Citation and commencement

1. This Order may be cited as the Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Amendment Order 2009 and comes into force on 1st January 2010.

Amendment of the Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 2007

2.–(1) The Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 2007(2) is amended in accordance with this article.

(2) In article 2 (interpretation)–

(a) before the definition of "premises" insert–

""Community fishing boat" means a fishing boat flying the flag of, and registered in, a Member State of the European Community other than the United Kingdom;";

(b) before the definition of "relevant document" insert–

""relevant British fishing boat" means a fishing boat which is not a Scottish fishing boat and which either is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995(3) or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act;"; and

(c) for the definition of "relevant fishing boat", substitute–

""relevant fishing boat" means–

(3) In article 3 (offences)–

(a) for paragraph (3) substitute–

"A person in charge of a relevant fishing boat in relation to which there is a contravention of, or failure to comply with, a provision of the Regulation referred to in column 1 of Part 3 of the Schedule commits an offence."; and

(b) for paragraph (4) substitute–

"Any person who, in purported compliance with Article 5 of the Regulation, knowingly or recklessly makes a false or misleading entry in a logbook, or furnishes information which is false in a material particular, commits an offence where the entry is made, or the information is furnished, in Scotland or in the Scottish zone.".

(4) In Schedule 1 (specified community provisions, contravention of which constitutes an offence)–

(a) in Part 1 omit the entries in columns 1 and 2 for items 2, 3, 4 and 5; and

(b) after Part 2 insert–

"Part 3

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 2007 ("the principal Order"). The principal Order makes provision for the enforcement of restrictions and obligations contained in Council Regulation (EC) No. 1185/2003 on the removal of fins of sharks on board vessels (O.J. No. L 167, 4.7.03, p.1) ("the Regulation").

The Order amends article 2 (interpretation) of the principal Order by adding definitions of "Community fishing boat" and "relevant British fishing boat". It also amends the definition of "relevant fishing boat", which varies the application of the offence provisions under article 3 of the principal Order (article 2(2)).

The Order amends article 3 (offences) of the principal Order by–

(a) removing the defence of acting in compliance with a special fishing permit, issued in accordance with Article 4 of the Regulation (article 2(3)(a));

(b) amending the offence provisions so that they apply to redefined categories of fishing boats. It modifies article 3(1) of the principal Order by excluding from its application, any non-Scottish fishing boat within the Scottish zone which holds, and operates in compliance with, a special fishing permit issued in accordance with Article 4 of the Regulation. It substitutes article 3(3) of the principal Order to make it an offence for any non-Scottish fishing boat, which is within the Scottish zone and holds a special fishing permit, to contravene the specified provisions of the Regulation that relate to special fishing permits (article 2(2)(c) and (3)(a)); and

(c) substituting article 3(4) of the principal Order to restrict the offence of providing false information, in purported compliance with Article 5 of the Regulation, to information which is provided in Scotland or in the Scottish zone and to remove reference to information provided in relation to a Scottish fishing boat (article 2(3)(b)).

The Order amends Schedule 1 to the principal Order by–

(a) removing from Part 1, the offences relating to breaches of conditions associated with special fishing permits (article 2(4)(a)); and

(b) inserting a Part 3 to make it an offence for any non-Scottish fishing boat, which is within the Scottish zone and holds a special fishing permit, to contravene any of the specified provisions of the Regulation that relate to special fishing permits (article 2(2)(c) and (4)(b)).

No Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business.