LegalizeThe Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000
Made: 29th March 2000
Coming into force: 1st April 2000
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Title, commencement and application
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Interpretation
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Offences
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Penalties
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Recovery of fines
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Powers of British sea-fishery officers in relation to fishing boats
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Powers of British sea-fishery officers on land
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Powers of British sea-fishery officers to seize fish and fishing gear
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Protection of officers
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Obstruction etc.
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Provisions as to offences and proceedings
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Admissibility in evidence of logbooks and other documents
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Revocation
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SCHEDULE — COMMUNITY CONTROL MEASURES, CONTRAVENTION OF WHICH CONSTITUTES AN OFFENCE
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
|---|---|---|---|---|
| Community Provision | Detailed Rules | Subject Matter | Maximum fine on summary convictions | Persons liable |
| 1. Regulation 1382/87 | ||||
| (a) Article 3.1 | Requirement to stop, manoeuvre or carry out other actions to facilitate boarding. | The Statutory Maximum. | The master, the owner, the charterer (if any) and any other person responsible for the vessel. | |
| (b) Article 3.2 and Annex II | Provision of boarding ladder. | The Statutory Maximum. | The master, the owner, the charterer (if any) and any other person responsible for the vessel. | |
| (c) Article 3.3 | Use of communications equipment and operator thereof. | The Statutory Maximum. | The master, the owner, the charterer (if any) and any other person responsible for the vessel. | |
| 2. Regulation 2847/93 | ||||
| (a) Article 4.2 | Requirement to co-operate in facilitating inspections of fishing vessels, premises and transport vehicles. | The Statutory Maximum. | The master, the owner, the charterer (if any) and any other person responsible for the vessel or, as the case may be, the person responsible for the premises or vehicle. | |
| (b) Article 6 | Article 1 of and Annexes I, II, IIa, IV, V, VI and VII to Regulation 2807/83 | Requirement to keep a logbook in computer readable form or on paper, for fishing boats of 10 metres or more, and submit it to the flag Member State, and the Member State of landing, if different, within 48 hours of landing | £50,000 | The master, the owner and the charterer (if any). |
| (c) Article 7 | Requirement for a Community fishing boat wishing to land catches into a Member State other than the flag state to-comply with the requirements of any designated ports scheme established in accordance with article 38 of Regulation 2847/93 by the Member State in whose zone it is intended to land; oror, if no such scheme has been established, to give at least 4 hours advance notification (or 2 hours where Article 1 of Regulation 728/1999[^f00028] applies) to the control authority of the Member State in whose zone it is intended to land fish of — | £50,000 | The master, the owner and the charterer (if any). | |
| (c) Article 7 | landing location and estimated time of arrival there; and | £50,000 | The master, the owner and the charterer (if any). | |
| (c) Article 7 | quantities of each species to be landed. | £50,000 | The master, the owner and the charterer (if any). | |
| (d) Article 8.1 | Article 2 of, and Annexes, I, IIa, III, IV and V to, Regulation 2807/83. | Requirement to submit, after each trip and within 48 hours of landing, to the flag Member State and the Member State of landing, for vessels of 10 metres or more, a landing declaration of quantities of each species and area where caught. | £50,000 | The master, his representative, the owner and the charterer (if any). |
| (e) Article 9.1 as read with Article 9.5 | Requirement, where first marketing of fishery products is carried out by an auction centre or authorised body /person, to submit a completed sales note within 48 hours of sale. | £50,000 | The first seller of the fish. | |
| (f) Article 9.2 as read with Articles 9.3, 9.4, 9.4b, 9.5 and 13 | Requirement, where first marketing of fishery products is carried out other than in accordance with Article 9.1 of Regulation 2847/93, to submit—a completed sales note (when products have been sold or are offered for sale at place of landing); ora copy of a transport document (when the products are offered for sale at a location other than place of landing); ora completed take-over declaration (when products are not offered for sale or are intended for sale at a later date),before the products are collected. | £50,000 | As regards the requirement to submit—a completed sales note, the buyer of the fish;a transport document, the transporter of the fish;a completed take-over declaration, the owner of the fish and his agent (if any). | |
