The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2000

Offences E+W

4.—(1) Where there is a contravention of, or failure to comply with–

(a) any provision of article 3 of this Order, or

(b) in respect of any fishing boat to which article 3 of this Order applies, Article 6.1 or 6.2 of Regulation 1489/97,

the owner, the charterer (if any) and the master shall be guilty of an offence.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Any person who in any way–

(a) changes, substitutes or replicates the identification of a satellite tracking device installed on a relevant British fishing boat; or

(b) removes the satellite tracking device from such a fishing boat;

without prior notification thereof to the National Assembly for Wales shall be guilty of an offence.

[F2 (4) Without limiting the generality of paragraph (3)(b), a satellite tracking device shall not be regarded as fully operational for the purpose of that sub-paragraph during any time when it is failing to operate in accordance with paragraph (5).

(5) A satellite tracking device installed on a fishing boat to which this article applies shall transmit the required information, in the format prescribed by Annex II to Regulation 1489/97, to a Fisheries Monitoring Centre—

(a) where the satellite tracking device is capable of being polled—

(i) at least every two hours; or

(ii) in a case for which a longer maximum interval is specified in Annex I to Regulation 1489/97, at intervals no longer than that maximum; or

(b) where the satellite tracking device is not capable of being polled, at least hourly.

(6) Neither of the following circumstances shall be treated as giving rise to a breach of the requirement in paragraph (3)(b)—

(a) where the device is switched off under the conditions permitted by Annex I to Regulation 1489/97 (stay in port of more than 48 hours, provided the next report is from the same position as the previous one);

(b) where the device is subject to a technical failure or non-function within the meaning of Article 6.2 of Regulation 1489/97 during a time when the fishing boat is either in port or in the course of a fishing trip authorised by that Article.

(7)  Throughout any time when—

(a) a relevant British fishing boat or a Scottish fishing boat to which this article applies is not in port, and

(a) the satellite tracking device installed on the boat is failing for any reason to operate in accordance with paragraph (5),

without prejudice to Article 6.1 of Regulation 1489/97 (requirement to communicate information to flag state and, if appropriate, coastal state monitoring centres by other means at least every 24 hours), the required information shall be communicated to the Fisheries Monitoring Centre of the United Kingdom by one of the means specified in that Article at least every two hours.]

Textual Amendments

F1 Art. 4(2) revoked (1.4.2002) by The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2000 Amendment Regulations 2002 (S.I. 2002/677), art. 5, reg. 1(1) (with reg. 1(2))

F2 Art. 4(4)-(7) substituted for art. 4(4) (1.4.2002) by The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2000 Amendment Regulations 2002 (S.I. 2002/677), art. 4(3), reg. 1(1)

Commencement Information

I1 Art. 4 in force at 7.4.2000, see art. 1(1)