LegalizeThe Sea Fishing (Landing and Weighing of Herring, Mackerel and Horse Mackerel) Order 2009
Made: 8th July 2009
Laid before Parliament: 14th July 2009
Coming into force: 12th August 2009
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Citation and commencement
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Designated ports
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Competent authority
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval of weighing systems
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Weighing of fresh herring, mackerel and horse mackerel
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Offences in relation to provisions of the Commission Regulation
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Penalties
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recovery of fines
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers of British sea-fishery officers in relation to fishing boats
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers of British sea-fishery officers on land
12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Warrants to enter premises
13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers of British sea-fishery officers to seize fish and fishing gear
14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Protection of officers
15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Obstruction of officers
16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Offences by corporate bodies
17
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Admissibility of documents in evidence
18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocation
19
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE — Specified provisions of the Commission Regulation relating to landings of more than 10 tonnes of herring, mackerel or horse mackerel taken in specified zones
PART 1
| Provision of the Commission Regulation | Subject matter |
|---|---|
| Article 2(1) | Prohibition on landing fish in ports other than designated ports |
| Article 3(1) | Requirement to give a specified period of prior notification to the competent authority of landing, catch details and other specified information |
| Article 4 | Prohibition on discharging catch without authorisation |
| Article 5(1) | Requirement to submit relevant pages of logbook immediately upon arrival in port |
| Article 5(2) and (3) | Requirement that the quantities retained on board must equal the quantities recorded in the logbook, subject to a specified permitted margin of tolerance |
| Article 10 | Requirement to label or stamp frozen fish to convey specified information |
PART 2
| Provision of the Commission Regulation | Subject matter |
|---|---|
| Article 6(1), last sentence | Requirement, in relation to fresh fish, to use the figure resulting from the weighing to complete landing declarations, sales notes and takeover declarations |
| Article 6(2) | Requirement that, when determining weight of fresh fish, any deduction made for water must not exceed a specified percentage |
| Article 8 | Requirement, where publicly operated weighing facilities for fresh fish are used, to issue weighing slips and to attach such slips to sales notes or takeover declarations |
| Article 9(3) and second and third sentences of Article 9(4) | Requirement to keep, and record specified information in, a bound, paginated weighing logbook |
| Article 9(4), first sentence | Requirement to fit visible counter on a conveyor belt weighing system |
| Article 11(1), first sentence | Requirement to weigh frozen fish prior to the fish being processed, held in storage, transported from port of landing or resold |
| Article 11(1), second sentence, and the Annex | Requirement to determine the weight of frozen fish by using the specified methodology |
| Article 11(2) | Requirement, in relation to landings of frozen fish, to keep records indicating specified information |
| Article 11(3) | Requirement, in relation to frozen fish, to use the figure resulting from the weighing to complete landing declarations, sales notes and takeover declarations |
| Article 12 | Requirement to keep specified weighing documents for a specified period |
| Article 13 | Requirement to submit sales note or takeover declaration to the competent authority within a specified period |
Signed
Huw Irranca-Davies — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 2nd July 2009
Paul Goggins — Minister of State — Northern Ireland Office — 8th July 2009
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order makes provision for the enforcement of restrictions and obligations relating to the landing and weighing of herring, mackerel and horse mackerel contained in Commission Regulation (EC) No 1542/2007 (OJ No L 337, 21.12.2007, p. 56) (“the Commission Regulation”).
Article 4 designates the ports for the landing of herring, mackerel and horse mackerel.
Article 5 designates the competent authority for purposes of the Commission Regulation.
Article 6 provides that the Secretary of State may approve a weighing system for weighing herring, mackerel or horse mackerel, and article 7 provides that it is an offence for a person to fail to comply with provisions of the Commission Regulation relating to the weighing of fresh fish.
Article 8 provides that it is an offence to contravene, or fail to comply with, the provisions of the Commission Regulation specified in the Schedule. These offences relate to the landing of herring, mackerel and horse mackerel in designated ports, the keeping and production of documents relating to the catch, the procedures for weighing of fresh and frozen fish, and the labelling of frozen fish.
