The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures and Restriction on Days at Sea) (Scotland) Order 2009

Scottish Statutory Instrument 2009 No. 317 — creates 14 criminal offences.

14offences created

0recorded in force

14revoked

Made: 17 September 2009
In force from: 10 October 2009
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, which forms part of the law of Scotland only, makes provision for the enforcement of Council Regulation (EC) No.43/2009 (“the Council Regulation”). PartI makes provision for interpretation of the Order. PartII makes provision for the enforcement of certain enforceable Community restrictions and other obligations relating to sea fishing by Community vessels and third country vessels set out in the Council Regulation. The Council Regulation fixes total allowable catches and the quotas of Member States for 2009 in respect of certain fish stocks and lays down certain conditions under which they may be fished. It also authorises fishing by third country vessels of Norway and the Faroe Islands for specified fish stocks in Community waters in 2009, subject to requirements regarding fishing quotas and authorised zones, methods of fishing, fishing authorisations and associated conditions, the keeping of logbooks, the transmission of information and similar matters. PartII of the Order— a makes provision for the purposes of Article10 of the Council Regulation (requirement for adequate sampling programme when landing unsorted catches) (article3); b makes it an offence to contravene the provision in AnnexIA to the Council Regulation in relation to the quantity of skates and rays retained on board (article4); c makes it an offence to contravene paragraphs9.11 and24(e) of AnnexIII to the Council Regulation which limit the by-catch of sharks and redfish to a maximum of 5% and 1% respectively of the total catch retained on board (article 5); d makes it an offence to contravene the provisions in AnnexIA to the Council Regulation which impose a maximum landing size for spurdog/dogfish and porbeagle (article 6); and e creates offences in respect of contraventions of the provisions of the Council Regulation referred to in column1 (and briefly described in column2) of Schedules1 (Community quota measures) and 2 (Community third country fishing measures) to the Order (article7). PartIII of the Order provides for the enforcement in Scotland of the provisions of AnnexIIa to the Council Regulation. It creates offences associated with the number of days that certain fishing boats can spend and the use of gear permitted within, the cod recovery zone in accordance with AnnexIIa of the Council Regulation (articles 8 and 9). Part IV of the Order provides for the maintenance and submission of logbooks at ports designated in the Order (articles 10 and 11 and Schedule 3). Part V of the Order provides for penalties (article 12) and for the recovery of fines imposed in respect of an offence under the Order (article 13). For the purposes of enforcing the provisions of the Order or any equivalent provision (as defined in the Order) Part IV of the Order confers on British sea-fishery officers the powers to enter premises, to go on board fishing boats, to stop and search vehicles transporting fish, to examine fish, to require the production of documents, to search for and seize documents, to take a boat to the nearest convenient port and to seize fish and fishing gear (articles 14 to 16). Provision is made for the protection of British sea-fishery officers in the exercise of their powers under the Order (article 17) and for an offence of obstructing such officers (article 18). Provision is made in relation to offences committed by a body corporate, a partnership or an unincorporated association (article19) and in relation to the admissibility in evidence of logbooks and other documents (article 20). The Order revokes articles2 to 33 of the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures and Restriction on Days at Sea) (Scotland) Order 2008 (article21). A Regulatory Impact Assessment in the relation to this Order has been prepared and placed in SPICE. Copies can be obtained from Marine Scotland, Robb’s Loan, Edinburgh, EH14 1TY.

Offences created by this instrument

Maintenance of logbook article 10(4) · Revoked · Strict liability
Submission of logbook at designated port article 11(2) · Revoked · Strict liability
Obstruction of officers article 18(1) · Revoked · Strict liability
Landing of unsorted catches article 3(3) · Revoked · Strict liability
By catch quota– skates and rays article 4 · Revoked · Strict liability
By catch quota– sharks and redfish article 5 · Revoked · Strict liability
Maximum landing size – spurdog/dogfish and porbeagle article 6 · Revoked · Strict liability
1 Where there is, in respect of any— a Scottish fishing boat wherever it may be; or b Community fishing boat within… article 7 · Revoked · Strict liability
Where there is, in respect of any third country fishing boat within the Scottish zone, a contravention of, or failure… article 7(2) · Revoked · Strict liability
Nothing in this Order shall be taken to constitute an offence to land, from a Scottish fishing boat, an unsorted catch… article 7(3) · Revoked · Strict liability
Absence from port article 8(1) · Revoked · Strict liability
Use of regulated gear article 9(1) · Revoked · Strict liability
Use of regulated gear article 9(2) · Revoked · Strict liability
Use of regulated gear article 9(5) · Revoked · 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 2009