The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2000 Amendment Regulations 2002 © Crown Copyright 2002 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Badge of Wales may be reproduced only where it is an integral part of the original document. The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2000 Amendment Regulations 2002, ISBN 0 11090454 0. The prin. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
The National Assembly for Wales, being designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred upon the National Assembly by the said section 2(2) and of all other powers enabling it in that behalf, hereby makes the following Regulations: Title, commencement and saving 1. - (1) These Regulations are called the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2000 Amendment Regulations 2002 and come into force on 1st April 2002. (2) The revocation by regulation 5 of these Regulations of article 4(2) of the Order shall not affect its application in proceedings (whenever occurring) for an offence alleged to have been committed before the coming into force of these Regulations. Interpretation 2. - (1) In these Regulations "the Order" means the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2000[3]. (2) Expressions used in provisions inserted by these Regulations into the Order are to be interpreted in the same way as if they had been so inserted by an order made under section 30(2) of the Fisheries Act 1981[4]. Amendment of the Order 3. In article 2(1) (interpretation) of the Order the following sub-paragraph shall be inserted immediately after the definition of "Scottish fishing boat" -
4.
- (1) Article 3 (satellite tracking of fishing boats) of the Order is amended as follows.
(3) Paragraph (4) is deleted and in its place there is substituted the following paragraphs -
(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 -
(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) -
(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 -
(b) 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.".
5.
Article 4(2) (offences) of the Order is revoked.
(6) The notice referred to in paragraph (5) is a notice which -
(b) requires that throughout the specified monitoring period the device shall be set (as nearly as its condition allows) so as to transmit the required information to the Fisheries Monitoring Centre of the United Kingdom -
(ii) in the case of a device not so designed, at least every hour.
(7) A notice under paragraph (6) shall not be served later than 30 days after the day on which it appears to the British sea fisheries officer that the satellite tracking device last failed to operate in accordance with article 3(5) of this Order.
(b) in paragraph (6) "the specified monitoring period" means a period of 24 hours which is specified in the notice (which period shall not begin later than 9.00 a.m. on the weekday next following the day on which the notice is served).".
(This note is not part of the Regulations) These Regulations amend the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2000 (S.I. 2000/1078 (W.71)) ("the Order"), which contains provisions for the enforcement of European Community legislation requiring satellite monitoring of the position of fishing boats above a certain size. Like that Order, these Regulations apply in relation to fishing boats within the territorial sea adjacent to Wales. The amendments made by these Regulations make two main changes to the Order. Regulation 4 amends article 3 of the Order, which creates obligations relating to the installation and operation of satellite tracking devices, by clarifying the requirement in article 3(3)(b) for the satellite tracking device to be maintained fully operational. In particular the new drafting makes clear that no breach of that requirement occurs either when the satellite tracking device is switched off in port under conditions permitted by the relevant EC legislation or if there is a technical fault or non-function when the boat is in port or when the temporary period for which the relevant EC legislation allows fishing with a defective device has not yet expired. Regulation 4 imposes an additional requirement that, while a fishing boat to which article 3 of the Order applies is at sea, if its tracking device is not working the required positional information must be provided every two hours to the United Kingdom's Fisheries Monitoring Centre by telex, fax, telephone or radio. The other main change is made by regulation 8, which confers an additional enforcement power on a British sea fisheries officer in a case where there has been a failure of operation of the satellite tracking device on board a British fishing vessel. The officer may serve a notice requiring the boat to remain in port until the expiry of a 24 hour monitoring period, during which the satellite tracking device must be set so as to broadcast the required position information every two hours (every hour in the case of a device which is not designed to be capable of being polled by the Monitoring Centre). Other amendments made by the Regulations are consequential. They include the revocation of a defence to certain criminal proceedings which has been made obsolete by the changes made by regulation 4 (see regulations 1(2) and 5). Notes: [1] S.I. 1999/2788.back [3] S.I. 2000/1078 (W.71).back [4] 1981 c. 29; S.I. 2000/191 was made under section 30(2).back
ISBN 0 11090454 0
|
|
| ||
| We welcome your comments on this site | © Crown copyright 2002 | Prepared 5 April 2002 |