Article 9 sets out the penalties for an offence contained in this Order, and article 10 contains provisions relating to the recovery of fines.
Articles 11 to 14 set out the powers of British sea-fishery officers in relation to the enforcement of this Order.
Article 19 contains a revocation.
An impact assessment of the effect that this Order will have on the costs of business and the voluntary sector is available from the Department for Environment, Food and Rural Affairs, Sea Fisheries Conservation Division, Nobel House, 17 Smith Square, London SW1P 3JR.
Footnotes
[^f00001]: 1981 c. 29 (“the 1981 Act”). See section 30(3) for the definitions of “the Ministers” (as modified in relation to Scotland by section 30(5)), and “enforceable Community restriction”.
[^f00002]: The function of the Ministers under section 30(2) of the 1981 Act in relation to Wales was transferred to the National Assembly for Wales and then transferred from that body to the Welsh Ministers: see article 2(a) of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). The function under section 30(2) exercisable in relation to British fishing boats (other than Scottish ones) within the Scottish zone and Scottish fishing boats outside that zone but within British fishery limits remains exercisable by the Ministers despite being transferred to the Scottish Ministers under section 53(1) of the Scotland Act 1998 (c. 46): see article 3(1) of, and Schedule 1 to, the Scotland Act 1998 (Concurrent Functions) Order 1999 (S.I. 1999/1592). The function under section 30(2) exercisable in relation to the Northern Ireland zone and Northern Ireland fishing boats outside that zone remains exercisable by the Ministers despite being transferred to the Department of Agriculture and Rural Development in Northern Ireland under article 3(2) of, and paragraph 3 of Schedule 2 to, the Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790): see paragraph 3(2) of Schedule 2 to that Order. Any remaining functions of the Secretaries of State for Scotland and Wales under section 30(2) of the 1981 Act in relation to England have been transferred to the Minister of Agriculture, Fisheries and Food: see article 2(1) of the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812). The function of that Minister and the Secretary of State concerned with sea fishing in Northern Ireland acting jointly under section 30(2) has been transferred to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with sea fishing in Northern Ireland acting jointly: see article 2(5) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).
[^f00003]: 1972 c. 68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).
[^f00004]: OJ No L 337, 21.12.2007, p 56.
[^f00005]: OJ No L 261, 20.10.1993, p 1, as last amended by Council Regulation (EC) No 1006/2008 (OJ No L 286, 29.10.2008, p 33).
[^f00006]: As defined by section 1 of the Fishery Limits Act 1976 (c. 86).
[^f00007]: 1998 c. 46.
[^f00008]: 1998 c. 47.
[^f00009]: See section 1 of the Territorial Sea Act 1987 (c. 49), as extended to Jersey by S.I. 1997/278 as amended by S.I. 2002/250, and to the Isle of Man by S.I. 1991/1722.
[^f00010]: 1995 c. 21.
[^f00011]: 2006 c. 32.
[^f00012]: 1968 c. 77; section 7 is amended by article 4 of, and paragraph 48 of Schedule 2 to, S.I. 1999/1820 and by sections 26(1) and 46(2) of, and Part II of Schedule 5 to, the Fisheries Act 1981.
[^f00013]: Section 30(2A) was inserted by S.I. 1999/1820.
[^f00014]: S.I. 2001/1208, to which there is one amendment not relevant to this Order.
[^f00015]: 1980 c. 43; section 78 was amended by the Criminal Justice Act 1982 (c. 48), sections 37 and 46, and by the Courts Act 2003 (c. 39), section 109(1) and paragraph 219 of Schedule 8.
[^f00016]: S.I. 1981/1675 (NI 26).
[^f00017]: 1995 c. 46; section 222 was amended by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), Schedule 1, paragraph 20(3).
[^f00018]: S.I. 2006/1970.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Editorial notes
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.