The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites (Wales) Regulations 2006

Made: 6 June 2006

Coming into force: 9 June 2006

The National Assembly for Wales, being designated[^f00001] for the purposes of section 2(2) of the European Communities Act 1972[^f00002] in relation to the common agricultural policy of the European Community and in exercise of the powers conferred upon it by the said section 2(2) hereby makes the following Regulations:

Title, commencement and application

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• (1) The title of these Regulations is the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites (Wales) Regulations 2006.

• (2) These Regulations, which apply in relation to Wales and the Welsh zone, come into force on 9 June 2006.

• (3) Proceedings for an offence under these Regulations may be taken, and for all incidental purposes the offence may be treated as having been committed, in any place in the United Kingdom.

Interpretation

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• (1) In these Regulations–

• ...

• ...

• “the Control Regulation” (“y Rheoliad Rheolaeth”) means Council Regulation (EC) No. 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, as amended from time to time;

• “document” (“dogfen”) includes information recorded in any form;

• “equivalent provisions” (“darpariaethau cywerth”) means any provision in any other regulations made under section 2(2) of the European Communities Act 1972 for the purposes of implementing Chapter II of Title V, extending to any part of the United Kingdom, which has equivalent effect to any provision in these Regulations;

• “first sale fish” (“pysgod gwerthiant cyntaf”) means fish being marketed for the first time;

• “fish” (“pysgod”) means fishery products landed from a fishing vessel to which the Control Regulation applies;

• “licensed fishing vessel” (“cwch pysgota trwyddedig”) means a fishing vessel in respect of which a licence has been issued under section 4 of the Sea Fish (Conservation) Act 1967[^f00006] or under similar fisheries related provisions ... by the appropriate authorities in the Channel Islands, Isle of Man or another country;

• “National Assembly” (“Cynulliad Cenedlaethol”) means the National Assembly for Wales;

• “PLN” (“PLN”) means a vessel’s port number within the meaning of regulation 31 of the Merchant Shipping (Registration of Ships) Regulations 1993[^f00007];

• “registered fish buyer” (“prynwr pysgod cofrestredig”) means a person who is registered by the National Assembly in accordance with regulation 7; and

• “registered fish seller” (“gwerthwr pysgod cofrestredig”) means a person who is registered by the National Assembly in accordance with regulation 3.

• “Wales” (“Cymru”) has the same meaning as it has by virtue of section 158 of the Government of Wales Act 2006;

• “Welsh zone” (“parth Cymru”) has the same meaning as it has by virtue of section 158 of the Government of Wales Act 2006.

• (2) In these Regulations, any reference to a fish seller includes–

• (a) an agent who sells fish on behalf of the seller; and,

• (b) an auction trader.

• (3) Terms used in these Regulations which are not defined in paragraph (1) or (2) and which appear in the Control Regulation have the same meaning in these Regulations as they have for the purposes of the Control Regulation.

• (4) In these Regulations, a reference to an Article means an Article of the Control Regulation, and a reference to Chapter II of Title V means Chapter II of Title V of the Control Regulation.

Registration of fish sellers

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• (1) A registered fish seller is authorised for the purposes of Chapter II of Title V (Control of marketing : post-landing activities), insofar as that person sells first sale fish by any form of competitive bidding at a designated auction site either on their own behalf or as the seller’s agent.

• (2) Any person may apply, using such form as the National Assembly may prescribe, to the National Assembly to be registered as a fish seller.

• (3) An applicant for registration as a fish seller must include with the application a statement of the facilities and the proposed methods of operation the applicant intends to use and of the place where the applicant intends to maintain the records of sales of first sale fish.

• (4) In considering an application for registration the National Assembly must take into account whether the statement as to the facilities and proposed methods of operation of the applicant, and of the place where the applicant intends to maintain the records of sales of first sale fish, are such as to assist compliance by the applicant with Articles 59, 62, 63, 64, 66 and 67 and these Regulations.

• (5) The National Assembly must notify an applicant in writing of its decision on an application made to it in accordance with this regulation.

• (6) Where the National Assembly grants a registration it will be subject to and must specify the conditions listed at Schedule 1.

• (7) The National Assembly must publish a list of registered fish sellers in such manner as it sees fit.

