The Sea Fishing (North-East Atlantic Control Measures) Order 2000
© Crown Copyright 2000 All Crown copyrights are reserved. The text is reproducible in all media
and formats and without restriction provided that the text is reproduced
accurately; is not used in a misleading manner; and is accompanied by the
following acknowledgement:
Crown copyright 2000
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints. The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Sea Fishing (North-East Atlantic Control Measures) Order 2000, ISBN 0 11 099608 9, £3.00 sterling. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles. SEA FISHERIES The Sea Fishing (North-East Atlantic Control Measures) Order 2000
INDEX
PART I Introductory and General
PART II Provisions forming part of the law of England and Wales and of Northern Ireland
PART III Provisions forming part of the law of Scotland
SCHEDULE:
The Minister of Agriculture, Fisheries and Food and the Secretaries
of State respectively concerned with sea fishing in Scotland, Wales and
Northern Ireland, in exercise of the powers conferred on them by section
30(2) of the Fisheries Act 1981[1]
and of all other powers enabling them in that behalf, hereby make the following
Order:
PART I INTRODUCTORY AND GENERAL Title, commencement and extent
(2) Subject to paragraph (3) -
(b) Part III shall form part of the law of Scotland only.
Interpretation
(2) In this Order -
(ii) the territorial sea adjacent to the Isle of Man; (iii) the territorial sea adjacent to the Bailiwick of Jersey; and (iv) seas within British fishery limits adjacent to Guernsey, as
defined by section 8 of the Fishery Limits Act 1976[8];
(ii) any photograph; (iii) any data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93, (iv) any disk, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and (v) any film (including microfilm), negative, tape, disk or other
device in which one or more visual images are recorded so as to be capable
(as aforesaid) of being reproduced therefrom.
(b) to a Community instrument is a reference to that instrument and
any amendment of such instrument in force on the date this Order is made.
Assignment of British sea-fishery officers to the Scheme
(2) For the purposes of any provisions relating to NEAFC inspectors in Part II of this Order such assignment shall be made by the Minister of Agriculture, Fisheries and Food; but that Minister may authorise the Scottish Ministers in writing to make such assignments on his behalf and any assignments made by those Ministers under any such authorisation shall have effect accordingly. (3) For the purposes of any provisions relating
to NEAFC inspectors in Part III of this Order such assignment shall be
made by the Scottish Ministers.
PART II PROVISIONS FORMING PART OF THE LAW OF ENGLAND AND WALES AND OF NORTHERN IRELAND Offences
(2) Where there is, in respect of any Community fishing vessel, other than a relevant British fishing boat, which is within relevant British fishery limits, a contravention of, or failure to comply with Article 24 of the Council Regulation, the master, the owner and the charterer (if any) shall each be guilty of an offence. (3) Where, in respect of -
(b) any Scottish fishing boat or foreign fishing boat which is within
relevant British fishery limits,
(ii) fails to comply with a requirement imposed by the competent
authorities in the United Kingdom, or a duly authorised officer, to proceed
to a designated port under Article 19.4,
(b) lands in England, Wales or Northern Ireland or tranships within
relevant British fishery limits regulated resources in breach of a notice
in writing served under article 7(9) of this Order,
Penalties
(b) on conviction on indictment to a fine.
(ii) in the case of an offence under article 4(4) or 13(4), not exceeding
£50,000;
(b) any net or other fishing gear used in committing the offence.
(5) A person shall not be liable to a fine under paragraph (4) in respect of an offence if, under paragraph (3), the court orders the forfeiture of the fish in respect of which the offence was committed; and where a fine is imposed under paragraph (4) in respect of any offence, the court shall not have power under paragraph (3) to order the forfeiture of the fish in respect of which the offence was committed. (6) Subject to paragraph (5), any fine to which a person is liable under paragraph (4) in respect of an offence shall be in addition to any other penalty (whether pecuniary or otherwise) to which he is liable in respect of that offence under this article or under any other enactment. Recovery of fines
(b) order such boat and its gear and catch to be detained for a period
not exceeding three months from the date of the conviction or until the
fine is paid or the amount of the fine is levied in pursuance of any such
warrant, whichever occurs first.
