Statutory Instrument 1992 No. 2936

The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 5) Order 1992

---

© Crown Copyright 1992

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 5) Order 1992, ISBN 0110258304. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1992 No. 2936

SEA FISHERIES

The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 5) Order 1992

The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with sea fishing in Scotland, Wales and Northern Ireland, in exercise of the powers conferred on them by section 30(2) and (3) of the Fisheries Act 1981^[1], and of all other powers enabling them in that behalf, hereby make the following Order:

Title, commencement and interpretation
    1.—(1)  This Order may be cited as the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 5) Order 1992 and shall come into force on 26th November 1992.

    (2)  In this Order "the principal Order" means the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986^[2].

Amendment of the principal Order
    2.    The principal Order shall be amended in accordance with articles 3 and 4 below.

    3.    In article 2 thereof (interpretation) there shall be substituted for the definition of the Council Regulation the following definition—
""the Council Regulation" means Council Regulation (EEC) No. 3094/86 laying down certain technical measures for the conservation of fishery resources^[3], as amended by Council Regulation (EEC) No. 4026/86^[4], Council Regulation (EEC) No. 2968/87^[5], Council Regulation (EEC) No. 3953/87^[6], Council Regulation (EEC) No. 1555/88^[7], Council Regulation (EEC) No. 2024/88^[8], Council Regulation (EEC) No. 3287/88^[9], Council Regulation (EEC) No. 4193/88^[10], Council Regulation (EEC) No. 2220/89^[11], Council Regulation (EEC) No. 4056/89^[12], Council Regulation (EEC) No.3500/91^[13], Council Regulation (EEC) No. 345/92^[14], Council Regulation (EEC) No. 1465/92^[15], Council Regulation (EEC) No. 2120/92^[16] and Council Regulation (EEC) No. 3034/92^[17];" .

    4.    In Schedule 1 thereto (maximum fines on summary conviction apart from fines related to value of fish) there shall be inserted after paragraph 13 the following paragraph in columns 1, 2 and 3—

"13A.    Article 9(17)

Provisions relating to purse seine nets

£5,000

Revocation
    5.    The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 4) Order 1992^[18] is hereby revoked.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
19th November 1992.


John Selwyn Gummer

Minister of Agriculture, Fisheries and Food


Hector Monro

Parliamentary Under Secretary of State, Scottish Office

19th November 1992

Gwilym Jones

Parliamentary Under Secretary of State, Welsh Office

19th November 1992

Patrick Mayhew

Secretary of State for Northern Ireland

23rd November 1992

This Order amends the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986, as amended, ("the principal Order"), which makes provision for the enforcement of certain of the enforceable Community restrictions and obligations concerning technical measures for the conservation of fishery resources which are contained in Council Regulation (EEC) No. 3094/86, as previously amended. The principal Order creates offences in respect of breaches of the provisions of that Council Regulation referred to in column 1 (and briefly described in column 2) of Schedule 1 to that Order and in article 3(2) of that Order. The principal Order also specifies penalties for such offences and confers powers of enforcement.

In consequence of that Council Regulation having been amended by Council Regulation (EEC) No. 3034/92, article 3 of this Order further updates the definition of "the Council Regulation" in article 2 of the principal Order (interpretation). The amendments made by Council Regulation (EEC) No. 3034/92 relate to the use of purse seine nets. Article 4 of this Order inserts a reference to this provision in Schedule 1 to the principal Order.

The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 4) Order 1992 is superseded by this Order and is revoked (article 5).

[1] 1981 c. 29. back

[2] S.I. 1986/2090, amended by S.I. 1992/1084, 2017. back

[3] OJ No. L288, 11.10.86, p.1. back

[4] OJ No. L376, 31.12.86, p.1. back

[5] OJ No. L280, 3.10.87, p.1. back

[6] OJ No. L371, 30.12.87, p.9. back

[7] OJ No. L140, 7.6.88, p.1. back

[8] OJ No. L179, 9.7.88, p.1. back

[9] OJ No. L292, 26.10.88, p.5, as corrected in OJ No. L8, 11.1.89, p.22. back

[10] OJ No. L369, 31.12.88, p.1. back

[11] OJ No. L211, 22.7.89, p.6. back

[12] OJ No. L389, 30.12.89, p.75. back

[13] OJ No. L331, 3.12.91, p.2. back

[14] OJ No. L42, 18.2.92, p.15. back

[15] OJ No. L155, 6.6.92, p.1. back

[16] OJ No. L213, 29.7.92, p.3. back

[17] OJ No. L307, 23.10.92, p.1. back

[18] S.I. 1992/2017. back