• (8) The registration of a fish seller may be suspended where, in the view of the National Assembly, the registered fish seller has not–

• (a) complied with a condition of registration; or,

• (b) complied with any requirement of Articles 59, 62, 63, 64, 66 or 67 or these Regulations.

• (9) Any person who knowingly or recklessly makes a false statement for the purposes of an application under this regulation is guilty of an offence.

• (10) Any registered fish seller who sells first sale fish in breach of a condition of registration is guilty of an offence.

Sale of fish by unregistered seller

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Any person who–

• (a) sells first sale fish by any form of competitive bidding at a designated auction site, either on that person’s own behalf or as an agent of the seller; and

• (b) is not a registered fish seller,

is guilty of an offence.

Maintenance of records by registered fish seller

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• (1) A registered fish seller must maintain records, of each sale of first sale fish that the registered fish seller makes, at the place notified to the National Assembly in accordance with these Regulations.

• (2) The records referred to in this regulation must include all of the following information in relation to each sale–

• (a) date and location of the sale;

• (b) quantities of each species sold;

• (c) price paid for each species sold;

• (d) name and PLN of the vessel which landed the fish;

• (e) name, address and, where available, registration number of the buyer;

• (f) reference number of the invoice or contract of sale.

• (3) A registered fish seller must keep the records of each sale as required by this regulation for 3 years.

• (4) A registered fish seller must make available for inspection at all reasonable times the records of sale of fish at the place notified to the National Assembly.

• (5) A registered fish seller whose business does not operate from or is not established in the United Kingdom must–

• (a) either–

• (i) nominate a place in the United Kingdom where the records will be made available to the National Assembly until the end of the second calendar year following the sale to which the records relate; or

• (ii) submit the records annually from the date of registration; and

• (b) submit the records within 28 days of a demand by the National Assembly.

• (6) A registered fish seller whose business does not operate from or is not established in the United Kingdom must keep the records of each sale as required by this regulation until the end of the second calendar year following that sale.

• (7) A registered fish seller who fails to keep or make available the records as required by this regulation is guilty of an offence.

Designation of fish auction sites

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• (1) Any person may apply to the National Assembly, using such form as it may prescribe, to have a place designated for the purposes of Chapter II of Title V as a fish auction site.

• (2) An application for designation under this regulation must include a statement as to the facilities and proposed methods of operation which will be used at the site.

• (3) In considering an application for designation under this regulation the National Assembly will take into account whether the statement as to the facilities and proposed methods of operation at the site are such as to assist compliance with Chapter II of Title V and these Regulations.

• (4) The National Assembly must notify the applicant in writing of its decision on an application for designation made in accordance with this regulation.

• (5) Where the National Assembly grants a designation it will be subject to and must specify the conditions listed at Schedule 2.

• (6) The National Assembly must publish a list of designated fish auction sites in such a manner as it sees fit.

• (7) The designation of a fish auction site may be suspended where in the view of the National Assembly–

• (a) a condition subject to which the designation was granted has not been complied with; or

• (b) the methods of operation and facilities at the site do not comply with the requirements of Chapter II of Title V or these Regulations.

• (8) Any person who knowingly or recklessly makes a false statement for the purposes of this regulation is guilty of an offence.

• (9) Any person who has control over a designated fish auction site, or part of such a site, and breaches a condition of the site’s designation, is guilty of an offence.

• (10) In this regulation–

• “person who has control of a designated fish auction site” includes, in relation to a designated fish auction site or any part of such a site, the owner of the site or that part, or the owner’s agent, or any person who exercises any control over or is in possession of the site or that part.

Registration of fish buyers

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• (1) For the purposes of Article 59 any person may apply to the National Assembly to be registered as a fish buyer, using such form as the National Assembly may prescribe.

• (2) An application for registration as a fish buyer must include a statement of the facilities and the proposed methods of operation the applicant intends to use and of the place where the applicant intends to maintain the records of purchases of first sale fish.

• (3) In considering an application the National Assembly must take into account whether the statement as to the proposed methods of operation of the applicant, and of the place where the applicant intends to maintain the records of purchases of first sale fish, are such as to assist compliance by the applicant with Articles 62, 63, 64, 66 and 67 and these Regulations.

• (4) The National Assembly must notify an applicant in writing of its decision on an application made to it in accordance with this regulation.

• (5) Where the National Assembly grants a registration it will be subject to and must specify the conditions listed at Schedule 3.

