The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2006 No. 2798 (W.237)

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Statutory Instruments made by the National Assembly for Wales

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STATUTORY INSTRUMENTS

2006 No. 2798 (W.237)
SEA FISHERIES, WALES
The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2006

	Made	17 October 2006
	Coming into force	20 October 2006

The National Assembly for Wales, in exercise of the powers conferred by section 30(2) of the Fisheries Act 1981[1], makes the following Order:

PART 1
GENERAL
Title, application and commencement
     1. —(1) The title of this Order is the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2006 and it comes into force on 20 October 2006.

    (2) This Order applies in relation to Wales.

    (3) Nothing in paragraph (2) prejudices the effect of section 30(2A) of the Fisheries Act 1981[2] in relation to, or for purposes incidental to, any provision in this Order which creates an offence.

Interpretation
     2. —(1) In this Order—

"British fishing boat" ("cwch pysgota Prydeinig") means a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995[

Rheoliad y Comisiwn

cwch pysgota Cymunedol

darpariaeth gyfatebol

Canolfan Monitro Pysgodfeydd

Cynulliad Cenedlaethol

person sydd â gofal

Rheoliad y Cyngor 2847/93

yr wybodaeth sy'n ofynnol

dyfais olrhain drwy loeren

cwch pysgota trydedd gwlad

Cymru

(2) Any reference to a logbook, declaration or document or any required information includes, in addition to a logbook, declaration or document or required information in writing—

Application
3. This Order only applies to fishing boats to which the Commission Regulation applies.

PART 2
PROVISIONS RELATING TO BRITISH FISHING BOATS AND COMMUNITY FISHING BOATS WITHIN WALES
Application of Part 2
4. Articles 5 to 9 apply to—

Installation of a satellite-tracking device
     5. —(1) A person in charge of a fishing boat which has a satellite-tracking device installed for the purposes of the Commission Regulation which is capable of being manually overridden is guilty of an offence.

    (2) A person in charge of a fishing boat which has a satellite-tracking device installed for the purposes of the Commission Regulation which permits the input or output of false positions is guilty of an offence.

    (3) A person in charge of a fishing boat which leaves port without an operational satellite-tracking device installed on board is guilty of an offence.

Prohibition against switching off a satellite-tracking device whilst in port without prior notification
     6. A person in charge of a fishing boat on which a satellite-tracking device is switched off other than in accordance with Article 8(3) of the Commission Regulation is guilty of an offence.

Transmission of required information
     7. —(1) A person in charge of a fishing boat, the satellite-tracking device on which fails to transmit data in compliance with Article 5(1) of the Commission Regulation on an hourly basis, is guilty of an offence except where—

(a) the satellite-tracking device is transmitting data in compliance with Article 5(1) of the Commission Regulation on a two hourly basis and the Fisheries Monitoring Centre of the flag state can, in accordance with Article 8(2) of the Commission Regulation, poll the actual position of the fishing boat, or

(b) the satellite-tracking device has been switched off in compliance with Article 8(3) of the Commission Regulation, or

(c) data is being communicated in compliance with Article 11(1) of the Commission Regulation.

Recovery of fines
16. —(1) Where a fine is imposed by a magistrates' court on a person in charge of a fishing boat who is convicted by the court of an offence under this Order or any equivalent provision, the court may—

(a) issue a warrant of distress against the boat involved in the commission of the offence and its fishing gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and

(b) order such boat and its gear and catch to be detained for a period not exceeding three months from the date of conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.

(2) Sections 77(1) and 78 of the Magistrates' Courts Act 1980[17] apply to a warrant of distress issued under this article as they apply to a warrant of distress issued under Part III of that Act.

(3) Where, in relation to a fine in respect of an offence under this Order or any equivalent provision, an order under article 95 of the Magistrates' Courts (Northern Ireland) Order 1981[18] or section 222 of the Criminal Procedure (Scotland) Act 1995[19] (both of which deal with transfer of fines from one jurisdiction to another) specifies a local justice area in Wales, this article applies as if the fine were imposed by a court within that local justice area.

