The Sea Fishing (Enforcement and Miscellaneous Provisions) Order 2015

Statutory Instruments

2015 No. 191

Sea Fisheries, England And Wales

Sea Fisheries, Northern Ireland

The Sea Fishing (Enforcement and Miscellaneous Provisions) Order 2015

Made

8th February 2015

Laid before Parliament

12th February 2015

Laid before the National Assembly for Wales

12th February 2015

Coming into force

6th March 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.

Marginal Citations

M1 The Welsh zone is defined in section 158(1) of the Government of Wales Act 2006 (c.32), as amended by section 43(1) and (2) of the Marine and Coastal Access Act 2009 (c.23). The boundaries of the Welsh zone were specified in S.I. 2010/760. Article 5(3)(a) of S.I. 2010/2690 provides that the designation of the Welsh Ministers applies in relation to Wales and the Welsh zone.

M2 1981 c.29. See section 30(3) for the definition of “the Ministers”.

M3 Section 30(2) provides for the Ministers to make provision for the enforcement of enforceable Community restrictions and obligations relating to sea fishing. The function of the Ministers under section 30(2) of the Fisheries Act 1981 (“the 1981 Act”) in relation to Wales was transferred to the National Assembly for Wales and then transferred from that body to the Welsh Ministers: see article 2(a) of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and paragraph 30 of Schedule 11 to the Government of Wales Act 2006. In so far as that function was exercisable in relation to the Welsh zone, it has been transferred to the Welsh Ministers by article 4(1)(e) of the Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760). The function under section 30(2) exercisable in relation to the Northern Ireland zone and Northern Ireland fishing boats outside that zone remains exercisable by the Ministers despite being transferred to the Department of Agriculture and Rural Development in Northern Ireland under article 3(2) of, and paragraph 3(1) of Schedule 2 to, the Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790): see paragraph 3(2) of Schedule 2 to that Order. Any remaining functions of the Secretaries of State concerned with sea fishing in Scotland and Wales under section 30(2) of the 1981 Act were transferred to the Minister of Agriculture, Fisheries and Food: see article 2(1) of, and the Schedule to, the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812). The function of that Minister and the Secretary of State concerned with sea fishing in Northern Ireland acting jointly under section 30(2) was transferred to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with sea fishing in Northern Ireland acting jointly: see article 2(5) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794). The function of the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with sea fishing in Northern Ireland was transferred to the Secretary of State by article 3(1)(d) of the Transfer of Functions (Sea Fisheries) Order 2012 (S.I. 2012/2747).

M4 1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

M5 The Secretary of State is designated in relation to the common agricultural policy by S.I. 1972/1811. The Welsh Ministers are designated in relation to the common agricultural policy by S.I. 2010/2690. The function of the former Minister of Agriculture of making regulations under section 2(2) was transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order (S.I. 2002/794).

M6 The Secretary of State is designated in relation to the environment by S.I. 2008/301. The Welsh Ministers are designated in relation to the conservation of natural habitats and of wild fauna by S.I. 2002/248, amended by S.I. 2006/3329 and 2011/1043. The designation is subject to the exceptions set out in Schedule 2 to that Order. That Order continues to have effect, and the functions conferred on the National Assembly for Wales by means of that Order are now exercisable by the Welsh Ministers, by virtue of paragraphs 28(1) and 30 of Schedule 11 to, the Government of Wales Act 2006.

M7 S.I. 2005/1605, amended by S.I. 2009/1309.

M8 S.I. 2007/1842, to which there are amendments not relevant to these Regulations.

M9 S.I. 2008/691.

M10 OJ No. L 286, 29.10.2008, p. 1, as last amended by Commission Regulation (EU) No. 202/2011 (OJ No. L 57, 2.3.2011, p. 10).

M11 OJ No. L280, 27.10.2009, p.5, as last amended by Commission Implementing Regulation (EU) N.865/2013 (OJ No. L 241, 10.9.2013, p.1).

M12 OJ. No L343, 22.12.2009, p.1, as last amended Regulation (EU) No. 508/20144 (OJ) N. L 149, 20.5.2014, p.1).

M13 OJ No. L 112, 30.4.2011, p. 1, as corrected by a corrigendum (OJ No. L 328, 10.12.2011, p. 58).

M14 OJ No. L 354, 28.12.2013, p. 22, as amended by Council Regulation (EU) No. 1385/2013 (OJ No. L 354, 28.12.2013, p. 86).

M15 Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and by S.I. 2007/1388.