The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No.2) Order 1992

Made: 28th April 1992

Laid before Parliament: 11th May 1992

Coming into force: 1st June 1992

The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with sea fishing in Scotland, Wales and Northern Ireland, in exercise of the powers conferred on them by section 30(2) and (3) of the Fisheries Act 1981[^f00001], and of all other powers enabling them in that behalf, hereby make the following Order:

Title, commencement and interpretation

1

• (1) This Order may be cited as the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No.2) Order 1992 and shall come into force on1st June 1992.

• (2) In this Order “the principal Order” means the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986[^f00002].

Amendment of the principal Order

2

The principal Order shall be amended in accordance with articles 3 and 4 below.

3

In article 2 thereof (interpretation) there shall be substituted for the definition of the Council Regulation the following definition—

“the Council Regulation” means Council Regulation (EEC) No.3094/86 laying down certain technical measures for the conservation of fishery resources[^f00003], as amended by Council Regulation (EEC) No.4026/86[^f00004], Council Regulation (EEC) No.2968/87[^f00005], Council Regulation (EEC) No.3953/87[^f00006], Council Regulation (EEC) No.1555/88[^f00007], Council Regulation (EEC) No.2024/88[^f00008], Council Regulation (EEC) No.3287/88[^f00009], Council Regulation (EEC) No.4193/88[^f00010], Council Regulation (EEC) No.2220/89[^f00011], Council Regulation (EEC) No.4056/89[^f00012], Council Regulation (EEC) No.3500/91[^f00013] and Council Regulation (EEC) No.345/92[^f00014];

4

For Schedule 1 thereto (maximum fines on summary conviction apart from fines related to value of fish) there shall be substituted the Schedule to this Order.

Revocation

5

The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) Order 1992[^f00015] is hereby revoked.

SCHEDULE — CONTAINING NEW SCHEDULE 1 TO THE PRINCIPAL ORDER

Signed

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 27th April 1992.

John Selwyn Gummer — Minister of Agriculture, Fisheries and Food

Sir Hector Monro — Parliamentary Under Secretary of State, Scottish Office — 27th April 1992

David Hunt — Secretary of State for Wales — 23rd April 1992

Sir Patrick Mayhew — Secretary of State for Northern Ireland — 28th April 1992

Explanatory note

(This note is not part of the Order)

This Order amends the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986, as amended, ( “the principal Order ”) which makes provision for the enforcement of certain of the enforceable Community restrictions and obligations concerning technical measures for the conservation of fishery resources which are contained in Council Regulation (EEC) No. 3094/86, as previously amended. The principal Order creates offences in respect of breaches of the provisions of that Council Regulation referred to in column 1 (and briefly described in column 2) of Schedule 1 to that Order and in article 3(2) of that Order. The principal Order also specifies penalties for such offences and confers powers of enforcement.

In consequence of that Council Regulation having been amended by Council Regulation (EEC) No. 345/92, article 3 of this Order further updates the definition of “the Council Regulation ” in article 2 of the principal Order (interpretation), and article 4 of this Order substitutes a new Schedule 1 to the principal Order. The amendments made by Council Regulation (EEC) No. 345/92 include in particular—

• (a) provisions relating to the number of meshes in the circumference of the cod-end of certain nets and relating to square-meshed netting in such nets (Article 1(1));

• (b) prohibitions on fishing for sprat in specified waters off the west coast of Denmark and in the Skaggerak and Kattegat (Article 1(6));

• (c) prohibitions on fishing with certain gear in specified waters off the coasts of Spain and Portugal (Article 1(7));

• (d) a prohibition on the carriage on board of automatic sorting equipment (Article 1(7));

• (e) provisions relating to drift nets (Article 1(8)).

The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) Order 1992 is superseded by this Order and is revoked (article 5).

Footnotes

[^f00001]: 1981 c. 29.

[^f00002]: S.I.1986/2090, amended by S.I.1992/263.

[^f00003]: OJ No.L288, 11.10.86, p.1.

[^f00004]: OJ No.L376, 31.12.86, p.1.

[^f00005]: OJ No.L280, 3.10.87, p.1.

[^f00006]: OJ No.L371, 30.12.87, p.9.

[^f00007]: OJ No.L140, 7.6.88, p.1.

[^f00008]: OJ No.L179, 9.7.88, p.1.

[^f00009]: OJ No.L292, 26.10.88, p.5, as corrected in OJ No.L8, 11.1.89, p.22.

[^f00010]: OJ No.L369, 31.12.88, p.1.

[^f00011]: OJ No.L211, 22.7.89, p.6.

[^f00012]: OJ No.L389, 30.12.89, p.75.

[^f00013]: OJ No.L331, 3.12.91, p.2.

[^f00014]: OJ No.L42, 18.2.92, p.15.