The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (England) Order 2003

UK Statutory Instrument 2003 No. 772 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 17 March 2003
In force from: 14 April 2003
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 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. 2341/2002 (OJ No. L356, 31.12.2002, p.12) (“the Council Regulation”). The Council Regulation fixes total allowable catches and Member States' quotas for 2003 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 2003 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 similar matters. 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, in the case of Community vessels, and Schedule 2, in the case of third country vessels. Penalties are specified for such offences (article 4). The statutory maximum penalty specified in the Schedules is currently £5,000. Provision is made for the recovery of fines (article 5). The Order confers powers of enforcement on British sea-fishery officers in relation to certain fishing boats as well as on land in England and in relation to the seizure of fish and fishing gear (articles 6, 7, 8 and 9). Provision is made for the punishment of anyone found guilty of assaulting or obstructing an officer (article 10). This Order does not form part of the law of Scotland or Northern Ireland and does not apply in relation to fishing activities within the territorial sea of Wales. It revokes the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) Order 2002 (S.I. 2002/272) insofar as it relates to England.

Offences created by this instrument

Obstruction of officers article 10(1) · Status not determined · Requires proof of a state of mind
Where there is, in respect of— a any relevant British fishing boat wherever it may be, or b any other fishing boat… article 3(1) · Status not determined · Strict liability
Where there is, in respect of any third country fishing boat to which any specified Community provision in column 1 of… article 3(2) · 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 2003