The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009

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 No L 286, 29.10.2008, p.1) (“the Council Regulation”) and Commission Regulation (EC) 1010/2009 (OJ No L 280, 27.10.2009, p.5) (“the Commission Regulation”) establishing restrictions and obligations relating to illegal, unreported and unregulated fishing.

Article 4 designates the competent authority for the purposes of the Council and the Commission Regulations. Article 5 provides for controls on movement of consignments of fish or fishery products while verifications are carried out pursuant to Article 17 of the Council 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 6 permits movement of such consignments under certain circumstances. Article 7 provides for the refusal of importation in the circumstances set out in Article 18(1) or (2) of the Council Regulation (where the catch certificate is lacking, invalid, inaccurate, incomplete, or where the request for assistance from the flag state, or lack of, confirms that a catch certificate should not have been issued). Article 18 of the Council Regulation also provides that Member States may confiscate, destroy, dispose or sell such fishery products in accordance with national law. The powers set out in sections 268 and 270 to 278 of the Marine and Coastal Access Act 2009 (fisheries enforcement powers) are available to authorised officers in relation to both fish and fishery products. This includes a power to seize the fish and fishery products and release them in return for a bond.

Article 8 requires the port health authority or local authority to charge a fee in respect of each consignment reflecting the expenses it has reasonably incurred. Article 9 provides that certain activities prohibited in the Council Regulation are offences punishable summarily or on indictment (article 10). Articles 12 to 15 provide for powers of British sea-fishery officers in the enforcement of this Order. Articles 18 to 20 make provisions about offences and bodies corporate, exchange of information and obtaining samples, and Article 21 for certain documents to be admitted as evidence.

An impact assessment has been prepared and a copy placed in the library of each House of Parliament. Copies can be obtained from the Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London, SW1P 2AL or from the Department’s website.