Made | 10th March 2007 | ||
Laid before Parliament | 15th March 2007 | ||
Coming into force | 6th April 2007 |
(2) Nothing in paragraph (1)(b) prejudices the effect of section 14 of the Act in relation to, or for purposes incidental to, any provision that creates an offence.
Interpretation
2.
—(1) In this Order—
(2) Any reference, other than a reference in article 9, to "British fishery limits" excludes the sea adjacent to Wales out as far as the seaward boundary of the territorial sea.
Prohibition on landing and sale etc. of undersized bass
3.
For the purposes of section 1(1) and (2) of the Act, in its application in England, the size prescribed for bass is 40 centimetres, from the tip of the snout to the end of the tail fin.
Exemption from prohibition on landing
4.
The prohibition in section 1(1) of the Act, as read with this Order, does not apply to bass that is—
Exemptions from prohibition on sale etc. of undersized bass
5.
The prohibition in section 1(2) of the Act, as read with this Order, does not apply to bass that is—
Prohibition on carrying undersized bass
6.
For the purposes of section 1(3) of the Act in its application to any—
in British fishery limits, the size prescribed for bass is 40 centimetres, from the tip of the snout to the end of the tail fin.
Mesh sizes
7.
—(1) For the purposes of section 3(1) of the Act in its application to any—
that is fishing for bass in British fishery limits, the mesh size of any enmeshing gear, including any gill, tangle, drift or trammel net, carried in that boat must be not less than 100 millimetres.
(2) Any boat that has a by-catch of bass of more than 10% of the total catch by weight is to be treated as fishing for bass within the meaning of this article.
Exemptions from prohibition on carrying undersized bass etc.
8.
Articles 6 and 7 do not apply to any Scottish fishing boat, Northern Ireland fishing boat or Isle of Man, Jersey or Guernsey fishing boat in—
Powers of British sea-fishery officers
9.
—(1) For the purposes of enforcing this Order, a British sea-fishery officer may exercise the powers conferred by this article—
(2) Paragraph (1) does not apply to a Northern Ireland fishing boat in the Northern Ireland zone or anywhere outside British fishery limits.
(3) He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
(4) He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose of enforcing this Order and, in particular—
but nothing in sub-paragraph (d) shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
(5) Where it appears to a British sea-fishery officer that a contravention of any provisions of this Order has at any time taken place, he may—
and where such an officer detains or requires the detention of a boat he 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.
Revocation
10.
The Undersized Bass Order 1989[6] is revoked in relation to England.
Ben Bradshaw
Minister of State Department for Environment, Food and Rural Affairs
8th March 2007
David Cairns
Parliamentary Under Secretary of State Northern Ireland Office
10th March 2007
Article 9 sets out the powers of British sea-fishery officers in respect of this Order, in addition to their powers under the Sea Fish (Conservation) Act 1967.
This Order was notified in draft to the European Commission in accordance with Directive 98/34/EC (OJ No L 204, 21.7.1998, p.37), as amended by Directive 98/48/EC (OJ No L 217, 5.8.1998, p.18).
A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Defra Resource Centre, Lower Ground Floor, Ergon House, 17 Smith Square, London SW1P 3JR and is annexed to the Explanatory Memorandum which is available alongside the instrument on the Office of Public Sector Information website.
[2] Section 15(3) was substituted by the Sea Fisheries Act 1968 (c. 77) Schedule 1, paragraph 38(3) and amended by the Fishery Limits Act 1976 (c. 86) Schedule 2, paragraph 16(1) and S.I. 1999/1820, Schedule 2, paragraph 43(2)(b).back
[3] See section 22(2) of the Sea Fish (Conservation) Act 1967 for definitions of "the Ministers" for the purposes of sections 1, 3 and 15(3). This section was amended by the Fisheries Act 1981, sections 19, 45 and 46 and by S.I. 1999/1820, paragraph 43(12) of Schedule 2. By virtue of article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), functions exercisable under the 1967 Act were transferred (concurrently in respect section 15(3)) to the National Assembly in so far as exercisable in relation to Wales. Section 53 of the Scotland Act 1998 (c. 46), as read with article 3(1) of, and Schedule 1 to, the Scotland Act 1998 (Concurrent Functions) Order 1999 (S.I. 1999/1592) provide for the functions exercisable under sections 1(3) and (6), 3(1) and 15(3) of the 1967 Act to be exercised by the Ministers, concurrently with Scottish Ministers, in relation to relevant British fishing boats within the Scottish zone and Scottish fishing boats within British fishery limits outside the Scottish zone. Any remaining functions of the Secretaries of State for Scotland and Wales were transferred to the Minister of Agriculture, Fisheries and Food by article 2(1) of, and the Schedule to, the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812). By virtue of paragraph 3(1)(a) and (b) of Schedule 1 to the Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), the functions of the Ministers under sections 1(3) and 3 of the 1967 Act were transferred to the Department of Agriculture and Rural Development, but, by virtue of paragraph 3(2), Ministers retain a concurrent function to make an order in relation to British fishing boats, other than Northern Ireland fishing boats, within the Northern Ireland zone and in relation to Northern Ireland fishing boats within British fishery limits but outside the Northern Ireland zone. The functions of the Minister of Agriculture, Fisheries and Food and a named Secretary of State acting jointly were transferred to the Secretary of State for Environment, Food and Rural Affairs and the named Secretary of State acting jointly by article 2(5) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).back
[5] See section 1 of the Territorial Sea Act 1987 (c. 49), as extended to Jersey by the Territorial Sea Act 1987 (Jersey) Order 1997 (S.I. 1997/ 278), as amended by S.I. 2002/250 and to the Isle of Man by the Territorial Sea Act 1987 (Isle of Man) Order 1991(S.I. 1991/1722).back