UK Offence Report

The Sea Fishing (Points for Masters of Fishing Boats) Regulations 2014

UK Statutory Instrument 2014 No. 3345 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
18 December 2014
In force from
12 January 2015
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
European Communities Act 1972, Schedule 2 to, the European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement Article 92(6) of Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (OJ No. L 343, 22.12.2009, p. 1) (“the Control Regulation”). They extend mainly to England, Wales and Northern Ireland, although regulations 3(1), 4, 7, 8(5) and 11 also extend to Scotland. Regulation 14 applies only in relation to England. The Regulations set up a system for the allocation of points to the UK masters of fishing boats who have committed serious infringements of EU fisheries law. They also provide for the Marine Management Organisation to set up a register of UK masters with details of the points which have been allocated to them. Regulation 4 provides for the setting up and maintenance of the register. Regulation 5 requires prosecuting authorities to notify masters of the points they will be allocated if they are convicted of serious infringements of EU fisheries law. Regulations 7 and 8 provide for the allocation of points to masters. Regulation 9 limits to twelve the total number of points that may be allocated in respect of multiple serious infringements detected by an enforcement officer in the course of one inspection. Regulation 10(1) and (2) provides for masters to be suspended from mastering fishing boats for various periods, depending on the number of points they accumulate. Under regulation 10(3), masters are disqualified from mastering fishing boats if they accumulate 90 points at any one time. Regulation 11 provides that the Marine Management Organisation must delete points if a master has not committed a serious infringement for 3 years. Regulation 12 makes it an offence for a person to employ a disqualified or suspended master on a UK fishing boat. Regulation 13 provides that a person convicted of an offence under these Regulations is liable to a fine. These Regulations are enforceable by marine enforcement officers under section 238 of the Marine and Coastal Access Act 2009 (c. 23). Regulation 14 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them. The Marine Management Organisation maintains a register of points for fishing boat owners, which is enforced through fishing boat licensing systems. Details of this scheme are available at http://www.marinemanagement.org.uk/fisheries/monitoring/points.htm. A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector in England is available at www.gov.uk/defra or from the Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London, SW1P 3JR and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory assessment has been prepared as to the likely costs and benefits of complying with these Regulations in Wales. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

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