The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations (Northern Ireland) 2005

Made: 6th September 2005

Coming into operation: 30th September 2005

The Department of Agriculture and Rural Development, being a Department designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Community[^f00001], and in exercise of the powers conferred upon it by section 2(2) of the European Communities Act 1972[^f00002], and every other power enabling it in that behalf makes the following Regulations:

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations (Northern Ireland) 2005 and shall come into operation on 30th September 2005.

• (2) These Regulations apply –

• (a) in Northern Ireland and the Northern Ireland zone; and

• (b) in relation to any Northern Ireland fishing boat wherever it is.

Interpretation

2

• (1) In these Regulations—

• ...[^f00003][^f00004]

• “British fishing boat” means a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995[^f00005] or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act;

• “the Control Regulation” means Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, as amended from time to time;

• “document” includes information recorded in any form;

• “equivalent provisions” means any provision in any other regulations made under section 2(2) of the European Communities Act 1972 for the purposes of implementing Chapter II of Title V , extending to any part of the United Kingdom, which has equivalent effect to any provision in these Regulations;

• “first sale fish” means fish being marketed for the first time;

• “fish” means fishery products landed from a fishing vessel to which the Control Regulation applies;

• “licensed fishing vessel” means a fishing vessel in respect of which a licence has been issued under section 4 of the Sea Fish (Conservation) Act 1967[^f00007] or under similar fisheries related provisions by a member State or by the appropriate authorities in the Channel Islands, Isle of Man or another country;

• “Northern Ireland fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;

• “PLN” means a vessel’s port number within the meaning of regulation 31 of the Merchant Shipping (Registration of Ships) Regulations 1993[^f00008];

• “registered fish buyer” means a person who is registered by the Department of Agriculture and Rural Development in accordance with regulation 7;

• “registered fish seller” means a person who is registered by the Department of Agriculture and Rural Development in accordance with regulation 3;

• “Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998[^f00009];

• “the Department” means the Department of Agriculture and Rural Development.

• (2) In these Regulations, any reference to a fish seller shall include—

• (a) an agent who sells fish on behalf of the seller; and

• (b) an auction trader.

• (3) Terms used in these Regulations which are not defined in paragraph (1) or (2) and which appear in the Control Regulation have the same meaning in these Regulations as they have for the purposes of the Control Regulation.

• (4) In these Regulations, a reference to an Article means an Article of the Control Regulation, and a reference to Chapter II of Title V means Chapter II of Title V of the Control Regulation.

• (5) The Interpretation Act (Northern Ireland) 1954, except section 20(2) and (3), applies to these Regulations as it applies to an Act of the Assembly.

Registration of fish sellers

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• (1) A registered fish seller is authorised for the purposes of Chapter II of Title V (control of marketing: post-landing activities) , insofar as he sells first sale fish by any form of competitive bidding at a designated auction site either on his own behalf or as the seller’s agent.

• (2) Any person may apply, using such form as the Department may prescribe, to the Department to be registered as a fish seller.

• (3) An applicant for registration as a fish seller shall include with his application a statement of the facilities and the proposed methods of operation he intends to use and of the place where he intends to maintain his records of sales of first sale fish.

• (4) In considering an application for registration the Department shall take into account whether the statement as to the facilities and proposed methods of operation of the fish seller, and of the place where he intends to maintain his records of sales of first sale fish, are such as to assist compliance by the fish seller with A Articles 59, 62, 63, 64, 66 and 67 and these Regulations.

• (5) The Department shall notify an applicant in writing of its decision on an application made to her in accordance with this regulation.

• (6) Where the Department grants a registration the Department shall specify the conditions, listed at Schedule 1, subject to which the registration is granted.

• (7) The Department shall publish a list of registered fish sellers in such manner as it sees fit.

• (8) The registration of a fish seller may be suspended where, in the view of the Department, the registered fish seller has not —

• (a) complied with a condition of registration; or

• (b) complied with any requirement of Article 59, 62, 63, 64, 66 or 67 or these Regulations.

• (9) Any person who knowingly or recklessly makes a false statement for the purposes of an application under this regulation is guilty of an offence.

