LegalizeThe Sea Fishing (Prohibition on the Removal of Shark Fins) Order 2007
Made: 1st September 2007
Laid before Parliament: 5th September 2007
Coming into force: 1st October 2007
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Citation and commencement
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Extent and application
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Interpretation
3
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Offences
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Penalties
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Recovery of fines
6
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Powers of British sea-fishery officers in relation to fishing boats
7
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Powers of British sea-fishery officers on land
8
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Warrants to enter premises
9
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Powers of British sea-fishery officers to seize fish and fishing gear
10
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Protection of officers
11
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Obstruction of officers
12
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Provisions as to offences
13
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Admissibility of documents in evidence
14
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SCHEDULE — SPECIFIED COMMUNITY PROVISIONS, CONTRAVENTION OF WHICH CONSTITUTES AN OFFENCE
| Column 1 | Column 2 |
|---|---|
| Regulation Provision | Summary Description of Subject Matter |
| 1. Article 3.1 | The prohibition on the removal or retention of shark fins on board vessels and the transhipment or landing of shark fins (unless permitted by a special fishing permit as specified in Article 4.1). |
| 2. Article 3.2 | The prohibition on the purchase, offer for sale or selling of shark fins which have been removed or retained on board or transhipped or landed in contravention of Article 3.1. |
| 3. Article 4.3 | Prohibition on the discard at sea of the remaining parts of a shark (except those parts resulting from basic processing operations) by those holding a special fishing permit as specified in Article 4.1. |
| 4. Article 4.4 | Prohibition on the retention of fins where the weight of the fins exceeds the theoretical weight of the fins that would correspond to the remaining parts of sharks retained on board, transhipped or landed by vessels holding a special fishing permit. |
| 5. Article 5.1 | Requirement on masters holding special fishing permits to keep records of the weight of shark fins and the remaining parts of sharks retained on board, transhipped or landed. Requirement on masters holding special fishing permits to keep logbook records, with valid landing, transhipment and sales documentation, where the shark catch is not landed as a whole. |
| 6. Article 5.2 | Requirements on those persons with special fishing permits wishing to land shark fins or remaining parts of sharks outside Community ports to notify relevant details to the authorities of their flag state and to the competent authorities of the State to be landed in at least 72 hours before estimated time of arrival at the port of landing. |
Signed
Phil Woolas — Minister of State — Department for Environment, Food and Rural Affairs — 29th August 2007
Paul Goggins — Minister of State — Northern Ireland Office — 1st September 2007
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order makes provision for the enforcement of Community restrictions and other obligations relating to the removal of shark fins on board vessels as set out in Council Regulation (EC) No. 1185/2003 on the removal of fins of sharks on board vessels (OJ No L167, 04.07.2003, p.1).
This Order applies to English and Welsh fishing boats wherever they are, except when they are within the territorial sea adjacent to Wales, and to all other boats in British fishery limits, excluding the Scottish zone, the Northern Ireland zone, the territorial sea adjacent to Wales and the territorial seas of the Isle of Man and the Channel Islands.
Article 4 of the Order creates offences in respect of breaches of those Articles of the Regulation referred to in column 1 of the Schedule to the Order. Penalties are specified for such offences in article 5. Provision is made for the recovery of fines in article 6.
The Order confers powers of enforcement on British sea-fishery officers (articles 7, 8 and 10). Article 9 allows a justice of the peace to issue warrants for entry to premises. Article 11 makes provision for the protection of British sea-fishery officers and their assistants and article 12 provides for offences and penalties should they be obstructed in the course of their investigations under this Order. Article 13 makes provision in respect of offences by bodies corporate, partnerships and unincorporated associations. Article 14 allows for the admissibility in evidence of records compiled for the purposes of Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the common fisheries policy (OJ No L261, 20.10.93, p.1).
An Impact Assessment in relation to this Order has been prepared and placed in the library of each House of Parliament. Copies can be obtained from Defra, Sea Fisheries Conservation Division, Area 7B, 3-8 Whitehall Place, London SW1A 2HH.
Footnotes
[^f00001]: 1981 c.29. See section 30(3) for the definitions of “enforceable Community restriction”, “enforceable Community obligation” and “the Ministers”, as modified by Schedule 2, paragraph 68(5) of the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999 (S.I.1999/1820).
[^f00002]: Article 3(1) of and Schedule 1 to the Scotland Act 1998 (Concurrent Functions) Order 1999 (S.I. 1999/1592) provide for the functions exercisable under section 30(2) of the 1981 Act to be exercised by the Ministers, concurrently with Scottish Ministers, in relation to: British fishing boats (other than Scottish ones) within the Scottish zone and Scottish fishing boats within British fishery limits but outside the Scottish zone. By virtue of article 2(a) of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the functions exercisable under section 30(2) of the 1981 Act were transferred to the National Assembly in so far as exercisable in relation to Wales (defined in section 155(1) of the Government of Wales Act 1998 (c.38) as including “the sea adjacent to Wales out as far as the seaward boundary of the territorial sea”); in respect of waters beyond Wales these functions remain exercisable by the Ministers. By virtue of article 2(1) of the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812) any remaining functions of the Secretaries of State for Scotland and Wales under section 30(2) of the 1981 Act were transferred to the Minister of Agriculture, Fisheries and Food. The functions of the Minister of Agriculture, Fisheries and Food and one or more named Secretaries of State (however described) acting jointly were transferred to the Secretary of State for Environment, Food and Rural Affairs and one or more Secretaries of State acting jointly by virtue of article 2(5) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794). The Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790) Schedule 2 paragraph 3, provides that the function in section 30(2) of the 1981 Act is to be exercised concurrently by the Department for Agriculture and Rural Development insofar as it relates to sea fishing within the Northern Ireland zone and to Northern Ireland fishing boats outside that zone.
[^f00003]: As referred to in section 158(1) of the Government of Wales Act 2006 (c.32).
[^f00004]: As defined by section 1 of the Fishery Limits Act 1976 (c.86).
[^f00005]: See section 1(5) of the Territorial Sea Act 1987 (c.49) (as extended to Jersey by S.I. 1997/278, as amended by S.I. 2002/250, and to the Isle of Man by S.I. 1991/1722).
[^f00006]: 1995 c.21.
[^f00007]: 1998 c.47.
[^f00008]: 1998 c.46.
[^f00009]: OJ No L167, 04.07.2003, p. 1.
[^f00010]: Subsection 30(2A) was inserted by the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999, SI 1999/1820.
[^f00011]: 1980 c.43; section 78 was amended by sections 37 and 46 of the Criminal Justice Act 1982 (c.48).
[^f00012]: S.I. 1981/1675 (NI 26).
[^f00013]: 1995 c.46.
[^f00014]: OJ No. L261, 20.10.93, p.1, as last amended by Council Regulation 1954/2003 of 4 November 2003.
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Editorial notes
[^key-4c120a429f20593840a817c13529c9b6]: Order revoked (6.3.2015) by The Sea Fishing (Enforcement and Miscellaneous Provisions) Order 2015 (S.I. 2015/191), art. 1(1), Sch.
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