| (g) Article 9.5 as read with Article 9.2 | Requirement — | As regards the requirement to submit— | ||
| (g) Article 9.5 as read with Article 9.2 | to submit a sales note within 48 hours of landing or first marketing of products (except where the sales note must be submitted before the products are collected) and append where required a copy of the transport document relating to the products; | £50,000 | a sales note, the buyer of the fish; | |
| (g) Article 9.5 as read with Article 9.2 | to submit a take-over declaration within 48 hours of landing of products (except where the take-over declaration must be submitted before the products are collected); | £50,000 | a take-over declaration, the owner of the fish and his agent (if any); | |
| (g) Article 9.5 as read with Article 9.2 | where products are first marketed in a Member State other than that in which they were landed, to transmit, within 48 hours following the products being landed, a copy of the transport document to the competent authorities of the Member State in which first marketing takes place. | £50,000 | a transport document, the transporter of the fish. | |
| (h) Article 11 | Requirement in respect of any trans-shipping vessel, receiving vessel and third country vessel to keep and notify details of trans-shipments anywhere and landings of specified stocks outside Community territory. | £50,000 | The master, the owner and the charterer (if any). | |
| (i) Article 12 | Requirements to keep and notify within 15 days of the catch, the details required under Articles 8 and 11 of Regulation 2847/93 where trans-shipment or landing will take place more than 15 days after the catch. | £50,000 | The master, the owner and the charterer (if any). | |
| (j) Article 13 | Where the fisheries products are transported outside the compound of the port of landing or place of import —(and first sale has not taken place) requirement to provide completed transport document and ensure it accompanies fisheries products until time of first sale;(and where the goods have been declared as sold in accordance with Article 9 of Regulation 2847/93) requirement to prove at all times by means of documentary evidence that sales transaction has taken place. | £50,000 | The transporter of the fish. | |
| (k) Article 17.2 | Articles 1 and 2 of, and Annexes I, II, IIa, IV, V, VI and VII to Regulation 2807/83 | In respect of catches made outside Community waters, requirement to— | The master, the owner and the charterer (if any). | |
| (k) Article 17.2 | Articles 1 and 2 of, and Annexes I, II, IIa, IV, V, VI and VII to Regulation 2807/83 | keep a logbook recording catches; and | £50,000 | The master, the owner and the charterer (if any). |
| (k) Article 17.2 | Articles 1 and 2 of, and Annexes I, II, IIa, IV, V, VI and VII to Regulation 2807/83 | submit a landing declaration to flag Member State, and the Member State of landing, if different, when landing made at a Community port; and | £50,000 | The master, the owner and the charterer (if any). |
| (k) Article 17.2 | Articles 1 and 2 of, and Annexes I, II, IIa, IV, V, VI and VII to Regulation 2807/83 | submit details of trans-shipments on to third country fishing boats or of landings in third countries | £50,000 | The master, the owner and the charterer (if any). |
| (l) Article 19a.2 | Prohibition from carrying out of fishing activities in the areas specified in Article 19a.1 and 19a.1a of Regulation 2847/93 in relation to Community fishing boats exceeding 15 metres (or to the extent applicable in consequence of paragraph 12 of Annex XVII, equal to or greater than 10 metres) in length between perpendiculars or over 18 metres in overall length which have not been authorised by Member States in accordance with Articles 2, 3.5 and 9 of Council Regulation (EEC) No. 685/95 on the management of the fishing effort relating to certain Community fishing areas and resources[^f00029] or Article 2 of Council Regulation (EC) No. 779/97 introducing arrangements for the management of fishing effort in the Baltic Sea[^f00030]. | £50,000 | The master, the owner and the charterer (if any). | |
| (m) Articles 19b and 19c | Article 3a of, and Annexes VIIIa and VIIIb of Regulation 2807/83 and Regulation 1449/98 | Requirement in relation to Community fishing boats exceeding 15 metres (or to the extent applicable in consequence of paragraph 12 of Annex XVII, equal to or greater than 10 metres) in length between perpendiculars or over 18 metres in overall length authorised to carry out fishing activities directed at demersal species to complete an effort report containing the information prescribed in Article 19b of Regulation 2847/93 as read with Regulation 1449/98 — | The master, his representative, the owner and the charterer (if any). | |
| (m) Articles 19b and 19c | Article 3a of, and Annexes VIIIa and VIIIb of Regulation 2807/83 and Regulation 1449/98 | by one of the methods prescribed in Article 19c.1 (as read with Article 19c.3) of Regulation 2847/93 or, in the case of boats carrying out fishing activities in the waters of the State in which they are registered, in accordance with arrangements adopted under Article 19c.2, second indent, of Regulation 2847/93; | £50,000 | The master, his representative, the owner and the charterer (if any). |