PART 5
POWERS AND PROTECTION OF BRITISH SEA FISHERY OFFICERS
Powers of British sea-fishery officers in relation to fishing boats
17. —(1) For the purpose of enforcing this Order or any equivalent provision a British sea-fishery officer may exercise the powers conferred by this article in relation to—

(2) The officer may go on board the boat, with or without persons assigned to assist the officer in the duties of that officer, and for that purpose may require the boat to stop and do anything else which will facilitate 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) and, in particular—

or for the purpose of examining, testing, repairing or replacing such equipment.

(4) Where it appears to a British sea-fishery officer that an offence under this Order or under any equivalent provision has at any time been committed, the officer may—

and where such an officer detains or requires the detention of a boat the officer must serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.

Protection of officers
18. A British sea-fishery officer or a person assisting such an officer by virtue of article 17(2) of this Order will not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred by virtue of article 17 of this Order if the court is satisfied—

(a) that the act was done in good faith;

(b) that there were reasonable grounds for doing it; and

(c) that it was done with reasonable skill and care.

Obstruction etc
19. —(1) Any person who—

(a) fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on such an officer by virtue of article 17 of this Order;

(b) without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or

(c) intentionally obstructs any such officer who is exercising any of those powers, any person assisting such an officer by virtue of article 17(2) or any person authorised by such an officer under article 17(3)(g),

is guilty of an offence.

(2) A person guilty of an offence under paragraph (1) is liable—

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

(b) on conviction on indictment to a fine.

PART 6
MISCELLANEOUS AND SUPPLEMENTAL
Provisions as to offences and proceedings
     20. —(1) Where any offence under this Order, or under any equivalent provision, committed by a body corporate is proved to have been committed with the consent or approval of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

    (2) Where any offence under this Order, or under any equivalent provision, committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.

    (3) Where any offence under this Order, or under any equivalent provision, committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association, that officer, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly.

Admissibility in evidence of logbooks and other documents
     21. Any—

of Council Regulation 2847/93 and any required information received by a Fisheries Monitoring Centre may, in any proceedings for an offence under this Order or under any equivalent provision, be received in evidence without being produced or sworn to by any witness and will be sufficient evidence of the matters stated therein or appearing therefrom.

PART 7
REVOCATION
Revocation
22. —(1) The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2000[20] is revoked.

(2) The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2000 Amendment Regulations 2002[21] are revoked.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[22].

D. Elis-Thomas
The Presiding Officer of the National Assembly

18 October 2006

Notes:

[1] 1981 c. 29. By virtue of article 2(a) of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the functions exercisable under section 30(2) of the 1981 Act were transferred to the National Assembly in so far as exercisable in relation to Wales.back

[2] Section 30(2A) was inserted by S.I. 1999/1820, article 4 and Schedule 2, Part 1, paragraph 68(1) and (5)(a).back

[3] 1995 c.21.back

[4] O.J. No. L333, 20.12.03, p.17.back

[5] O.J. No. L261, 20.10.93, p.1.back

[6] O.J. No. L301, 14.12.95, p.1.back

[7] O.J. No. L301, 14.12.95, p.35.back

[8] O.J. No. L338, 28.12.96, p.12.back

[9] O.J. No. L102, 19.4.97, p.1.back

[10] O.J. No. L304, 7.11.97, p.1.back

[11] O.J. No. L356, 31.12.97, p.14.back

[12] O.J. No. L358, 31.12.98, p.5.back

[13] O.J. No. L122, 16.5.03, p.1.back

[14] O.J. No. L289, 7.11.03, p.1.back

[15] O.J. No. L128, 21.5.05, p.1.back

[16] 1998 c.38.back

[17] 1980 c.43. Section 78 was amended by the Criminal Justice Act 1982 (c.48), sections 37 and 46, and the Courts Act 2003 (c.39), section 109(1) and Schedule 8 paragraph 219(a).back

[18] S.I. 1981/1675 (NI 26).back

[19] 1995 c.46.back

[20] S.I. 2000/1078 (W.71).back

[21] S.I. 2002/677 (W.74).back

[22] 1998 c.38.back

Cymraeg (Welsh)

ISBN 0 11 091412 0

Prepared 26 October 2006

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	Statutory Instruments made by the National Assembly for Wales
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