• (6) The National Assembly must publish a list of registered fish buyers in such manner as it sees fit.

• (7) The registration of a fish buyer may be suspended where, in the view of the National Assembly, the registered fish buyer has not–

• (a) complied with a condition of registration; or,

• (b) conducted business in a manner that complies with the requirements of Articles 62, 63, 64, 66 or 67 or these Regulations.

• (8) Any person who knowingly or recklessly makes a false statement for the purposes of an application under this regulation is guilty of an offence.

• (9) Any registered fish buyer who fails to comply with a condition of registration is guilty of an offence.

Purchase of fish by an unregistered buyer

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Any person who buys fish contrary to Article 59(2) is guilty of an offence, unless the exemption in Article 59(3) applies.

Maintenance of records by registered fish buyer

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• (1) A registered fish buyer must maintain and make available for inspection records of every purchase of first sale fish that the buyer makes.

• (2) The records referred to in this regulation must include all of the following information in relation to each individual purchase–

• (a) date and location of the purchase;

• (b) quantity of each species purchased;

• (c) price paid for each species purchased;

• (d) name and PLN of the vessel which landed the fish;

• (e) name, address, and where available, the registration number of the seller;

• (f) reference number of the invoice or contract of sale.

• (3) A registered fish buyer must keep the records of each purchase, as required by this regulation, and at the place notified to the National Assembly , for 3 years.

• (4) A registered fish buyer must make available for inspection at all reasonable times the records of purchases of fish at the place notified to the National Assembly.

• (5) A registered fish buyer whose business does not operate from or is not established in the UK must–

• (a) either–

• (i) nominate a place in the UK where the records will be made available to the National Assembly until the end of the second calendar year following purchase; or

• (ii) submit the records annually from the date of registration; and

• (b) submit the records within 28 days of a demand by the National Assembly.

• (6) A registered fish buyer whose business does not operate from the UK must keep the records of each purchase as required by this regulation until the end of the second calendar year following that purchase.

• (7) A registered fish buyer who fails to keep or make available the records as required by this Regulation is guilty of an offence.

Sale of first sale fish landed from a licensed fishing vessel

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Any person who sells first sale fish which has been landed in Wales otherwise than by a licensed fishing vessel is guilty of an offence.

Purchase of first sale fish landed from a licensed fishing vessel

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• (1) Any person who buys first sale fish which has been landed otherwise than by a licensed fishing vessel is guilty of an offence.

• (2) In any proceedings for an offence under paragraph (1), it is a defence for a person to show that-

• (a) the person did not know; and

• (b) it was reasonable for that person not to suspect,

that the fish had not been landed by a licensed fishing vessel.

Penalties

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• (1) A person convicted of an offence under these Regulations is liable–

• (a) on summary conviction to a fine not exceeding the statutory maximum; or

• (b) on conviction on indictment, to a fine.

• (2) In addition to the penalties in paragraph (1), a court may also-

• (a) in relation to an offence under regulations 3(9), 3(10) or 5(7), order that the registration of the person convicted is revoked and that the person be disqualified from applying for registration under regulation 3, or be disqualified from applying for registration under regulation 3 for a specified period;

• (b) in relation to an offence under regulation 6(8) or 6(9), order that the designation of the site be revoked or order that the person convicted be disqualified from applying to have a site designated under regulation 6 or be disqualified from applying to have a site designated under that regulation for a specified period; and

• (c) in relation to an offence under regulations 7(8), 7(9) or 9(7), order that the registration of the person convicted is revoked and that that person be disqualified from applying for registration under regulation 7 or be disqualified from applying for registration under that regulation for a specified period.

Powers of British sea-fishery officers in relation to fishing boats

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• (1) For the purpose of enforcing these Regulations or any equivalent provisions, any British sea-fishery officer may exercise the powers conferred by this article in relation to any fishing boat within Wales and the Welsh zone.

• (2) The officer may go on board the boat, with or without persons assigned to assist in that officer’s duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.

• (3) The officer may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to the officer to be necessary for the purpose mentioned in paragraph (1) of this regulation and, in particular–

• (a) may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to the officer to be necessary for facilitating the examination;

• (b) may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in that persons custody or possession;

• (c) for the purpose of ascertaining whether an offence under these Regulations or any equivalent provisions has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search;

• (d) may inspect and take copies of any such document produced to the officer or found on board;