UK Offence Report

The Sea Fishing (Enforcement of Community Conservation Measures) Order 2000

UK Statutory Instrument 2000 No. 1081 — creates 4 criminal offences.

4offences created
0recorded in force
0revoked
Made
14 April 2000
In force from
15 May 2000
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 revokes the Sea Fishing (Enforcement of Community Conservation Measures) Order 1997 (S.I. 1997/1949) and the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) Order 1997 (S.I. 1997/2841), except in so far as they form part of the law of Scotland or they apply in relation to Wales (article 15). The Order re-enacts provisions for the enforcement of Article 11 of Council Regulation (EC) No. 894/97 (OJ No. L132, 23.5.97, p.1) laying down certain technical measures for the conservation of fishery resources (“Regulation 894/97”) and makes provision for the enforcement of restrictions and obligations contained in Council Regulation (EC) No. 850/98 (OJ No. L125, 27.4.98, p.1), for the conservation of fishery recources through technical measures for the protection of juveniles of marine organisms, as amended (“the Council Regulation”). Article 3 of the Order creates offences in respect of breaches of: Article 11 of Regulation 894/97; the provisions of the Council Regulation referred to in column 1 (and briefly described in column 2) of the Schedule to the Order; the provisions of the Council Regulation referred to in subsection (2) of that article; and technical measures applying in 2000 by virtue of Article 9 of Council Regulation (EC) 2742/99 (OJ No. L341, 31.12.99, p.1). Penalties, which may include the forfeiture of fish, nets and other fishing gear, are specified for such offences (article 4). 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 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). Provision is also made for the prosecution of offenders in England and Northern Ireland and for proceedings by local fisheries committees (article 13). The statutory maximum penalty referred to in the Order is currently £5,000. The Order provides powers for the recovery of fines imposed by a magistrates' court in England or Northern Ireland (article 5). Articles 10, 12 and 14 contain ancillary provisions. The Order does not form part of the law of Scotland. It does not apply in relation to fishing activities within the territorial sea of Wales.

Offences created by this instrument

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.

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