sea Fishing (Restriction on Days at Sea) Order 2007; and
(b)comes into force on 20th April 2007.
2.—(1) This Order extends to England and Wales only.
(2) This Order applies—
(a)in England;
(b)in relation to English fishing boats and Welsh fishing boats wherever they are, except where they are in the sea adjacent to Wales out as far as the seaward boundary of the territorial sea(1); and
(c)in relation to other fishing boats within British fishery limits except where they are in—
(i)the Scottish zone;
(ii)the Northern Ireland zone; or
(iii)the sea adjacent to Wales out as far as the seaward boundary of the territorial sea.
(3) In this article—
(a)“British fishery limits” means the limits set by or under section 1 of the Fishery Limits Act 1976(2);
(b)“the Northern Ireland zone” has the same meaning as in section 98 of the Northern Ireland Act 1998(3);
(c)“the Scottish zone” has the same meaning as in section 126(1) of the Scotland Act 1998(4).
3.—(1) In this Order—
“allocation of days” has the meaning given in article 7;
“the Cod Annex” means Annex IIA to the Council Regulation;
“the Cod Recovery Zone” means the geographical area set out in point 2 of the Cod Annex and reference to an area within the Cod Recovery Zone is a reference to one of the areas listed in that point;
“the Council Regulation” means Council Regulation (EC) No 41/2007 fixing for 2007 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(5);
“the early period of 2007” means the period commencing on 1st February 2007 and ending immediately before this Order comes into force;
“equivalent provision” means any provision, in any other Order made for the purposes of implementing the Cod Annex or the Sole Annex, in relation to any part of the United Kingdom, which has equivalent effect to a provision in this Order, proceedings in respect of which may be taken in England by virtue of section 30(2A) of the Fisheries Act 1981(6);
“fishing boat” means any vessel to which the Cod Annex or the Sole Annex applies;
“logbook” means the same as in Article 6 of Regulation 2847/93 read with Regulation 2807/83;
“management period” means a period established under article 4 or deemed to be established under article 5(1), in respect of which an allocation of days applies;
“notified gear” means the regulated gear group or groups notified to the Secretary of State under article 4(1);
“person in charge”, in relation to any fishing boat, means the owner, the master or the charterer, if any, of the fishing boat or the agent of any of them;
“regulated gear” means fishing gear referred to in point 4 of the Cod Annex or point 3 of the Sole Annex, and references to gear groups are references to gear groups listed in those points;
“Regulation 2807/83” means Commission Regulation (EEC) No 2807/83 laying down detailed rules for recording information on Member States’ catches of fish(7);
“Regulation 2847/93” means Council Regulation (EC) No 2847/93 establishing a control system applicable to the Common Fisheries Policy(8);
“the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;
“the Sole Annex” means Annex IIC to the Council Regulation;
“the Sole Recovery Zone” means the area referred to in point 1 of the Sole Annex; and
“Welsh fishing boat” means a fishing boat registered under the Merchant Shipping Act 1995(9) as to be treated as belonging to a port in Wales.
(2) In this Order, “English fishing boat” means—
(a)a fishing boat which is registered under the Merchant Shipping Act 1995 as to be treated as belonging to a port in England; or
(b)a fishing boat, other than—
(i)a Scottish fishing boat,
(ii)a Welsh fishing boat, or
(iii)a Northern Ireland fishing boat,
which is owned wholly by persons qualified to own British ships for the purposes of Part II of that Act.
(3) In paragraph (2)—
(a)“Scottish fishing boat” means a fishing boat which is registered under the Merchant Shipping Act 1995 as to be treated as belonging to a port in Scotland; and
(b)“Northern Ireland fishing boat” means a fishing boat which is registered under the Merchant Shipping Act 1995 as to be treated as belonging to a port in Northern Ireland.
(4) Expressions in this Order which are not defined in this Order and which appear in the Cod Annex or the Sole Annex have the same meaning in this Order as they have in those Annexes.
(5) Any information notified for the purpose of any provision of this Order must be treated as notified for the purposes of any equivalent provision.
See section 155(1) of the Government of Wales Act 1998 (c. 38).
1976 c.86. See also S.I 1997/1750 and S.I. 1999/1741.
OJ No L 15, 20.1.2007, p1, as amended by corrigendum OJ No L18, 25.1.2007, p.11
Section 30(2A) was inserted by the Scotland Act 1998 (Consequential Modifications)(No.2) Order 1999, S.I. 1999/1820, art. 4 and Part I of Schedule 2, paragraph 68(1) and (5).
OJ No L 276, 10.10.83, p.1, as amended by Commission Regulation (EEC) No 473/89 of 24 February 1989, Commission Regulation (EEC) No 2945/95 of 20 December 1995, Commission Regulation (EC) No 395/98 of 19 February 1998, Commission Regulation (EC) No 1488/98 of 13 July 1998, Commission Regulation (EC) No 2737/1999 of 21 December 1999, Commission Regulation (EC) No 1965/2001 of 8 October 2001 and Commission Regulation (EC) No 1804/20005 of 3 November 2005.
OJ No L 261, 20.10.93, p1, as amended by Council Regulation (EC) No 2870/95, Council Decision 95/528/EC of 5 December 1995, Council Regulation (EC) No 2489/96 of 20 December 1996, Council Regulation (EC) No 686/97 of 14 April 1997, Council Regulation (EC) No 2205/97 of 30 October 1997, Council Regulation (EC) No 2635/97 of 18 December 1997, Council Regulation (EC) No 2846/98 of 17 December 1998, Council Regulation (EC) No 806/2003 of 14 April 2003 and Commission Regulation (EC) 768/2005 of 26 April 2005.