| (m) Articles 19b and 19c | Article 3a of, and Annexes VIIIa and VIIIb of Regulation 2807/83 and Regulation 1449/98 | to communicate it to the authorities prescribed in Article 19c.1 of Regulation 2847/93; | £50,000 | The master, his representative, the owner and the charterer (if any). |
| (m) Articles 19b and 19c | Article 3a of, and Annexes VIIIa and VIIIb of Regulation 2807/83 and Regulation 1449/98 | at the time or times prescribed in Article 19c.1 of Regulation 2847/93 or —in the case of boats conducting trans-zonal fisheries as defined in Article 19b.2, prescribed in Article 19b.2 and 19c.2, first indent, of Regulation 2847/93;in the case of boats spending less than 72 hours at sea, prescribed in Article 19c.2, third indent, of Regulation 2847/93 (including the requirement in such case to notify changes occurring in the information provided in the report). | £50,000 | The master, his representative, the owner and the charterer (if any). |
| (n) Article 19e.1 and 19e.2 | Article 1a of, and Annexes I, IVa and VIa to, Regulation 2807/83 | Requirement in relation to Community fishing boats exceeding 15 metres (or to the extent applicable in consequence of paragraph 12 of Annex XVII, equal to or greater than 10 metres) in length between perpendiculars or over 18 metres in overall length to record in logbooks the information (as regards time spent at sea) prescribed in article 19e.1 of Regulation 2847/93 or, in the case of boats conducting trans-zonal fisheries as defined in Article 19b.2 of Regulation 2847/93, prescribed in Article 19e.2 of Regulation 2847/93. | £50,000 | The master, the owner and the charterer (if any). |
| (o) Article 19e.3 | Article 1a of, and Annexes I, IVa, and VIa to, Regulation 2807/83 | Requirement in relation to Community fishing boats exceeding 15 metres (or to the extent applicable in consequence of paragraph 12 of Annex XVII, equal to or greater than 10 metres) in length between perpendiculars or over 18 metres in overall length authorised to carry out fishing activities directed at demersal species to record in logbooks an effort report containing the information prescribed in Article 19b of Regulation 2847/93. | £50,000 | The master, the owner and the charterer (if any). |
| (p) Article 20.1 | Requirement to stow nets, when not in use, in Community fishing boats. | The Statutory Maximum | The master, the owner and the charterer (if any). | |
| (q) Article 20.2 | Requirement in relation to Community fishing boats to record in log books and landing declarations all changes in mesh size and catch composition at moment of change. | £50,000 | The master, the owner and the charterer (if any). | |
| (r) Article 20a | Requirements relating to carriage, use and stowage of gear in Community fishing boats exceeding 15 metres in length between perpendiculars or over 18 metres in overall length carrying out fishing activities in the areas specified in Article 19a.1 of Regulation 2847/93. | The Statutory Maximum. | The master, the owner and the charterer (if any). | |
| (s) Article 21c.2 | Prohibition in relation to fishing boats of a Member State from carrying out fishing activities in a fishery from the date, fixed by the Commission of the European Communities, on which the maximum fishing effort of that State for that fishery is deemed to have been exhausted. | £50,000 | The master, the owner and the charterer (if any). | |
| (t) Article 28.2a | Requirement, where fisheries products offered for sale, stocked or transported are of a size smaller than the minimum size set for that species pursuant to Article 4 of Regulation 3760/92, to prove geographic area of origin or aquaculture provenance of products. | The Statutory Maximum. | The person responsible for selling, stocking or transporting the fish. | |
| (u) Article 28b.1 | Prohibition of catching, retaining on board or processing of fishery products by third country fishing boats unless licensed and issued with special fishing permits issued in accordance with Article 9 of Council Regulation (EC) 1627/94[^f00031]. | £50,000 | The master, the owner and the charterer (if any). | |
| (v) Article 28c | Requirement for third country fishing boats operating in the Community fishing zone — | The master, the owner and the charterer (if any). | ||
| (v) Article 28c | to record information referred to in Article 6 of Regulation 2847/93 in a logbook; | £50,000 | The master, the owner and the charterer (if any). | |
| (v) Article 28c | to comply with a system for reporting catches retained on board; | £50,000 | The master, the owner and the charterer (if any). | |
| (v) Article 28c | to comply with the instructions of the authorities responsible for monitoring and inspections; | The Statutory Maximum | The master, the owner and the charterer (if any). | |
| (v) Article 28c | to comply with the rules on the marking and identification of fishing vessels and their gear. | The Statutory Maximum | The master, the owner and the charterer (if any). | |
| (w) Article 28d | Prohibition in relation to third country fishing boats of fishing for and retention on board, trans-shipment and landing of, stock subject to quota from the date, fixed by the Commission of the European Communities, on which the quota for such stock is deemed to have been exhausted. | £50,000 | The master, the owner and the charterer (if any). | |
