(This note is not part of the Order)
This Order applies to England and within British fishery limits other than the Northern Ireland zone, the Scottish zone and the Welsh zone, and revokes the statutory instruments listed in Schedule 3, consolidating their provisions. The Order provides for the execution and enforcement of Article 5 of Regulation (EU) No. 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy, amending Council Regulations (EC) No. 1954/2003 and (EC) No. 1224/2009 and repealing Council Regulations (EC) No. 2371/2002 and (EC) No. 639/2004 and Council Decision 2004/585/EC(1).
By virtue of section 1(1) of the Act, British fishery limits extend to the seaward limits of any area for the time being designated as an exclusive economic zone by an Order in Council under section 41 of the Marine and Coastal Access Act 2009(2). The area of the exclusive economic zone is designated by the Exclusive Economic Zone Order 2013(3).
Article 3 designates countries specified in Schedule 1 for the purposes of section 2(1) of the Fishery Limits Act 1976(4) (“the Act”) and the areas in which fishing boats registered in any of those countries may fish within British fishery limits. Where any part of an area designated by the Order is not within those limits or is within an excluded area, the designation of an area by article 3(1)(b) will (by virtue of article 1(2)) only apply to that part of the area that is within those limits and is not within an excluded area.
Article 4 prescribes how, in the circumstances specified in section 2(4) of the Act, fishing gear is to be stowed on foreign fishing boats while within British fishery limits. Section 2(5) of the Act makes the master of a fishing boat guilty of an offence in the case of any contravention of section 2(2) to (4) of the Act, including any such contravention by virtue of a failure to comply with the requirements of article 4.
Article 5 revokes the instruments specified in Schedule 3, in so far as they apply in relation to England and within British fishery limits.
Article 6 requires the Secretary of State to carry out a periodic review of this Order.
A full impact assessment has not been produced for this instrument, as no, or no significant, impact on the private, voluntary or public sectors is foreseen. The Explanatory Memorandum is available at www.legislation.gov.uk.