(3) Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981[10] (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc. and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles of that Order. (4) Where in relation to a fine in respect of an offence under Part II or III of this Order a transfer of fine order under section 90 of the Magistrates' Courts Act 1980, Article 95 of the Magistrates' Courts (Northern Ireland) Order 1981 or section 222 of the Criminal Procedure (Scotland) Act 1995[11] specifies a petty sessions area in England and Wales or a petty sessions district in Northern Ireland this article shall apply as if the fine were imposed by a court within that petty sessions area or petty sessions district. Powers of NEAFC inspectors and British sea-fishery officers in relation
to fishing boats
(2) For the purpose of enforcing the provisions of the Scheme and the Council Regulation, a British sea-fishery officer who is a NEAFC inspector may, subject to Article 14.1 of the Council Regulation, exercise the powers conferred by paragraphs (4) and (5) of this article, in relation to any foreign fishing boat within the Regulatory Area. (3) For the purpose of enforcing the provisions
of the Scheme, the Council Regulation and Parts II and III of this Order,
a British sea-fishery officer may exercise the powers conferred by paragraphs
(4) to (6) of this article -
(b) in respect of any Scottish fishing boat, any foreign fishing
boat or any non-Contracting Party vessel which is within relevant British
fishery limits.
(5) He 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 purposes mentioned in paragraphs
(1), (2) and (3) of this article and, in particular -
(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 infringement, a serious infringement or an offence under Part II or III of this Order 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 (f) where the boat is one in relation to which he has reason to suspect
that an infringement, a serious infringement, or an offence under Part
II or III of this Order has been committed, may seize and detain, or take
copies of, any such document produced to him or found on board for the
purpose of enabling the document to be used as evidence in any related
proceedings for an offence;
(6) Where it appears to him than an infringement,
a serious infringement or an offence under Part II or III of this Order
has at any time been committed, he may -
(b) detain or require the master to detain the boat in the port.
(b) in any other case, by a British sea-fishery officer.
(9) Where, in carrying out an inspection under Article 25 of the Council Regulation, a British sea-fishery officer is satisfied that a non-Contracting Party vessel is carrying on board regulated resources, he shall serve a notice in writing on the master of such vessel, or any person for the time being in charge of the vessel, prohibiting the landing in England, Wales and Northern Ireland and the transhipment within relevant British fishery limits of such resources. Powers of British sea-fishery officers to seize fish and fishing
gear
(b) any net or other fishing gear which he has reasonable grounds
to suspect has been used in the course of the commission of such an infringement,
serious infringement or offence.
9. A NEAFC inspector, a British sea-fishery officer or a person assisting him by virtue of article 7(4) of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 7 and 8 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care. Obstruction of officers
(b) without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or (c) assaults a British sea-fishery officer or anyone accompanying
that officer who is exercising any of the powers conferred on him by articles
7 and 8 of this Order or intentionally obstructs any such officer or person
in the exercise of any of those powers,
(ii) on conviction on indictment to a fine.
11. - (1) Where any offence under article 4 or (where proceedings are brought in England, Wales or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981) article 13 of this Order committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and liable to be proceeded against and published accordingly. (2) Where any offence under article 4 or (where proceedings are brought in England, Wales or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981) article 13 of this Order committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner or partnership manager, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly. (3) Where any offence under article 4 or (where proceedings are brought in England, Wales or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981) article 13 of this Order committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly. Admissibility in evidence of logbooks and other documents
(b) declaration submitted under Article 8.1, 11, 12, 17.2 or 28f of Regulation 2847/93; (c) document drawn up under Article 9 or 13 of Regulation 2847/93; (d) document containing required information received by a fisheries monitoring centre established under Article 3.7 of Regulation 2847/93; (e) document required to be kept in accordance with Article 5.2 of the Council Regulation; (f) catch report submitted under Article 6.1 of the Council Regulation,
(2) For the purpose of paragraph (1), "required
information" shall mean -
(b) the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude; and (c) the date and time of the fixing of that position,
PART III PROVISIONS FORMING PART OF THE LAW OF SCOTLAND Offences
(2) Where there is, in respect of any Community fishing vessel, other than a Scottish fishing boat, which is within the Scottish zone, a contravention of, or failure to comply with Article 24 of the Council Regulation, the master, the owner and the charterer (if any) shall each be guilty of an offence. (3) Where, in respect of -
(b) any relevant British fishing boat or foreign fishing boat which
is within the Scottish zone,
(ii) fails to comply with a requirement imposed by the competent
authorities in the United Kingdom, or a duly authorised officer, to proceed
to a designated port under Article 19.4,
(b) lands in Scotland or tranships within the Scottish zone regulated
resources in breach of a notice in writing served under article 16(7) of
this Order,
Penalties
(b) on conviction on indictment to a fine.
(ii) in the case of an offence under article 4(4) or 13(4), not exceeding
£50,000;
(b) any net or other fishing gear used in committing the offence.
