The Sea Fishing (Enforcement of Community Conservation Measures) Order 1997

UK Statutory Instrument 1997 No. 1949 — creates 4 criminal offences.

4offences created

0recorded in force

4revoked

Made: 5 August 1997
In force from: 12 August 1997
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 replaces the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986 as amended, makes provision for the enforcement of certain of the enforceable Community restrictions and obligations concerning technical measures for the conservation of fishery resources which are contained in Council Regulation (EC) No. 894/97 (OJ No. L132, 23.5.97, p. 1) (“the Council Regulation”). Article 3 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 Schedule 1 to the Order and in respect of breaches of the provisions referred to in subsection (2) of that article. Penalties, which may include the forfeiture of fish, nets and other fishing gear, are specified for such offences (article 4). The statutory maximum penalty specified in the Order is currently £5,000. The Order confers powers of enforcement on British sea-fishery officers in relation to fishing boats and on land and in relation to the seizure of fish and fishing gear (articles 6, 7 and 8) as well as on other officers in relation to undersized fish and nets and fishing gear (article 9). Provision is made for the punishment of anyone found guilty of obstructing or assaulting an officer (article 11). The provisions of the Order do not extend to the territorial sea adjacent to the Bailiwick of Jersey (article 15). The Sea Fishing (Enforcement of Community Conservation Measures) Order 1986 (S.I. 1986/2090), the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No 2) Order 1992 (S.I. 1992/1084) and the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No 6) Order 1994 (S.I. 1994/1680) are revoked (article 16).

Offences created by this instrument

Obstruction of officers article 11 · Revoked · Requires proof of a state of mind
Subject to article 15 below, where there is, in respect of– a any British fishing boat wherever it may be, or b any… article 3(1) · Revoked · Strict liability
Subject to paragraph (3) below, any person who, in the United Kingdom, lands, transports, stores, sells, displays or… article 3(2) · Revoked · Strict liability
Paragraph (2) above shall not apply to a person who lands a fish, salmon or sea trout if that person is guilty of an… article 3(3) · 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 1997