The Undersized Bass (Revocation) (England) Order 2015

Statutory Instruments

2015 No. 1791

Sea Fisheries, England

The Undersized Bass (Revocation) (England) Order 2015

Made

12th October 2015

Laid before Parliament

16th October 2015

Coming into force

11th November 2015

The Secretary of State, in exercise of the powers conferred by sections 1(1), (2), (3) and (6), 3(1) and (2), 15(3) and 20(1) of the Sea Fish (Conservation) Act 1967(1) and now vested in her(2), makes this Order.

Citation and commencement E+W

1.  This Order may be cited as the Undersized Bass (Revocation) (England) Order 2015 and comes into force on 11th November 2015.

Revocations E+W

2.  The following Orders are revoked in relation to England—

(a) the Undersized Bass Order 1989(3);

(b) the Undersized Bass (Revocation) Order 2007(4).

George Eustice

Minister of State

Department for Environment, Food and Rural Affairs

12th October 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes the Undersized Bass Order 1989 (S.I. 1989/1285) and the Undersized Bass (Revocation) Order 2007 (S.I. 2007/857) in relation to England.

The Undersized Bass Order 1989 set the minimum landing size in Great Britain for bass landed from British fishing boats. This is now redundant as a result of Commission Implementing Regulation (EU) 2015/1316 of 30th July 2015 derogating from Council Regulation (EC) No. 850/98, as regards the minimum conservation reference size for sea bass (Dicentrarchus labrax) (OJ No. L 203, 31.07.2015, p. 9).

The Undersized Bass (Revocation) Order 2007 revived the Undersized Bass Order 1989 following an earlier revocation. It is therefore no longer necessary.

An impact assessment has not been produced for this instrument as no impact is foreseen on the private, voluntary or public sectors.

(1)

1967 c.84; section 1 was substituted by the Fisheries Act 1981 (c.29), section 19(1), and amended by the Marine and Coastal Access Act 2009 (c.23), section 194 and Schedule 15, paragraph 1 and S.I. 1999/1820. Section 3 was amended by the Fishery Limits Act 1976 (c.86), Schedule 2, paragraph 16(1) and S.I. 1999/1820. Section 15(3) was substituted by the Sea Fisheries Act 1968 (c.77), Schedule 1, Part 2, and amended by the Fishery Limits Act 1976, Schedule 2, paragraph 16 and S.I. 1999/1820. Section 22(1) was amended in relation to the definitions of “British sea-fishery officer”, “relevant British fishery limits”, “relevant British fishing boat” and “Scottish fishing boat” by the Sea Fisheries Act 1968, Schedule 1, paragraph 39 and S.I. 1999/1820. Section 22(2)(a) and (b) (which contains definitions of “the Ministers”) was amended by the Fisheries Act 1981, sections 19(2)(d) and 45.

(2)

The relevant functions of the Secretaries of State respectively concerned with the sea fishing industry in Scotland and Wales were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812), article 2(1) and the Schedule. The relevant functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), article 2(2), and the relevant functions of the Minister of Agriculture, Fisheries and Food and the Secretary of State concerned with the sea fishing industry in Northern Ireland, acting jointly, were transferred to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with the sea fishing industry in Northern Ireland, acting jointly, by article 2(5) of that Order. Functions exercisable by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with the sea fishing industry in Northern Ireland jointly were transferred to the Secretary of State by the Transfer of Functions (Sea Fisheries) Order 2012 (S.I. 2012/2747), article 3(1)(a).

(3)

S.I. 1989/1285. The Undersized Bass Order 1989 was revoked in relation to England by S.I. 2007/809 but revived in relation to England by S.I. 2007/857 before S.I. 2007/809 came into force.

(4)

S.I. 2007/857.