(5) A person shall not be liable to a fine under paragraph (4) in respect of an offence if, under paragraph (3), the court orders the forfeiture of the fish in respect of which the offence was committed; and where a fine is imposed under paragraph (4) in respect of any offence, the court shall not have the power under paragraph (3) to order the forfeiture of the fish in respect of which the offence was committed. (6) Subject to paragraph (5), any fine to which a person is liable under paragraph (4) in respect of an offence shall be in addition to any other penalty (whether pecuniary or otherwise) to which he is liable in respect of that offence under this article or under any other enactment. Recovery of fines
(b) at any time after the imposition of the fine issue a warrant
for the arrestment and sale of any such boat, its gear and catch.
(3) A warrant issued under paragraph (1)(b) above, whatever the amount of the fine imposed, may be executed in the same manner as if the proceedings were on an extract decree of the sheriff in a summary cause. (4) Where in relation to a fine in respect of an offence under Part II or III of this Order a transfer of fine order under section 222 of the Criminal Procedure (Scotland) Act 1995, section 90 of the Magistrates' Courts Act 1980 or Article 95 of the Magistrates' Courts (Northern Ireland) Order 1981 specifies a court of summary jurisdiction in Scotland this article shall apply as if the fine were imposed by that court. Powers of NEAFC inspectors and British sea-fishery officers in relation
to fishing boats
(2) For the purpose of enforcing the provisions
of the Scheme, the Council Regulation and Parts II and III of this Order,
a British sea-fishery officer may exercise the powers conferred by paragraphs
(3) to (5) of this article -
(b) in respect of any relevant British fishing boat, any foreign
fishing boat or any non-Contracting Party vessel which is within the Scottish
zone.
(4) He 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 purposes mentioned in paragraphs
(1) and (2) of this article and, in particular -
(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 infringement, a serious infringement or an offence under Part II or III of this Order 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 (f) where the boat is one in relation to which he has reason to suspect
that an infringement, a serious infringement, or an offence under Part
II or III of this Order has been committed, may seize and detain, or take
copies of, any such document produced to him or found on board for the
purpose of enabling the document to be used as evidence in any related
proceedings for an offence;
(5) Where it appears to him that an infringement,
a serious infringement or an offence under Part II or III of this Order
has at any time been committed, he may -
(b) detain or require the master to detain the boat in the port.
(b) in any other case, by a British sea-fishery officer.
Powers of British sea-fishery officers to seize fish and fishing
gear
(b) any net or other fishing gear which he has reasonable grounds
to suspect has been used in the course of the commission of such an infringement,
serious infringement or offence.
18. A NEAFC inspector, a British sea-fishery officer or a person assisting him by virtue of article 16(3) of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 16 and 17 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care. Obstruction of officers
(b) without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or (c) assaults a British sea-fishery officer of anyone accompanying
that officer who is exercising any of the powers conferred on him by articles
16 and 17 of this Order or intentionally obstructs any such officer or
person in the exercise of any of those powers,
(ii) on conviction on indictment to a fine.
20. - (1) Where any offence under article 13 or (where proceedings are brought in Scotland by virtue of section 30(2A) of the Fisheries Act 1981) article 4 of this Order committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and liable to be proceeded against and punished accordingly. (2) Where any offence under article 13 or (where proceedings are brought in Scotland by virtue of section 30(2A) of the Fisheries Act 1981) article 4 of this Order committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner or partnership manager, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly. (3) Where any offence under article 13 or (where proceedings are brought in Scotland by virtue of section 30(2A) of the Fisheries Act 1981) article 4 of this Order committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly. Admissibility in evidence of logbooks and other documents
(b) declaration submitted under Article 8.1, 11, 12, 17.2 or 28f of Regulation 2847/93; (c) document drawn up under Article 9 or 13 of Regulation 2847/93; (d) document containing required information received by a fisheries monitoring centre established under Article 3.7 of Regulation 2847/93; (e) document required to be kept in accordance with Article 5.2 of the Council Regulation; (f) catch report submitted under Article 6.1 of the Council Regulation,
(2) For the purpose of paragraph (1), "required
information" shall mean -
(b) the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude; and (c) the date and time of the fixing of that position,
Elliot Morley
