The Sea Fishing (Restriction on Days at Sea) Order 2004

UK Statutory Instrument 2004 No. 398 — creates 16 criminal offences.

16offences created

0recorded in force

16revoked

Made: 17 February 2004
In force from: 19 February 2004
Extent: Not stated
Subject: Agriculture, plant health, food production and rural affairs
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 in England of the provisions of Annex V (“the Annex”) to Council Regulation (EC) 2287/2003 (OJ No. L344 31.12.2003. p. 1) fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish, applicable in Community waters and, for Community vessels, in waters where catch limitations are required. The Order contains provisions relating to the aggregation of management periods (article 3), the number of days which a vessel may be absent from port (article 4), the use of regulated fishing gear (article 5) and the manner in which days may be transferred between fishing vessels within the same management period (article 6). Further, the Order sets out provisions for the transportation of cod (article 7), a provision relating to the mixing of species within containers on board fishing vessels (article 8), procedures for the landing of cod in designated and non-designated ports (articles 9 to 11), a margin of tolerance relating to the recording of catches of fish in logbooks (article 12) and provisions relating to the maintenance of logbooks (article 13). The Order creates offences in respect of the contravention, by the person in charge of the relevant fishing boat (or the individuals otherwise specifically referred to) of provisions of the Annex. The offences relate to absences from port without notified fishing gear (article 3) or in excess of the days permitted (article 4), failure to use regulated fishing gear in the manner set out in the Annex (article 5), giving false information when attempting to transfer days from one vessel to another (article 6), transporting cod (article 7) or mixing of species (article 8) in a manner inconsistent with the Annex, the landing of cod in designated and non designated ports in contravention of notification and documentary requirements (articles 9 to 11), and failing to comply with the 8% tolerance for logbook records relating to catches of fish and failure to handover and dispatch logbooks in the manner prescribed (articles 12 and 13). The Order provides that a person guilty of an offence under it other than an offence under article 20 is liable, on summary conviction, to a fine not exceeding £50,000 and on conviction on indictment to a fine. Further fines up to and including the value of any fish caught in committing the offence are permitted and the court may also order the seizure of fish caught or equipment used in, or in activities leading to, the commission of the offence (article 14). The Order also provides for the recovery of fines imposed, or treated as imposed, by a magistrates' court (article 15). For the purposes of enforcing provisions of the Annex as applied above, 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 16 to 18). Protection of such officers from liability is set out in article 19, and impeding them is an offence under article 20, with a fine of up to the statutory maximum on summary conviction and a fine on conviction on indictment. Articles 21 and 22 deal with corporate and equivalent offences and admissibility of documents in evidence. Consequential amendment and revocation is covered in articles 23 and 24. In addition article 23 includes further provision bringing forward the time for submission of logbook entries for landings in designated ports. A Regulatory Impact Assessment in relation to the Annex and this Order has been prepared and placed in the library of each House of Parliament. Copies can be obtained from Defra, Fisheries Division 1, Room 303, 10 Whitehall Place, London SW1A 2HH.

Offences created by this instrument

Landing of cod where prior notification is required article 10(2) · Revoked · Strict liability
Landing of cod at a designated port article 11(1) · Revoked · Strict liability
Landing of cod at a designated port article 11(2) · Revoked · Strict liability
Recording information on catches of fish article 12 · Revoked · Strict liability
Maintenance of logbooks article 13(4) · Revoked · Strict liability
Obstruction of British sea-fishery officers article 20(1) · Revoked · Requires proof of a state of mind
Establishment of management periods article 3(2) · Revoked · Strict liability
Absences from port etc article 4(1) · Revoked · Strict liability
Carriage and operation of fishing gears article 5(1) · Revoked · Strict liability
Carriage and operation of fishing gears article 5(2) · Revoked · Strict liability
Carriage and operation of fishing gears article 5(3) · Revoked · Strict liability
Carriage and operation of fishing gears article 5(5) · Revoked · Strict liability
Transfer of days from one boat to another article 6(3) · Revoked · Strict liability
Transportation of cod article 7 · Revoked · Strict liability
Mixing of species article 8 · Revoked · Strict liability
Notification prior to entry to an English port article 9(1) · 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 2004