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Welsh Statutory Instrument 2006 No. 2798 (W.237)The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2006(The document as of February, 2008) STATUTORY INSTRUMENTS2006 No. 2798 (W.237)SEA FISHERIES, WALESThe Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2006
The National Assembly for Wales, in exercise of the powers conferred by section 30(2) of the Fisheries Act 1981[1], makes the following Order: Title, application and commencement 1.—(1) The title of this Order is the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2006 and it comes into force on 20 October 2006. (2) This Order applies in relation to Wales. (3) Nothing in paragraph (2) prejudices the effect of section 30(2A) of the Fisheries Act 1981[2] in relation to, or for purposes incidental to, any provision in this Order which creates an offence. Interpretation 2.—(1) In this Order—
(2) 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—
(b) any photograph; (c) any disk, tape, sound track or other device in which sounds or other data (not being visual aids) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and (d) any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom. Application Application of Part 2 4.Articles 5 to 9 apply to—
(b) Community fishing boats within Wales. Installation of a satellite-tracking device
(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. Responsibilities relating to the satellite-tracking device Application of Part 3 10.Articles 11 to 14 apply to third country fishing boats within Wales. Installation of a satellite-tracking device 11.—(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 does not have an operational satellite-tracking device installed on board is guilty of an offence. Transmission of required information 12.A person in charge of a fishing boat the satellite-tracking device on which fails to transmit data to the Fisheries Monitoring Centre of the flag state in compliance with Articles 18 and 20 of the Commission Regulation is guilty of an offence. Responsibilities relating to the satellite-tracking device 13.—(1) A person in charge of a fishing boat in respect of which there is a failure to comply with Article 19(1) of the Commission Regulation is guilty of an offence. (2) A person in charge of a fishing boat in respect of which there is a failure to comply with Article 19(2) of the Commission Regulation is guilty of an offence. (3) A person in charge of a fishing boat in respect of which there is a contravention of Article 19(3) of the Commission Regulation is guilty of an offence. Technical failure or non-functioning of the satellite-tracking device 14.—(1) A person in charge of a fishing boat in respect of which, in the event of a technical failure or non-functioning of the satellite-tracking device, there is a failure to communicate information in compliance with Articles 23(1) and 23(2) of the Commission Regulation is guilty of an offence. (2) A person in charge of a fishing boat which leaves port in contravention of Article 23(3) of the Commission Regulation is guilty of an offence. (3) The competent authority under Article 23(3) of the Commission Regulation is a British sea-fishery officer. Penalties 15.A person found guilty of an offence under articles 5, 6, 7, 8, 9, 11, 12, 13 or 14 of this Order or under any equivalent provision is liable—
(b) on conviction on indictment to a fine. Recovery of fines
(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) Sections 77(1) and 78 of the Magistrates' Courts Act 1980[17] apply to a warrant of distress issued under this article as they apply to a warrant of distress issued under Part III of that Act. 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—
(b) a Community fishing boat within Wales; or (c) a third country fishing boat within Wales. (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.
(b) may require any person on board the boat to produce any document relating to the boat, or the equipment of the boat, to any fishing operations or other operations ancillary thereto or to the persons on board, which is in the custody or possession of that person; (c) for the purpose of ascertaining whether an offence under this Order or under any equivalent provision has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search; (d) inspect, take copies of and retain in the possession of the officer while the officer completes any search, examination or inspection provided for under this article, any such document produced to the officer or found on board; (e) may require the master or any person for the time being in charge of the boat to render any such document on a computer system into a visible and legible form in which it may be taken away; (f) where the boat is one in relation to which the officer has reason to suspect that an offence under this Order or under any equivalent provision has been committed, may seize and detain any such document produced to the officer or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence; and (g) may remove, or authorise in writing any other person to remove, the satellite-tracking device, or any part thereof, and any other equipment on board which the officer considers necessary for the purpose of establishing—
(ii) whether any other equipment on board is interfering with the transmission of the information set out in Article 5(1) of the Commission Regulation 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—
(b) detain or require the master to detain the boat in the port, and where such an officer detains or requires the detention of a boat the officer 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.
(b) that there were reasonable grounds for doing it; and (c) that it was done with reasonable skill and care. Obstruction etc
(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.
