The Sea Fishing (Miscellaneous Amendments) Regulations 2018

• Citation: S.I. 2018/643
• Sections: 11

Section 1 Citation, commencement, extent and interpretation

(1) These Regulations may be cited as the Sea Fishing (Miscellaneous Amendments) Regulations 2018 and come into force on 18th June 2018.

(2) Subject to paragraphs (3) and (4), they extend to England and Wales only.

(3) The following regulations also extend to Scotland—

(a) this regulation;

(b) regulations 2 to 5, so far as they relate to article 9(6A)(e) and (12)(a) of the 2009 Order (as inserted by regulation 5); and

(c) regulations 9 and 10, and regulation 8 so far as it relates to those regulations.

(4) The following regulations also extend to Northern Ireland—

(a) this regulation;

(b) regulations 2 to 5, so far as they relate to article 9(6A)(e) and (12)(b) of the 2009 Order (as inserted by regulation 5); and

(c) regulations 8 to 11.

(5) In these Regulations, “the 2009 Order” means the Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009 .

Section 2 Amendment of the 2009 Order

The 2009 Order is amended in accordance with regulations 3 to 7.

Section 3 Amendment of article 2

For article 2 (application) substitute—

Extent and application

(2)

(1) Subject to paragraphs (2) and (3), this Order extends to England and Wales only, except for the following provisions which also extend to Scotland and Northern Ireland—

(a) articles 1 to 3; and

(b) article 9(6A)(e).

(2) Article 9(12)(a) also extends to Scotland.

(3) Article 9(12)(b) also extends to Northern Ireland.

(4) Subject to paragraph (5), this Order applies—

(a) in England and Wales and the Welsh zone;

(b) in relation to English fishing boats and Welsh fishing boats, wherever they are; and

(c) in relation to other fishing boats which are within the Exclusive Economic Zone but not in—

(i) the Scottish zone; or

(ii) the Northern Ireland zone.

(5) Article 9(6A)(e) applies to offences committed—

(a) in England, in relation to English fishing boats;

(b) in Wales, in relation to Welsh fishing boats;

(c) in Scotland, in relation to Scottish fishing boats; and

(d) in Northern Ireland, in relation to Northern Ireland fishing boats.

Section 4 Amendment of article 3

In article 3 (interpretation)—

(a) for the definition of “England” substitute—

“England” includes the area within the seaward limits of the territorial sea adjacent to England but does not include any area in the Welsh zone, the Scottish zone or the Northern Ireland zone;

(b) after the definition of “England” insert—

“English fishing boat” means a fishing boat which is—

registered at a port in England, under section 8 of the Merchant Shipping Act 1995 ; or

owned wholly by persons qualified to own British ships for the purposes of Part 2 of the Merchant Shipping Act 1995, other than a Welsh fishing boat, a Northern Ireland fishing boat or a Scottish fishing boat;

(c) after the definition of “local authority” insert—

“Northern Ireland” has the meaning given in section 98(1) of the Northern Ireland Act 1998 ;

“Northern Ireland fishing boat” means a fishing boat which is registered at a port in Northern Ireland, under section 8 of the Merchant Shipping Act 1995;

“Northern Ireland zone” has the meaning given in section 98(1) of the Northern Ireland Act 1998;

(d) after the definition of “port health authority” insert—

“Scotland” has the meaning given in section 126(1) of the Scotland Act 1998 ;

“Scottish fishing boat” means a fishing boat which is registered at a port in Scotland, under section 8 of the Merchant Shipping Act 1995;

“Scottish zone” has the meaning given in section 126(1) of the Scotland Act 1998;

(e) after the definition of “Wales” insert—

“Welsh fishing boat” means a fishing boat which is registered at a port in Wales, under section 8 of the Merchant Shipping Act 1995;

“Welsh zone” has the meaning given in section 158(1) of the Government of Wales Act 2006

Section 5 Amendment of article 9

(1) Article 9 (offences) is amended as follows.

(2) For paragraph (4) substitute—

(4) It is an offence for a person to engage in fishing for a stock in any area where, under the conservation and management measures (within the meaning of the Council Regulation) applicable in that area, such fishing is subject to a moratorium or is prohibited.

(3) After paragraph (6) insert—

(6A) In relation to a non-cooperating third country listed on a list established under Article 33 of the Council Regulation, it is an offence for a person—

(a) to import fishery products caught by a fishing vessel flying the flag of the third country unless the products are from stock or species to which the listing does not apply;

(b) to purchase a fishing vessel flying the flag of the third country;

(c) to reflag a fishing vessel flying the flag of a member State so that it flies the flag of the third country;

(d) to enter into a charter agreement with the third country in relation to a fishing vessel flying its flag;

(e) to export a Community fishing vessel to the third country;

(f) to enter into an agreement for a fishing vessel flying the flag of a member State to use the fishing possibilities of the third country; or

(g) to participate in joint fishing operations with a fishing vessel flying the flag of the third country.

(4) After paragraph (11) insert—

(12) Paragraph (6A)(e) is an “equivalent provision” for the purposes of—

(a) the Sea Fishing (Illegal, Unreported and Unregulated Fishing) (Scotland) Order 2013 ; and

(b) the Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order (Northern Ireland) 2018 .

Section 6 Omission of article 11

Omit article 11 (recovery of fines).

Section 7 Amendment of article 21

(1) Article 21 (admissibility of documents in evidence) is amended as follows.

(2) In paragraph (2)—

(a) in sub-paragraph (a), for “kept under Article 6 or 17(2)” substitute “referred to in Article 14”;

(b) in sub-paragraph (b), for “a declaration submitted under Article 8(1), 9, 12, 17(2) or 28f” substitute “a landing declaration referred to in Article 23”;

(c) in sub-paragraph (c), for “submitted under Article 9” substitute “referred to in Articles 62 and 64”;

(d) in sub-paragraph (d), for “document drawn up under Article 13” substitute “transport document referred to in Article 68”;

(e) in sub-paragraph (e), for “Article 3(7)” substitute “Article 9(7)”; and

(f) after sub-paragraph (e) insert—

(f) a transhipment declaration referred to in Article 21 of the Control Regulation;

(g) a take-over declaration referred to in Article 66 of the Control Regulation.

(3) In paragraph (3), for “Article 3(1)” substitute “Article 9(1)”.

(4) In paragraph (6), for “ Council Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy” substitute “Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy” .

Section 8 Amendment of the Sea Fishing (Points for Masters of Fishing Boats) Regulations 2014

The Sea Fishing (Points for Masters of Fishing Boats) Regulations 2014 are amended in accordance with regulations 9 to 11.

Section 9 Amendment of regulation 1

In regulation 1(2) (extent), after “8(5)” insert “, 8(6)”.

Section 10 Amendment of regulation 8

In regulation 8 (allocation of points in respect of convictions and administrative sanctions in other member States and third countries), after paragraph (5) insert—

(6) If the allocation of points under this regulation triggers a suspension or disqualification under regulation 10 or under a corresponding Scottish enactment, the Marine Management Organisation must ensure that the start date of the suspension or disqualification is at least one calendar day after it is included in the register.

Section 11 Amendment of regulation 10

(1) Regulation 10 (suspension and disqualification) is amended as follows.

(2) In paragraph (4)(b), for “if” substitute “if later, in a case where”.

(3) After paragraph (5) insert—

(5A) If a master is already suspended from mastering a vessel when the master accumulates points triggering a further suspension period under this regulation, the further suspension period starts on the expiry of the existing suspension period.