Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) Order (Northern Ireland) 2004

Northern Ireland Statutory Rule 2004 No. 440 — creates 4 criminal offences.

4offences created

0recorded in force

0revoked

Made: 14 October 2004
In force from: 15 November 2004
Extent: Not stated
Subject: Agriculture, plant health, food production and rural affairs
Made under: Fisheries Act 1981

Explanatory note

(This note is not part of the Order.) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order makes provision for the enforcement of certain enforceable Community restrictions and other obligations relating to sea fishing by vessels of the Community or of third countries set out in Council Regulation (EC) No. 2287/2003 (O.J. No. L344, 31.12.2003, p. 1) (“the Council Regulation”). The Council Regulation fixes total allowable catches and Member States' quotas for 2004 and lays down certain conditions under which they may be fished. It also authorises fishing by vessels of Norway and the Faroe Islands for specified descriptions of fish in certain specified areas within Member States' fishery limits in 2004 and imposes requirements concerning fishing quotas and authorised zones, methods of fishing, the holding of licences and observance of licence conditions, the keeping of logbooks, the making of reports and weighing obligations of buyers and holders of fish. Article 4 of the Order creates offences in respect of breaches of the provisions of the Council Regulation referred to in Column 1 (and briefly described in Column 2) of Schedules 1 and 2 to the Order, in the case of Community vessels, and Schedules 2 and 3, in the case of buyers and holders of fish and of third country vessels. Penalties are specified for such offences (Article 5). The statutory maximum penalty specified in the Schedules is currently £50,000. Provision is made for the recovery of fines (Article 6). The Order confers powers of enforcement on British sea-fishery officers in relation to certain fishing boats, as well as on land in Northern Ireland, and in relation to the seizure of fish and fishing gear (Articles 7, 8, 9 and 10). Provision is made for the punishment of anyone found guilty of assaulting or obstructing an officer (Article 11). The Order revokes the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) Order 2002 (S.I. 2002/272) insofar as it relates to Northern Ireland.

Offences created by this instrument

Obstruction of officers article 11(1) · Status not determined · Requires proof of a state of mind
Where there is, in relation to – a any relevant Northern Ireland fishing boat wherever it may be, or b any other… article 4(1) · Status not determined · Strict liability
Where there is a contravention of, or failure to comply with, any specified Community provision in Column 1 of… article 4(2) · Status not determined · Strict liability
Where there is, in respect of any third country fishing boat within the Northern Ireland zone to which any specified… article 4(3) · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2004