The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2000 Amendment Regulations 2001

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Statutory Instruments of the Scottish Parliament

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SCOTTISH STATUTORY INSTRUMENTS

2001 No. 448

SEA FISHERIES

The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2000 Amendment Regulations 2001

	Made	28th November 2001
	Laid before the Scottish Parliament	3rd December 2001
	Coming into force	1st January 2002

Citation and commencement

These Regulations may be cited as the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2000 Amendment Regulations 2001 and shall come into force on 1st January 2002.

Interpretation

- (1) In these Regulations "the Order" means the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2000[

Amendment of the Order

The Order is amended in accordance with the following regulations.

In article 2(1) (interpretation) in the definition of "polled" omit "(4) or".

In article 3 (satellite tracking of Scottish and relevant British fishing boats)-

(b) for paragraphs (4) and (5) there are substituted the following paragraphs:-

(b) where the satellite tracking device is not capable of being polled, at least hourly.

(6) Neither of the following circumstances shall be treated as giving rise to a breach of the requirement in paragraph (3)(b) above-

(7) Throughout any time when-

the required information shall be communicated to the Fisheries Monitoring Centre of the United Kingdom by one of the means specified in 6.1 of Regulation 1489/97 Article at least every two hours.

(8) Paragraph (7) above is without prejudice to Article 6.1 of Regulation 1489/97 (requirement to communicate information to flag state and, if appropriate, coastal state monitoring centres by other means at least every 24 hours).".

6. - (1) In article 5 (offences)-

(a) in paragraph (1), omit "Subject to paragraph (2) below,";

(b) paragraph (2) is omitted.

    (2) The revocation by regulation 6(1) of these Regulations of article 5(2) of the Order shall not affect its application for the purposes of proceedings (whenever occurring) in relation to an offence alleged to have been committed before 1st January 2002.

     7. In article 6(1) (penalties) for "or (4)" there is substituted "or (7)".

     8. In article 7(1)(a) (recovery of fines) for "sub-paragraph (a)" there is substituted "sub-paragraph (b)".

     9. In article 8 (powers of British sea-fishery officers in relation to fishing boats)-

(a) in paragraph (1), for "to (4)" there is substituted "to (8)";

(b) after paragraph (4) there is inserted-

" (5) Where it appears to a British sea-fishery officer that the satellite tracking device on a Scottish fishing boat or a relevant British fishing boat failed, at a time when the boat was not in port, to operate in accordance with article 3(5) above that officer may, subject to paragraph (7) below, at any time when the boat is in port serve on the master or the owner a notice.

(6) The notice referred to in paragraph (5) above is a notice which-

(7) A notice under paragraph (5) above shall not be served later than 30 days after the day on which it appears to the British sea-fishery officer that the satellite tracking device last failed to operate in accordance with article 3(5) above.

(8) In this article-

ROSS FINNIE
A member of the Scottish Executive

Pentland House, Edinburgh
28th November 2001

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2000 ("the Order"), which contains provisions for the enforcement of European Community legislation requiring satellite monitoring of the position of fishing boats above a certain size.

The amendments made by these Regulations make two principal changes to the Order. Firstly regulation 5 amends article 3 of the Order, which creates obligations relating to the installation and operation of satellite tracking devices, by clarifying the requirement in article 3(3)(b) to maintain the satellite tracking device fully operational. In particular the amendments make it clear that no breach of that requirement occurs either when the satellite tracking device is switched off in port under conditions permitted by the relevant EC legislation or if there is a technical fault or non-function when the boat is in port or when the temporary period for which the relevant EC legislation allows fishing with a defective device has not yet expired. Regulation 5 imposes an additional requirement that, at any time when a British fishing boat is at sea, if the tracking device on board is not working as required by article 3 of the Order the required positional information must be provided every two hours to the United Kingdom's Fisheries Monitoring Centre by telex, fax, telephone or radio.

Secondly regulation 9, which amends article 8 of the Order, confers an additional enforcement power on a British sea-fishery officer in a case where there has been a failure of operation of the satellite tracking device on board a Scottish or relevant British fishing vessel. The officer may serve a notice requiring the boat to remain in port until the expiry of a 24 hour monitoring period, during which the satellite tracking device must be set so as to broadcast the required position information every two hours (every hour in the case of a device which is not designed to be capable of being polled by the Monitoring Centre).

Other amendments made by the Regulations are consequential. They include the revocation by regulation 6 of a ground of defence to certain criminal proceedings which has become obsolete following the changes made to article 3 of the Order, subject to a saving.

[1] 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred upon a Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[2] S.S.I. 2000/20.back

[3] 1981 c.29; relevant modifications are contained in the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), article 5 and the Scotland Act 1988 (Modification of Functions) Order 1999 (S.I. 1999/1756), articles 3, 5 and 6. Section 30 has effect in relation to Scotland as modified by section 30(5), inserted by the Scotland Act (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), Schedule 2, paragraph 68(5)(b).back

ISBN 0 11059924 1

Prepared 18 December 2001

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	Statutory Instruments of the Scottish Parliament
You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2000 Amendment Regulations 2001 URL: http://www.bailii.org/scot/legis/num_reg/2001/20010448.html