The Sea Fishing (Miscellaneous Amendments) Regulations 2019

Made: 26th September 2019

Laid before Parliament: 30th September 2019

Coming into force in accordance with regulation 1

These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State that it is expedient for the references to Articles of the EU instruments listed in the Schedule to these Regulations to be construed as a reference to those Articles as amended from time to time.

Citation and commencement

1

These Regulations may be cited as the Sea Fishing (Miscellaneous Amendments) Regulations 2019 and come into force 21 days after the day on which the Regulations are laid.

The Scallop Fishing (England) Order 2012

2

In article 5(3) of the Scallop Fishing (England) Order 2012[^f00003], for the words from “Annex XIII to” to the end, substitute “Annex 4 to Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fisheries resources and the protection of marine ecosystems through technical measures[^f00004]”.

The Sea Fishing (Enforcement) Regulations 2018

3

For the table in the Schedule to the Sea Fishing (Enforcement) Regulations 2018[^f00005], substitute the table in the Schedule to these Regulations.

SCHEDULE — New Table

Signed

George Eustice — Minister of State — Department for Environment, Food and Rural Affairs — 26th September 2019

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make miscellaneous amendments to legislation in the field of sea fisheries and sea fish conservation to reflect the repeal, amendment and replacement of certain EU instruments relating to fisheries conservation and to amend out of date references to such instruments.

Regulation 2 makes a minor amendment to the Scallop Fishing (England) Order 2012 (S.I. 2012/2283) to replace an out of date reference to Council Regulation (EC) No 850/98 (OJ No. L 125, 27.4.1998, p.1).

Regulation 3 replaces the table in the Schedule to the Sea Fishing (Enforcement) Regulations 2018 (S.I. 2018/849) which specifies the EU fisheries conservation measures in relation to which inshore fisheries and conservation officers have the enforcement powers in section 166(3) of the Marine and Coastal Access Act 2009 (c. 23). The replacement table reflects the repeal of a number of EU instruments, the amendment of Council Regulation (EC) No 1224/2009 (OJ No L 343, 22.12.2009, p.1) and the coming into force of Regulation (EU) 2019/1241 of the European Parliament and of the Council (OJ No. L 198, 25.7.2019, p.105).

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

Footnotes

[^f00001]: 1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and by S.I. 2007/1388. The European Communities Act 1972 is prospectively repealed by the European Union (Withdrawal) Act 2018 (c. 16), section 1 from exit day (see section 20 of that Act). Under section 57(1) of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Scotland. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions in relation to Wales.

[^f00002]: S.I. 1972/1811, to which there are amendments not relevant to these Regulations. It is prospectively repealed by the European Union (Withdrawal) Act 2018, section 1 from exit day (see section 20 of that Act). The designation in relation to the common agricultural policy extends to the common fisheries policy under Article 38(1) of the Treaty on the Functioning of the European Union (OJ No. C 326, 26.10.2012, p.62). Functions exercisable by the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly were transferred to the Secretary of State by S.I. 2002/794.

[^f00003]: S.I. 2012/2283, amended by S.I. 2019/526.

[^f00004]: OJ No L 198, 25.7.2019, p.105.

[^f00005]: S.I. 2018/849, amended by S.I. 2019/526. It is prospectively amended by S.I. 2019/746 and 753 from exit day (see section 20 of the European Union (Withdrawal) Act 2018 (c. 16)).

[^f00006]: OJ No. L 318, 7.12.1984, p.23, as last amended by Commission Regulation (EC) No 146/2007 (OJ No. L 46, 16.2.2007, p.9).

[^f00007]: OJ No. L 277, 20.10.2001, p.13, as amended by Commission Implementing Regulation (EU) 2015/1897 (OJ No. L 277, 22.10.2015, p.11).

[^f00008]: OJ No. L 77, 20.3.2002, p.8, as amended by Commission Implementing Regulation (EU) 2015/1867 (OJ No. L 275, 20.10.2015, p.20).

[^f00009]: OJ No. L 167, 4.7.2003, p.1, as amended by Regulation (EU) No 605/2013 of the European Parliament and of the Council (OJ No. L 181, 29.6.2013, p.1).

[^f00010]: OJ No. L 343, 22.12.2009, p. 1, as last amended by Regulation (EU) 2019/1241 of the European Parliament and of the Council (OJ No. L 198, 25.7.2019, p.105).

[^f00011]: OJ No. L 354, 28.12.2013, p.22, as last amended by Regulation (EU) 2019/1241 of the European Parliament and of the Council (OJ No. L 198, 25.7.2019, p.105).

[^f00012]: Minimum conservation reference sizes applicable to Article 15(12) are specified in Part A of Annexes 5 to 10 to Regulation (EU) 2019/1241 of the European Parliament and of the Council, applied by virtue of Article 13(1)(a) of that Regulation.

[^f00013]: OJ No. L 252, 16.9.2016, p.1, as amended by Regulation (EU) 2019/833 of the European Parliament and of the Council (OJ No. L 141, 28.5.2019, p.1).

[^f00014]: OJ No. L 29, 31.1.2019, p.1, as last amended by Council Regulation (EU) 2019/1097 (OJ No. L 175, 28.6.2019, p.3).