12th July 2000
Brian Wilson
13th July 2000
Paul Murphy
13th July 2000
Peter Mandelson
13th July 2000
SCHEDULE MAXIMUM FINES ON SUMMARY CONVICTION [APART FROM FINES RELATED TO VALUE OF FISH]
(This note is not part of the Order)
This Order makes provision for the enforcement of restrictions and obligations contained in Council Regulation (EC) No. 2791/99 (OJ No. L337, 30.12.99, p.1), for laying down certain control measures applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries ("the Council Regulation"). The Council Regulation in particular implements two recommendations of the North-East Atlantic Fisheries Commission establishing a scheme of control and enforcement applicable to fishing vessels in the Regulatory Area. The Regulatory Area referred to in the Order is defined in Article
2.1 of the Council Regulation as "those waters of the Convention Areas
as defined in Article 1(1) of the . . . Convention [on future multilateral
cooperation in the North-East Atlantic fisheries ("the NEAFC Convention")],
which lie beyond the waters under the jurisdiction of NEAFC Contracting
Parties". Article 1(1) of the NEAFC Convention defines the Convention Areas
as:
(ii) the Mediterranean Sea and its dependent seas as far as the point
of intersection of the parallel of 36° latitude and the meridian of
5° 36' west longitude,
Articles 4 and 13 of the Order create offences in respect of: breaches of the provisions of the Council Regulation referred to in column 1 (and briefly described in column 2) of the Schedule to the Order and the provisions of the Council Regulation referred to in paragraphs (2) and (3) of those articles; and, in relation to non-Contracting Party vessels, transhipments to Community fishing vessels and breaches of notices served on non-Contracting Party vessels prohibiting landing or transhipment (paragraphs 4(4) and 13(4)). Penalties, which may include the forfeiture of fish, nets and other fishing gear, are specified for such offences (articles 5 and 14). The statutory maximum penalty referred to in the Order is currently £5,000. The Order confers power on the Minister of Agriculture, Fisheries and Food and the Scottish Ministers to assign British sea-fishery officers to be NEAFC inspectors (article 3). The Order also confers powers of enforcement on: NEAFC inspectors in respect of relevant British fishing boats and Scottish fishing boats in the Regulatory Area; British sea-fishery officers who are NEAFC inspectors in respect of foreign fishing boats, flying the flag of a state which is a Member State of the European Community or a Contracting Party to the NEAFC Convention, in the Regulatory Area; and British sea-fishery officers in respect of relevant British fishing boats or Scottish fishing boats wherever they may be and other fishing boats which are within relevant British fishery limits or the Scottish zone (articles 7 and 16). Powers to seize fish and fishing gear are also conferred on British sea-fishery officers in respect of relevant British fishing boats or Scottish fishing boats wherever they may be and other fishing boats which are within relevant British fishery limits or the Scottish zone (articles 8 and 17). Provision is made for the punishment of anyone found guilty of obstructing or assaulting a British sea-fishery officer (articles 10 and 19). The Order provides powers for the recovery of fines imposed by a magistrates' court in England, Wales or Northern Ireland (article 6) or by a court in Scotland (article 15). Articles 9, 11, 12, 18, 20 and 21 contain ancillary provisions.
Notes: [1] 1981 c. 29. See section 30(3) for the definitions of "enforceable Community restriction", "enforceable Community obligation" and "the Ministers". In so far as this Order extends to Scotland, the power under section 30(2) of the 1981 Act remains exercisable by the Ministers by virtue of section 57(1) of the Scotland Act 1988 (c. 46); and in so far as it applies to Wales that power remains exercisable by virtue of Schedule 3, paragraph 5 of the Government of Wales Act 1998 (c. 38).back [2] Section 30(2A) was inserted by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999back [3] 1995 c. 21.back [4] OJ No. L337, 30.12.99, p. 1.back [5] OJ No. L128, 29.5.2000, p. 1.back [6] OJ No. L261, 20.10.93, p.1, as last amended by Council Regulation (EC) No. 2846/98 (OJ No. L358, 31.12.98, p. 5).back [7] 1998 c. 46; see section 126 and the Scottish Adjacent Waters Boundaries Order 1999 (S.I. 1999/1126).back [8] 1976 c. 86; as modified by paragraph 3(c) of the Schedule to the Fishery Limits Act 1976 (Guernsey) Order 1989back [9] 1980 c. 43; the maximum fines in section 78 were converted to levels on the standard scale by sections 37 and 46 of the Criminal Justice Act 1982 (c. 48).back [10] S.I. 1981/1675 (NI 26).back [11] 1996 c. 46.back [12] 1981 c. 29. See section 30(3) for the definitions of "enforceable Community restriction", "enforceable Community obligation" and "the Ministers". In so far as this Order extends to Scotland, the power under section 30(2) of the 1981 Act remains exercisable by the Ministers by virtue of section 57(1) of the Scotland Act 1988 (c. 46); and in so far as it applies to Wales that power remains exercisable by virtue of Schedule 3, paragraph 5 of the Government of Wales Act 1998 (c. 38).back
ISBN 0 11 099608 9 |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||