The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Northern Ireland) Order 2005 No. 452

BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Rules of Northern Ireland

You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Northern Ireland) Order 2005 No. 452
URL: http://www.bailii.org/nie/legis/num_reg/2005/20050452.html

[New search] [Help]

STATUTORY RULES OF NORTHERN IRELAND

2005 No. 452
AGRICULTURE
The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Northern Ireland) Order 2005

	Made	13th October 2005
	Coming into operation	14th November 2005

The Department of Agriculture and Rural Development, in exercise of the powers conferred by section 30(2) of the Fisheries Act 1981[1], and now vested in it[2] and every other power enabling it in that behalf, makes the following Order:

PART 1
GENERAL
Citation, commencement, extent and application
     1. —(1) This Order may be cited as the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Northern Ireland) Order 2005 and shall come into operation on 14th November 2005.

    (2) Subject to paragraph (3), this Order shall not form part of the law of Scotland or England or apply in Wales.

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

Interpretation
     2. —(1) The Interpretation Act (Northern Ireland) 1954[4] shall apply to this order as it applies to an Act of the Northern Ireland assembly.

    (2) In this Order—

"British fishing boat" means a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purpose of that part of the Merchant Shipping Act 1995;

"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;

"equivalent provision" means any provision in any other Order made for the purposes of making provision for the administration and enforcement of the Commission Regulation, extending to any part of the United Kingdom, which has equivalent effect to a specified provision in this Order, proceedings in respect of which may be taken in Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981;

"Fisheries Monitoring Centre" means a Fisheries Monitoring Centre established under Article 3(7) of Regulation 2847/93;

"fishing boat" includes a receiving vessel within the meaning of Regulation 2847/93;

"person in charge", in relation to a fishing boat, means the owner, master or charterer, if any, of the fishing boat or the agent of any of them;

"required information" means the information set out in Article 5(1) of the Commission Regulation;

"satellite-tracking device" means a device which sends the required information by way of satellite and land earth station to a Fisheries Monitoring Centre;

"third country fishing boat" means a fishing vessel flying the flag of, and registered in, a state other than a Member State of the European Communities and includes a receiving vessel within the meaning of Commission Regulation 2847/93.

(3) 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 NORTHERN IRELAND FISHING BOATS, AND BRITISH AND COMMUNITY FISHING BOATS WITHIN THE NORTHERN IRELAND ZONE
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 in contravention of Article 4 of the Commission Regulation 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 the 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) Articles 114(2) and 154 of the Magistrates Courts (Northern Ireland) Order 1981[18] (postponement of issue of certain warrants and objections as to want of form or variance or variance between complaint etc. and evidence adduced) shall apply to a warrant of distress issued under this Article in Northern Ireland as it applies to a warrant referred to in those Articles of that order.

(3) Where, in relation to a fine in respect of an offence under this Order or any equivalent provision a court orders under section 90 of the Magistrates Court Act 1980[19] or section 222 of the Criminal Procedure (Scotland) Act 1995[20], that a fine shall be enforceable in a petty sessions district in Northern Ireland specified in the Court's order, paragraphs (1) and (2) shall apply as if the fine were imposed by a court within that petty sessions district.

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 he shall 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 shall 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 of officers
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, shall be 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, shall be 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, shall be guilty of the offence and liable to be proceeded against and punished accordingly.

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

of Regulation 2847/93 and any required information received by a Fisheries Monitoring Centre shall, 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 shall be sufficient evidence of the matters stated therein or appearing therefrom.

PART 7
REVOCATION
Revocations
22. The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2000 in so far as it extends to Northern Ireland[21] is hereby revoked.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on

13th October 2005.

L.S.

N. Cornick
A senior officer of the Department of Agriculture and Rural Development

Notes:

[1] 1981 c. 29 back

[2] S.I. 2002 No. 790 back

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

[4] 1954 c. 33 (NI)back

[5] 1995 c. 21 back

[6] 1998 c. 47 back

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

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

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

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

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

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

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

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

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

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

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

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

[19] 1980 c. 43 back

[20] 1995 c. 46 back

[21] S.I. 2000/181 back

ISBN 0 337 96193 X

Prepared 20 October 2005

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_reg/2005/20050452.html

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Northern Ireland) Order 2005 No. 452 URL: http://www.bailii.org/nie/legis/num_reg/2005/20050452.html