(b) on conviction on indictment to a fine. 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, is 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, is 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, is guilty of the offence and liable to be proceeded against and punished accordingly. Admissibility in evidence of logbooks and other documents 21.Any—
(b) declaration submitted under Articles 8(1), 11, 12, 17(2) or 28f; (c) effort report completed under Articles 19b and 19c; or (d) document drawn up under Articles 9 or 13, of Council Regulation 2847/93 and any required information received by a Fisheries Monitoring Centre may, 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 will be sufficient evidence of the matters stated therein or appearing therefrom. Revocation 22.—(1) The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2000[20] is revoked. (2) The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2000 Amendment Regulations 2002[21] are revoked. Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[22]. D. Elis-Thomas The Presiding Officer of the National Assembly 18 October 2006 (This note is not part of the Order) This Order provides for the enforcement in Wales of Commission Regulation (EC) 2244/2003 (OJ No L333, 20.12.03, p.17) laying down detailed provisions regarding satellite-based Vessel Monitoring Systems ("the Commission Regulation"). Articles 5 to 9 apply to British and European Community fishing boats within Wales and create offences for contravening requirements relating to : the installation of a satellite-tracking device (article 5); the switching off of a satellite-tracking device in port without prior notification (article 6); the information to be transmitted by the satellite-tracking device (article 7); the responsibilities relating to a satellite-tracking device (article 8) and the technical failure or non-functioning of a satellite-tracking device (article 9). Articles 11 to 14 apply to third country fishing boats within Wales and create offences for contravening requirements relating to : the installation of a satellite-tracking device (article 11); the information to be transmitted by the satellite-tracking device (article 12); the responsibilities relating to the satellite-tracking device (article 13) and the technical failure or non-functioning of the satellite tracking device (article 14). The Order provides that the person guilty of an offence under it, other than an offence under article 19, is liable, on summary conviction, to a fine not exceeding £50,000, or on conviction on indictment, to a fine. The Order also provides for the recovery of fines imposed, or treated as imposed, by a magistrates' court (article 16). For the purposes of enforcing the Commission Regulation the Order confers on British sea-fishery officers the powers to: board fishing boats; test any equipment on board; require the production of documentation relating to the boat, equipment, or fishing or ancillary operations; search the boat; remove the satellite-tracking device or any other equipment on the boat; and take the boat to the nearest convenient port and detain the boat (article 17). Protection of such officers from liability is provided for in article 18. Failing to comply with requirements imposed by officers or obstructing them in the exercise of their powers is an offence under article 19, carrying liability to a fine up to the statutory maximum on summary conviction or a fine on conviction on indictment. Articles 20 and 21 deal with corporate and equivalent offences and admissibility of documents in evidence. Article 22 revokes the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2000 and the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2000 Amendment Regulations 2002. A Regulatory Appraisal in relation to this Order has been prepared and placed in the library of the National Assembly for Wales. Copies can be obtained from Fisheries Branch, National Assembly for Wales, Cathays Park, Cardiff, CF10 3NQ. Notes: [1]1981 c. 29. By virtue of article 2(a) of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the functions exercisable under section 30(2) of the 1981 Act were transferred to the National Assembly in so far as exercisable in relation to Wales.back [2]Section 30(2A) was inserted by S.I. 1999/1820, article 4 and Schedule 2, Part 1, paragraph 68(1) and (5)(a).back [3]1995 c.21.back [4]O.J. No. L333, 20.12.03, p.17.back [5]O.J. No. L261, 20.10.93, p.1.back [6]O.J. No. L301, 14.12.95, p.1.back [7]O.J. No. L301, 14.12.95, p.35.back [8]O.J. No. L338, 28.12.96, p.12.back [9]O.J. No. L102, 19.4.97, p.1.back [10]O.J. No. L304, 7.11.97, p.1.back [11]O.J. No. L356, 31.12.97, p.14.back [12]O.J. No. L358, 31.12.98, p.5.back [13]O.J. No. L122, 16.5.03, p.1.back [14]O.J. No. L289, 7.11.03, p.1.back [15]O.J. No. L128, 21.5.05, p.1.back [16]1998 c.38.back [17]1980 c.43. Section 78 was amended by the Criminal Justice Act 1982 (c.48), sections 37 and 46, and the Courts Act 2003 (c.39), section 109(1) and Schedule 8 paragraph 219(a).back [18]S.I. 1981/1675 (NI 26).back [19]1995 c.46.back [20]S.I. 2000/1078 (W.71).back [21]S.I. 2002/677 (W.74).back [22]1998 c.38.back [a]Amended by Correction Slip. Page 3, English language version: immediately belowthe SI title, the italic date made should read,"18 October 2006"; and Page 3, Welsh language version: immediately belowthe SI title, the italic date made should read,"18 Hydref 2006".back ISBN0 11 091412 0 -- Back --
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