| (x) Article 28e | Requirement for a third- country fishing boat wishing to land catches into a Member State | The master, his representative, the owner and the charterer (if any). | ||
| (x) Article 28e | to give at least 72 hours advance notification to the control authority of the Member State in whose zone it is intended to land fish of — | The master, his representative, the owner and the charterer (if any). | ||
| (x) Article 28e | their time of arrival at the port of landing, | £50,000 | The master, his representative, the owner and the charterer (if any). | |
| (x) Article 28e | the catches retained on board, | £50,000 | The master, his representative, the owner and the charterer (if any). | |
| (x) Article 28e | the zone or zones where the catch was made; | £50,000 | The master, his representative, the owner and the charterer (if any). | |
| (x) Article 28e | to obtain authorisation from competent authority of Member State before landing operations are commenced. | £50,000 | The master, his representative, the owner and the charterer (if any). | |
| (y) Article 28f | Requirement for third country fishing boats to submit, within 48 hours of landing, to the competent authority of the Member State in which the fishery products have been landed, a declaration stating—the quantity of fishery products landed by species; andthe date and place of each catch. | £50,000 | The master, his representative, the owner and the charterer (if any). |
Signed
Signed on behalf of the National Assembly for Wales under section 66 of the Government of Wales Act 1998
D. Elis Thomas — The Presiding Officer — 2000-03-29
Explanatory note
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Footnotes
[^f00001]: 1981 c. 29. See section 30(3) for the definitions of “enforceable Community restriction” (“cyfyngiad Cymunedol gorfodadwy”), “enforceable Community obligation” (“rhwymedigaeth Cymunedol gorfodadwy”) and “the Ministers”, (“y Gweinidogion”) as modified by Schedule 2 paragraph 68(5) of the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999 (S.I. 1999/1820). Article 3(1) and Schedule 1 of 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 relevant British fishing boats within the Scottish zone; and, Scottish fishing boats within British fishery limits but outside the Scottish zone (for “the Scottish zone” see section 126 of the Scotland Act 1998 (c. 46) and the Scottish Adjacent Waters Boundaries Order 1999 (S.I. 1999/1126)).
[^f00002]: By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/ ), the functions of the Minister of Agriculture Fisheries and Food, and the Secretaries of State respectively concerned with sea fishing in Wales, Scotland and Northern Ireland under section 30(2) of the Fisheries Act 1981 (c. 29) were, so far as they were exercisable in relation to Wales, transferred to the National Assembly for Wales.
[^f00003]: OJ No. L276, 10.10.83, p.1.
[^f00004]: OJ No. L53, 25.2.89, p.34.
[^f00005]: OJ No. L308, 21.12.95, p.18.
[^f00006]: OJ No. L50, 20.2.98, p.17.
[^f00007]: OJ No. L196, 14.7.98, p.3.
[^f00008]: OJ No. L328, 22.12.99, p.54.
[^f00009]: OJ No. L132, 21.5.87, p.11.
[^f00010]: OJ No. L261, 20.10.93, p.1.
[^f00011]: OJ No. L301, 14.12.95, p.1.
[^f00012]: OJ No. L301, 14.12.95, p.35.
[^f00013]: OJ No. L338, 28.12.96, p.12.
[^f00014]: OJ No. L102, 19.4.97, p.1.
[^f00015]: OJ No. L304, 7.11.97, p.1.
[^f00016]: OJ No. L356, 31.12.97, p.14.
[^f00017]: OJ No. L358, 31.12.98, p.5.
[^f00018]: OJ No. L192, 8.7.98, p.4.
[^f00019]: 1995, c. 21
[^f00020]: Inserted by the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999 (S.I. 1999/1820).
[^f00021]: 1998, c. 38.
[^f00022]: For the purposes of this Order “the territorial sea adjacent to Wales” shall be determined in accordance with the provisions of section 1 of the Territorial Sea Act 1987 (c. 47) and with any provisions made, or having effect as if made, under that section. The boundary between those parts of the sea within the Severn and Dee Estuaries which are to be treated as being territorial seas adjacent to Wales, and those which are not, shall in each case, be determined in accordance with Article 6 and Schedule 3 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).
[^f00023]: 1980 c. 43.
[^f00024]: S.I. 1981/1675 (N.I. 26).
[^f00025]: 1995 c. 46.
[^f00026]: S.I. 1994/451.
[^f00027]: S.I. 1996/2.
[^f00028]: Commission Regulation (EC) No. 728/1999 providing pursuant to Article 7(3) of Regulation 2847/93, for a notification period for Community fishing vessels carrying on fishing activities in the Baltic Sea, the Skagerrak and the Kattegat (OJ No. L 93, 8.41999, p.10).
[^f00029]: OJ No. L71, 31.3.95, p.5. The provisions laid down in Articles 2 and 3 of Regulation 685/95 apply only to vessels over 15 metres in length between perpendiculars. Under Article 19a.2 of Regulation 2847/93 vessels over 15 metres in length between perpendiculars are considered equivalent to vessels over 18 metres in overall length. Article 19f.3 of Regulation 2870/95 requires the Commission of the European Communities to ensure that Member States responsible for control have available data concerning identification of fishing boats having access to their waters.
[^f00030]: OJ No. L113, 30.4.97, p.1.
[^f00031]: Council Regulation (EC) No. 1627/94 laying down general provisions concerning special fishing permits (OJ No. L17, 6.7.94, p.7).
Editorial notes
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