UK Offence Report

The Sea Fishing (Marking and Identification of Passive Fishing Gear and Beam Trawls) (Scotland) Order 2006

Scottish Statutory Instrument 2006 No. 284 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
24 May 2006
In force from
21 June 2006
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
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 provides for the enforcement of Commission Regulation (EC) No. 356/2005 as amended by Commission Regulation (EC) No. 1805/2005 (“the Commission Regulation”) laying down detailed provisions regarding the marking and identification of passive fishing gear and beam trawls. The Order extends to Scotland and the Scottish zone, and insofar as it extends beyond Scotland and the Scottish zone (as defined in Article 2 of the Order) it does so only as a matter of Scots law (article 1 of the Order). The Order specifies in article 3 the boats which must comply with the requirements set down in the Order. Articles 4,5,6,7,8,9,10,11, 12 and 13 of the Order apply in accordance with Article 2 of the Commission Regulation to Scottish fishing boats and to any other fishing boat which is within the Scottish zone. Article 2 of the Commission Regulation provides that the Regulation applies to vessels fishing in Community waters but does not apply within 12 nautical miles measured from the baselines of coastal Member States. Article 2 of the Order defines the terms Scottish fishing boat and any other fishing boat. Articles 4 and 5 of the Order make provision in relation to beam trawls (defined in Article 3 of the Commission Regulation). Article 4 of the Order makes provision in relation to beams of beam trawls carried on board a fishing boat to which the article applies. Article 5 of the Order provides in relation to assembled beams of beam trawls carried on board or used for fishing by a fishing boat to which the article applies. The information required to be displayed on the beam or shoes of each beam is the external registration letters and numbers displayed on the hull of the boat to which the beam or assembled beam belongs. Article 6 of the Order provides in relation to passive gear (which is defined in Article 3 of the Commission Regulation) carried on board or used for fishing by a fishing boat to which the article applies. Article 7 of the Order provides in relation to end marker buoys and intermediary marker buoys, carried on board or used for fishing by a fishing boat to which the article applies. Article 8 of the Order provides in relation to the fixing, rigging and deployment of buoys on passive gear which is used for fishing by a fishing boat to which the article applies. Article 9 of the Order makes further provision as to the requirements for end marker buoys required to be deployed by Article 12.1 of the Commission Regulation as provided under article 8 of the Order. Article 10 of the Order makes further provision as to the requirements for intermediary marker buoys required to be deployed by Article 14.1 of the Commission Regulation as provided under article 8 of the Order. Article 11 of the Order makes provision for the derogation provided for in Article 14.2 of the Commission Regulation. This derogation was inserted by Commission Regulation 1805/2005. The derogation is in respect of intermediary marker buoys being used in the Baltic Sea. Article 12 of the Order provides that the label required under articles 6, 9(1)(a), 10 and 11 must be in accordance with Article 8 of the Commission Regulation. Article 13 of the Order provides as to the requirements for the cords linking the buoys to the passive gear by reference to Article 11 of the Commission Regulation. Article 14 of the Order creates offences in respect of breaches of the provisions of Articles 4, 5, 6, 7, 8, 9, 10, 11,12 and 13. Penalties for contravention of the offences created by Article 14 are set out in Article 15. The statutory maximum is currently £5,000. Article 16 of the Order makes further provision in relation to recovery of fines. Articles 17 and 18 of the Order confer enforcement powers on British sea-fishery officers. Provision is also made in relation to the liability of officers for anything done in the purported exercise of powers conferred (article 19). The Order also creates offences and provides penalties in respect of obstruction of a British sea-fishery officer (article 20). Articles 21 and 22 provide in relation to offences committed by bodies corporate, partnerships and unincorporated associations and the admissibility of documents compiled for the purposes of Council Regulation (EC) No. 2847/93. A Regulatory Impact Assessment in relation to the application of the marking and identification of passive fishing gear and beam trawl measures to Scottish fishing boats has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Fisheries Protection Agency, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TW.

Offences created by this instrument

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