
1 

(1) This Order may be cited as the Sea Fishing (Enforcement of Community Quota Measures) (Amendment) Order 1996 and shall come into force on 11 October 1996.
(2) In this Order “the principal Order” means the Sea Fishing (Enforcement of Community Quota Measures) Order 1996.
2 
The principal Order shall be amended in accordance with articles 3 and 4 of this Order.
3 
In article 2 of the principal Order—
(a) for paragraph (1) there shall be substituted the following paragraph—“
(1) In this Order—
 “British fishing boat” means a boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands;
 “Regulation 3074/95” means Council Regulation (EC) No. 3074/95 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1996 and certain conditions under which they may be fished as amended;
 “Regulation 1602/96” means Council Regulation (EC) No. 1602/96 fixing special management measures for North Sea herring and amending Regulation (EC) No. 3074/95;
 “specified Community provision” means a provision of a regulation of the European Community referred to in column 1 of the Schedule to this Order which is specified in column 2 of that Schedule, opposite the reference to that regulation, as read with any qualifying words relating to that provision in that column.”;
(b) at the end of the article there shall be inserted the following paragraph—“
(3) For the purpose of the prohibition contained in Article 1 of Regulation 1602/96 the harbours at which a fishing boat to which this Order applies may land catches of fish containing unsorted herring are—
(a) Aberdeen;
(b) Lerwick;
(c) any other harbour within British fishery limits whose sampling systems a British sea-fishery officer at that harbour decides, having regard to the overall size and characteristics of the catch, to be adequate for the purpose following application by the master of the boat to a British sea-fishery officer at that harbour before the landing of the catch,and where a British sea-fishery officer has made a decision as to the adequacy of a harbour in accordance with sub-paragraph (c) above he shall notify the master of the boat accordingly.”.
4 
For the Schedule to the principal Order there shall be substituted the Schedule to this Order.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th September 1996Raymond Robertson
Parliamentary Under Secretary of State,
Scottish Office
17th September 1996Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
18th September 1996Denton
Secretary of State for Northern Ireland
19th September 1996
SCHEDULE
Article 4
“
SCHEDULE
Articles 2(1) and 4(1)


Column 1 Column 2 Column 3 Column 4
Regulation of the European Community Provision Subject matter Maximum fine on summary conviction
1. Regulation 3074/95—
 (a) Article 5.1, in so far as that paragraph relates to retaining on board or landing Prohibitions on retaining on board or landing catches from stocks for which total allowable catches or quotas are fixed and have been exhausted £50,000
 (b) Article 5.1 and 5.2, in so far as those paragraphs relate to catch composition or sorting Prohibitions in certain circumstances on retaining on board or landing catches having a certain composition or which have been sorted The statutory maximum
 (c) Article 5.2a Prohibition on landing catches which are unsorted and contain herring when the catch limitations set out in Annex II to Regulation 3074/95 have been exhausted The statutory maximum
2. Regulation 1602/96—
 (a) Article 1 Prohibition on landing catches containing unsorted herring in harbours where adequate sampling systems are not in place The statutory maximum
 (b) Article 6.3 Prohibition on offering for sale for human consumption of herring landed by vessels carrying towed nets of a minimum mesh size less than 32mm The statutory maximum”