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The Sea Fishing (Enforcement and Miscellaneous Provisions) Order 2015
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- UK Statutory Instruments
- 2015 No. 191
- Explanatory Note
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Explanatory Note
(This note is not part of the Order)
This Order extends to England and Wales and, except for articles 3 and 4, to Northern Ireland. The revocation of the British Fishing Boats Act 1983 (Guernsey) Order 1985 (S.I. 1985/1203) and the Undersized Lobsters Order 2000 (S.I. 2000/1503) extend to the Bailiwick of Guernsey. The Order makes amendments to instruments relating to the enforcement of EU obligations and restrictions relating to sea fishing. It also revokes a number of instruments.
Following amendments made to section 30(1) of the Fisheries Act 1981 (c.29) (“the 1981 Act”) by section 293 of the Marine and Coastal Access Act 2009 (c.23), a breach of enforceable EU restrictions and obligations relating to sea fishing is an offence in England and Wales under section 30(1) of the 1981 Act. Accordingly, instruments which enforce EU restrictions and obligations relating to sea fishing are revoked by this Order for England and Wales (article 8 and the Schedule, which also revoke other obsolete instruments).
Article 2 designates the Marine Management Organisation, the Welsh Ministers and the Department of Agriculture and Rural Development in Northern Ireland as competent authorities for various purposes of Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (OJ No. L 343, 22.12.2009, p. 1), and of Commission Implementing Regulation (EU) No. 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No. 1224/2009 (OJ No. L 112, 30.4.2011, p. 1).
Article 3 confers powers as to the recovery of fines by courts imposing fines on persons convicted of an offence under section 30(1) of the 1981 Act or under an order made under section 30(2) of the 1981 Act.
Articles 4 to 6 amend the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 (S.I. 2005/1605), the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 (S.I. 2007/1842) and the Tope (Prohibition of Fishing) Order 2008 (S.I. 2008/691), updating references to relevant EU legislation.
Article 7 and the Schedule revoke 57 instruments in their entirety and 5 partially with (in some cases) specified limits of territorial extent.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.
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