• (10) Any registered fish seller who sells first sale fish in breach of a condition of his registration is guilty of an offence.

Sale of fish by unregistered seller

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Any person who—

• (a) sells first sale fish by any form of competitive bidding at a designated auction site, either on his own behalf or as an agent of the seller; and

• (b) is not a registered fish seller,

is guilty of an offence.

Maintenance of records by registered fish seller

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• (1) A registered fish seller shall maintain records, of each sale of first sale fish that he makes, at the place notified to the Department in accordance with these Regulations.

• (2) The records referred to in this regulation shall include all of the following information in relation to each sale—

• (a) date and location of the sale;

• (b) quantities of each species sold;

• (c) price paid for each species sold;

• (d) name and PLN of the vessel which landed the fish;

• (e) name, address and, where available, registration number of the buyer;

• (f) reference number of the contract of sale or invoice.

• (3) A registered fish seller shall keep the records of each sale, as required by this regulation, and at a place notified to the Department, for three years .

• (4) A registered fish seller shall make available for inspection at all reasonable times the records of sale of fish at the place notified to the Department.

• (5) A registered fish seller who does not operate his business from or is not established in the United Kingdom shall —

• (a) either—

• (i) nominate a place in the United Kingdom where his records will be made available to the Department until the end of the second year following the sale to which the records relate; or

• (ii) submit his records annually from the date of registration; and

• (b) submit his records within 28 days of a demand by the authorities.

• (6) A registered fish seller who does not operate his business from or is not established in the United Kingdom shall keep the records of each sale as required by this regulation until the end of the second calendar year following that sale.

• (7) A registered fish seller who fails to keep or make available the records as required by this regulation is guilty of an offence.

Designation of fish auction sites

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• (1) Any person may apply to the Department, using such form as she may prescribe, to have a place designated for the purposes of Chapter II of Title V as a fish auction site.

• (2) An applicant for designation shall include with his application a statement as to the facilities and proposed methods of operation he will use at the site.

• (3) In considering an application for designation the Department shall take into account whether the statement as to the facilities and proposed methods of operation at the site are such as to assist compliance with Chapter II of Title V Regulation and these Regulations.

• (4) The Department shall notify an applicant in writing of its decision on an application for designation made in accordance with this regulation.

• (5) Where the Department grants a designation it shall specify the conditions, listed at Schedule 2, subject to which the designation is granted.

• (6) The Department shall publish a list of designated fish auction sites in such a manner that it sees fit.

• (7) The designation of a site may be suspended where in the view of the Department—

• (a) a condition subject to which the designation was granted has not been complied with; or

• (b) the methods of operation and facilities at the site do not comply with the requirements of Chapter II of Title V or these Regulations.

• (8) Any person who knowingly or recklessly makes a false statement for the purposes of this regulation is guilty of an offence.

• (9) Any person who has control over a designated site, or part of a site, and breaches a condition of the site’s designation, is guilty of an offence.

• (10) In this regulation—

• “person who has control of a designated site” includes, in relation to the site or a part of the site, the owner of the site or that part, or his agent, or any person who exercises any control over or is in possession of the site or that part.

Registration of fish buyers

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• (1) For the purposes of Article 59 any person may apply to the Department to be registered as a fish buyer, using such form as the Department may prescribe.

• (2) An applicant for registration as a fish buyer shall include with his application a statement of the facilities and the proposed methods of operation he intends to use and of the place where he intends to maintain his records of purchases of first sale fish.

• (3) In considering an application the Department shall take into account whether the statement as to the proposed methods of operation of the fish buyer, and of the place where he intends to maintain his records of purchases of first sale fish, are such as to assist compliance by the fish buyer with A Articles 62, 63, 64, 66 and 67 and these Regulations.

• (4) The Department shall notify an applicant in writing of its decision on an application made to her in accordance with this regulation.

• (5) Where the Department grants a registration the Department shall specify the conditions, listed at Schedule 3, subject to which the registration is granted.

• (6) The Department shall publish a list of registered buyers in such manner that it sees fit.

• (7) The registration of a fish buyer may be suspended where, in the view of the Department, the registered fish buyer has not—

• (a) complied with a condition of registration; or

• (b) conducted his business in a manner that complies with the requirements of A Article 62, 63, 64, 66 or 67 or these Regulations.

