The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009

UK Statutory Instrument 2009 No. 3391 — creates 12 criminal offences.

12offences created

0recorded in force

0revoked

Made: 23 December 2009
In force from: 25 January 2010
Extent: Not stated
Subject: Agriculture, plant health, food production and rural affairs
Made under: (EC) No 1005/2008, Commission Regulation (EC) No 1010/2009, Council Regulation (EEC) No 2847/93, 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 Council Regulation (EC) No 1005/2008 (OJ No L 286, 29.10.2008, p.1) (“the Council Regulation”) and Commission Regulation (EC) 1010/2009 (OJ No L 280, 27.10.2009, p.5) (“the Commission Regulation”) establishing restrictions and obligations relating to illegal, unreported and unregulated fishing. Article 4 designates the competent authority for the purposes of the Council and the Commission Regulations. Article 5 provides for controls on movement of consignments of fish or fishery products while verifications are carried out pursuant to Article 17 of the Council Regulation (which can include a request for assistance from the flag state of the vessel to ensure the accuracy of the information contained within, or the validity of, the catch certificate). Article 6 permits movement of such consignments under certain circumstances. Article 7 provides for the refusal of importation in the circumstances set out in Article 18(1) or (2) of the Council Regulation (where the catch certificate is lacking, invalid, inaccurate, incomplete, or where the request for assistance from the flag state, or lack of, confirms that a catch certificate should not have been issued). Article 18 of the Council Regulation also provides that Member States may confiscate, destroy, dispose or sell such fishery products in accordance with national law. The powers set out in sections 268 and 270 to 278 of the Marine and Coastal Access Act 2009 (fisheries enforcement powers) are available to authorised officers in relation to both fish and fishery products. This includes a power to seize the fish and fishery products and release them in return for a bond. Article 8 requires the port health authority or local authority to charge a fee in respect of each consignment reflecting the expenses it has reasonably incurred. Article 9 provides that certain activities prohibited in the Council Regulation are offences punishable summarily or on indictment (article 10). Articles 12 to 15 provide for powers of British sea-fishery officers in the enforcement of this Order. Articles 18 to 20 make provisions about offences and bodies corporate, exchange of information and obtaining samples, and Article 21 for certain documents to be admitted as evidence. An impact assessment has been prepared and a copy placed in the library of each House of Parliament. Copies can be obtained from the Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London, SW1P 2AL or from the Department’s website.

Offences created by this instrument

Obstruction of officers article 17(1) · Status not determined · Requires proof of a state of mind
It is an offence for a person to conduct business directly connected to IUU fishing, within the meaning of Article… article 9 · Status not determined · Strict liability
It is an offence for the person in charge of a third country fishing vessel to enter port without authorisation under… article 9(1) · Status not determined · Strict liability
It is an offence for a person to disclose information received from the Commissioners contrary to article 19(3) of… article 9(10) · Status not determined · Strict liability
It is an offence for the person in charge of a fishing vessel to conduct a transhipment with a third country fishing… article 9(2) · Status not determined · Strict liability
It is an offence to import fishery products without a validated catch certificate pursuant to Article 12 of the… article 9(3) · Status not determined · Strict liability
It is an offence for a person to engage in fishing for a stock which is subject to a moratorium or for which fishing… article 9(4) · Status not determined · Strict liability
It is an offence for a person to tranship fish or fishery products between, or participate in joint fishing operations… article 9(5) · Status not determined · Strict liability
In relation to a fishing vessel on the Community IUU vessel list, it is an offence for a person— a to enter into an… article 9(6) · Status not determined · Strict liability
It is an offence for a person to conduct business directly connected to IUU fishing, within the meaning of Article… article 9(7) · Status not determined · Strict liability
It is an offence for a person to falsify, or use falsified, documents contrary to Article 42(1)(c) of the Council… article 9(8) · Status not determined · Strict liability
It is an offence for a person, knowing a consignment to be a controlled consignment, to move it or cause it to be… article 9(9) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Draft Fisheries (Amendment) (EU Exit) Regulations 2019 Commons · General Committees · 29 January 2019 · George Eustice
My view is that they should be retained EU restrictions, but I will have a specific look at that before the end of this debate. Those restrictions would be retained EU restrictions rather than EU restrictions per se. The amendments made by this statutory instrument fall into four main categories. First, where there are references to “an enforceable EU obligation” or “enforceable EU restrictions”, these are amended to “a retained EU obligation” or “retained EU restrictions”, to ensure that they remain operable as part of retained EU law. For example, section 30 of the Fisheries Act 1981,…
Draft Fisheries (Amendment) (EU Exit) Regulations 2019 Commons · General Committees · 29 January 2019 · The Minister for Agriculture, Fisheries and Food (George Eustice)
I beg to move, That the Committee has considered the draft Fisheries (Amendment) (EU Exit) Regulations 2019. I am pleased to open this debate on an important set of regulations, and I am grateful to hon. Members for being here when, obviously, another debate is taking place in the main Chamber. The regulations give effect to, and enable enforcement of, certain common fisheries policy and marine management measures, as part of the legislation needed for exiting the European Union. The regulations are one piece of a jigsaw that will ensure we have a functioning legislative framework when we…
Fisheries (Amendment) (EU Exit) Regulations 2019 Lords · Lords Chamber · 6 February 2019 · The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, the instrument before your Lordships makes minor, technical amendments to primary and secondary domestic legislation in order to make domestic fisheries legislation operable, as part of having a working statute book after exiting the EU. There are no changes to policy made by this instrument; it makes the necessary corrections to ensure that our domestic fisheries law remains fully functional after we leave the EU. Section 2.3 of the Explanatory Memorandum sets out the three pieces of primary legislation and 10 pieces of secondary legislation amended by this instrument. The…

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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