The Sea Fishing (Enforcement of Community Quota Measures) (Amendment) Order 1996

• Citation: S.I. 1996/2433
• Sections: 4

Section 1 Title, commencement and interpretation

(1) This Order may be cited as the Sea Fishing (Enforcement of Community Quota Measures) (Amendment) Order 1996 and shall come into force on 11 October 1996.

(2) In this Order “the principal Order ” means the Sea Fishing (Enforcement of Community Quota Measures) Order 1996 .

Section 2 Amendment of the principal Order

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

Section 3 Amendment of the principal Order

In article 2 of the principal Order—

(a) for paragraph (1) there shall be substituted the following paragraph—

(1) In this Order—

“British fishing boat” means a boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands;

“Regulation 3074/95” means Council Regulation ( EC ) No. 3074/95 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1996 and certain conditions under which they may be fished as amended ;

“Regulation 1602/96” means Council Regulation (EC) No. 1602/96 fixing special management measures for North Sea herring and amending Regulation (EC) No. 3074/95 ;

“specified Community provision” means a provision of a regulation of the European Community referred to in column 1 of the Schedule to this Order which is specified in column 2 of that Schedule, opposite the reference to that regulation, as read with any qualifying words relating to that provision in that column.

(b) at the end of the article there shall be inserted the following paragraph—

(3) For the purpose of the prohibition contained in Article 1 of Regulation 1602/96 the harbours at which a fishing boat to which this Order applies may land catches of fish containing unsorted herring are—

(a) Aberdeen;

(b) Lerwick;

(c) any other harbour within British fishery limits whose sampling systems a British sea-fishery officer at that harbour decides, having regard to the overall size and characteristics of the catch, to be adequate for the purpose following application by the master of the boat to a British sea-fishery officer at that harbour before the landing of the catch,

and where a British sea-fishery officer has made a decision as to the adequacy of a harbour in accordance with sub-paragraph (c) above he shall notify the master of the boat accordingly.

Section 4 Amendment of the principal Order

For the Schedule to the principal Order there shall be substituted the Schedule to this Order.