Joint Committee on Statutory Instruments Eighteenth Report


APPENDIX 2

Memorandum by the Ministry of Agriculture, Fisheries and Food

SEA FISHING (ENFORCEMENT OF COMMUNITY QUOTA AND THIRD COUNTRY FISHING MEASURES) ORDER (S.I. 2000/827)

  1. The Committee has requested a memorandum in the following terms:

    Identify the enforcement provision(s) of this instrument which support the following restrictions on fishing in Council Regulation (EC) No. 2472/1999—

      (a)the restrictions on fishing by Community Vessels in waters under Icelandic jurisdiction (Article 7.2), and

      (b)the restrictions on fishing for sand eels in areas off the coast of England and Scotland (Article 9 and Annex V paragraph 4)

  2. In respect of (a), the Committee will be aware that the UK authorities are only able to introduce enforcement provisions in respect of two categories of fishing boats: the UK's own vessels (wherever they may be), and those vessels of other states operating within its fishery limits. Enforcement powers cannot therefore apply to other (non-British) vessels operating outside British fishery limits. In the present Order, in line with devolution arrangements, the powers are further limited to "relevant British fishing boats" wherever they may be and to any fishing boat (whether from the Community or a third country) "within relevant British fishery limits".

  3. As regards (b), it was decided that none of the technical conservation measures provided for at Article 9 and Annex V of the Regulation would be covered by the enforcement provisions in the present Order. They have instead been covered in the Sea Fishing (Enforcement of Community Conservation Measures) Order 2000 (S.I. 2000/1081). The laying of that instrument is imminent.

17th April 2000


 
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