The Sea Fishing (Northern Hake Stock) (Wales) Order 2006

Welsh Statutory Instrument 2006 No. 1796 — creates 9 criminal offences.

9offences created

0recorded in force

0revoked

Made: 5 July 2006
In force from: 7 July 2006
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 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 administration and enforcement in Wales of the monitoring, inspection and surveillance provisions of Council Regulation (EC) 811/2004 (OJ No L150 30.4.2004, p.1). The Order contains provisions relating to recording and accounting time spent at sea (article 3), provisions for the notification of entry into port of fishing boats and the landing of northern hake at designated ports (articles 4 and 5), a margin of tolerance relating to the recording of catches of fish in logbooks (article 6), a provision relating to the mixing of species within containers on board fishing vessels (article 7) and procedures for transporting northern hake (article 8). The Order creates offences in respect of the contravention, by the person in charge of the fishing boat (or the individuals specifically referred to) of provisions of the Regulation. The offences relate to failing to record and account for time in a log book (article 3), failing to provide certain information and/or follow the directions of a British sea-fishery officer when landing at a designated port (article 4), the failure to land in a designated port where more than two tonnes of northern hake are to be landed (article 5), the failure to comply with the 8% tolerance for logbook records relating to catches of fish (article 6), and the mixing of species and transporting of northern hake (articles 7 and 8) in a manner inconsistent with the Regulation. Articles 9-16 make provisions for enforcement. The Order provides that a person guilty of an offence other than an offence under article 15 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 an offence (article 9). The Order also provides for the recovery of fines imposed, or treated as imposed, by a magistrates' court (article 10). For the purposes of enforcing the above provisions, the Order confers on British sea-fishery officers the power 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 11-13). Protection of such officers from liability is set out in article 14, and obstructing them is an offence under article 15, with a fine of up to the statutory maximum on summary conviction and a fine on conviction on indictment. Articles 16 and 17 deal with corporate and equivalent offences and admissibility of documents in evidence. A Regulatory Appraisal in relation to the Annexes and this Order has been prepared and placed in the library of the National Assembly for Wales. Copies can be obtained from Fisheries Branch, National Assembly for Wales, Cathays Park, Cardiff, CF10 3NQ.

Offences created by this instrument

Obstruction of British sea-fishery officers article 15(1) · Status not determined · Requires proof of a state of mind
Recording and accounting of time spent in the areas article 3 · Status not determined · Strict liability
Prior Notification article 4(1) · Status not determined · Strict liability
Prior Notification article 4(3) · Status not determined · Strict liability
Prior Notification article 4(4) · Status not determined · Strict liability
Landing hake at designated ports article 5(1) · Status not determined · Strict liability
Recording information on catches of fish article 6 · Status not determined · Strict liability
Mixing of Species article 7 · Status not determined · Strict liability
Transport of hake article 8 · Status not determined · Mixed — some elements strict, some not

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 2006