The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Wales) Order 2000 (revoked)
Welsh Statutory Instrument 2000 No. 1096 — creates 3 criminal offences.
- Made
- 10 April 2000
- In force from
- 11 April 2000
- 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 Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
(This note does not form part of the Order) This Order makes provision for the enforcement within Wales and the territorial sea adjacent to Wales of certain enforceable Community restrictions and other obligations relating to sea fishing by both Community and third country vessels set out in Council Regulation (EC) No. 2742/1999 (OJ No. L341, 31.12.99, p.1) (“the Council Regulation”). The Council Regulation fixes total allowable catches and Member States' quotas for 2000 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 2000 and imposes requirements concerning fishing quotas and authorised zones, methods of fishing, the holding of licences and observance of licence conditions, the keeping of log books, 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 Schedules 1 (for Community vessels) and 2 (for third country vessels) to the Order. 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 within the territorial sea adjacent to Wales and on land in Wales in relation to the seizure of fish and fishing gear (articles 6, 7 and 8). Provision is made for the punishment of anyone found guilty of assaulting or obstructing an officer (article 10). The Order revokes the Sea Fishing (Enforcement of Community Quota Measures) Order 1999 (S.I.1999/424) and the Third Country Fishing (Enforcement) Order 1999 (S.I. 1999/425) insofar as they apply to Wales.
Offences created by this instrument
- Obstruction of officers article 10 · Status not determined · Requires proof of a state of mind
- Where there is, in respect of any fishing boat within the territorial sea adjacent to Wales a contravention of, or… article 3(1) · Status not determined · Strict liability
- Where there is, in respect of any fishing boat within the territorial sea adjacent to Wales, being a fishing boat to… 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 2000