• (8) Any person who knowingly or recklessly makes a false statement for the purposes of an application under this regulation is guilty of an offence.

• (9) Any registered fish buyer who fails to comply with a condition of his registration is guilty of an offence.

Purchase of fish by an unregistered buyer

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Any person who buys fish contrary to Article 59(2) is guilty of an offence, unless the exemption in Article 59(3) applies.

Maintenance of records by registered fish buyer

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• (1) A registered fish buyer shall maintain and make available for inspection records of every purchase of first sale fish that he makes.

• (2) The records referred to in this regulation shall include all of the following information in relation to each individual purchase—

• (a) date and location of the purchase;

• (b) quantity of each species purchased;

• (c) price paid for each species purchased;

• (d) name and PLN of the vessel which landed the fish;

• (e) name, address, and where available, the registration number of the seller;

• (f) reference number of the invoice or contract of sale.

• (3) A registered fish buyer shall keep the records of each purchase, as required by this regulation, and at the place notified to the authorities , for three years .

• (4) A registered fish buyer shall make available for inspection at all reasonable times the records of fish purchased at the place notified to the Department.

• (5) A registered fish buyer who does not operate his business from or is not established in the United Kingdom shall either—

• (a) nominate a place in the United Kingdom where his records will be made available to the authorities until the end of the second year following purchase; or

• (b) submit his records annually from the date of registration; and

• (c) submit his records within 28 days of a demand by the authorities.

• (6) A registered fish buyer who does not operate his business from the United Kingdom shall keep the records of each purchase as required by this regulation until the end of the second calendar year following that purchase.

• (7) A registered fish buyer who fails to keep, or to produce on the request by the relevant authority, the records required by this Regulation is guilty of an offence.

Sale of first sale fish landed from a licensed fishing vessel

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Any person who sells first sale fish which has been landed in the United Kingdom otherwise than by a licensed fishing vessel is guilty of an offence.

Purchase of first sale fish landed from a licensed fishing vessel

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• (1) Any person who buys first sale fish which has been landed otherwise than by a licensed fishing vessel is guilty of an offence.

• (2) In any proceedings for an offence under paragraph (1), it shall be a defence for a person to show that—

• (a) he did not know; and

• (b) it was reasonable for him not to suspect,

that the fish had not been landed by a licensed fishing vessel.

Penalties

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• (1) A person convicted of an offence under these Regulations shall be liable—

• (a) on summary conviction to a fine not exceeding the statutory maximum; or

• (b) on conviction on indictment, to a fine.

• (2) In addition to the penalties in paragraph (1), a court may also—

• (a) in relation to an offence under regulations 3(9), 3(10) or 5(7), order that the registration of the person convicted is revoked and that the person be disqualified from applying for registration under regulation 3, or be disqualified from applying for registration under regulation 3 for a specified period;

• (b) in relation to an offence under regulation 6(8) or 6(9), order that the designation of the site be revoked or order that the person convicted be disqualified from applying to have a site designated under regulation 6 or be disqualified from applying to have a site designated under that regulation for a specified period; and

• (c) in relation to an offence under regulations 7(8), 7(9) or 9(7)” , order that the registration of the person convicted is revoked and that he be disqualified from applying for registration under regulation 7 or be disqualified from applying for registration under that regulation for a specified period.

Powers of British sea-fishery officers in relation to fishing boats

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• (1) For the purpose of enforcing these Regulations or any equivalent provisions, any British sea-fishery officer may exercise the powers conferred by this regulation in relation to any fishing boat to which these Regulations apply.

• (2) The officer may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.

• (3) The officer may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this regulation and, in particular—

• (a) may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;

• (b) may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession;

• (c) for the purpose of ascertaining whether an offence under these Regulations or any equivalent provisions has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;

• (d) may inspect and take copies of any such document produced to him or found on board;

• (e) without prejudice to sub-paragraphs (c) and (d), may require the master and any person for the time being in charge of the boat to render all such documents on a computer system into a visible and legible form, including requiring any such document to be produced in a form in which it may be taken away; and