The Sea Fishing (Enforcement and Miscellaneous Provisions) Order 2015
The Secretary of State and (acting only in relation to Wales and the Welsh zone M1) the Welsh Ministers make this Order in exercise of the powers conferred by section 30(2) of the Fisheries Act 1981 M2, which are now vested in them M3.
The Secretary of State and the Welsh Ministers are each designated for the purposes of section 2(2) of the European Communities Act 1972 M4 (“the 1972 Act”) in relation to the common agricultural policy of the European Union M5. The Secretary of State is designated for the purposes of section 2(2) of the 1972 Act in relation to the environment and the Welsh Ministers are designated for those purposes in relation to the conservation of natural habitats and of wild fauna M6
This Order makes provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State and the Welsh Ministers that it is expedient for any reference in this Order, the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 M7, the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 M8, or the Tope (Prohibition of Fishing) Order 2008 M9, to the following Regulations to be construed as a reference to those Regulations as amended from time to time:
- (a)
Council Regulation (EC) No. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing M10;
- (b)
Council Regulation (EC) No. 1010/2009 laying down detailed rules for the implementation of Council Regulation (EC) No. 1005/2008 M11;
- (c)
Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy M12;
- (d)
Commission Implementing Regulation (EU) No. 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No. 1224/2009 M13; and
- (e)
Council Regulation (EU) No. 1380/2013 on the Common Fisheries Policy M14.
The Secretary of State and (acting only in relation to Wales) the Welsh Ministers make this Order (to the extent that it does not apply in relation to enforceable Community restrictions or obligations relating to sea fishing) in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 M15 to, the 1972 Act.