The Sea Fishing (Recovery Measures) Order 2008 (revoked)

UK Statutory Instrument 2008 No. 2347 — creates 11 criminal offences.

11offences created

0recorded in force

0revoked

Made: 1 September 2008
In force from: 30 September 2008
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: European Communities Act 1972, Fisheries Act 1981, Schedule 2 to, the European Communities Act 1972

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 restrictions and obligations relating to fishing for cod, northern hake, plaice and sole contained in Council Regulation (EC) No 423/2004 (OJ No L 70, 9.3.04, p 70) (the “Cod Regulation”), Council Regulation (EC) No 811/2004 (OJ No L 150, 30.4.04, p 1, as corrected by a corrigendum published in OJ No L 185, 24.5.04, p 1) (the “Hake Regulation”), Council Regulation (EC) No 676/2007 (OJ No L 157, 19.6.07, p 1) (the “North Sea Place and Sole Regulation”) and Council Regulation (EC) No 509/2007 (OJ No L122, 11.5.07, p 7) (the “Western Channel Sole Regulation”). Articles 4 to 9 make it an offence to fail to comply with provisions in the Cod Regulation, Hake Regulation, North Sea Plaice and Sole Regulation or Western Channel Sole Regulation relating to fishing effort messages and recording time spent in the areas, margin of tolerance in estimation of quantities in the logbook, requirements for prior notification of entry into a port, landing, discharge at sea and transhipment, separate stowage of fish, sampling regimes and transport of cod, northern hake and sole. Article 10 makes it an offence to contravene or fail to comply with provisions in the Cod Regulation and Hake Regulation relating to the requirement to land fish at designated ports. The penalties for offences under articles 4 to 10 are contained in article 11. Article 12 contains provisions for the recovery of fines. Articles 13 to 18 set out the powers of British sea-fishery officers. Article 21 contains revocations. An impact assessment of the effect that this Order will have on the costs of business and the voluntary sector is available from the Department for Environment, Food and Rural Affairs, Sea Fisheries Conservation Division, Nobel House, 17 Smith Square, London SW1P 3JR.

Offences created by this instrument

Landing of fish in excess of two tonnes at designated ports article 10(1) · Status not determined · Strict liability
Obstruction of officers article 18(1) · Status not determined · Requires proof of a state of mind
Requirements to communicate effort reports etc. and to record and account for time article 4 · Status not determined · Strict liability
Margin of tolerance in estimation of quantities reported in the logbook article 5 · Status not determined · Strict liability
Prior notification requirements and prohibition of certain transhipment article 6(1) · Status not determined · Strict liability
Prior notification requirements and prohibition of certain transhipment article 6(2) · Status not determined · Strict liability
Prior notification requirements and prohibition of certain transhipment article 6(3) · Status not determined · Strict liability
A person in charge of a relevant fishing boat or a Community fishing boat is guilty of an offence if that person fails… article 7 · Status not determined · Strict liability
Sampling and weighing regime article 8(1) · Status not determined · Strict liability
Sampling and weighing regime article 8(2) · Status not determined · Strict liability
Transport without required documentation article 9 · 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 2008