Incidental Catches of Cetaceans in Fisheries (England) Order 2005 (S.I. No. 17 of 2005).

This Order makes provision for the enforcement of Community restrictions and other obligations relating to sea fishing by vessels in certain areas as set out in Council Regulation (EC) No. 812/2004. The Council regulation requires Member States to monitor the bycatch of cetaceans by the implementation of an observer scheme. It also requires certain vessels to deploy acoustic devices in relation to specified gear whilst fishing. Article 4 of the Order creates offences in respect of breaches of the specified provisions of the Council Regulation. Penalties are specified for such offences (art. 5). The Order confers powers of enforcement on British sea-fishery officers in relation to certain fishing boats, as well as on land in England, and in relation to the seizure of fish, acoustic devices and fishing gear (arts. 7, 8, 9, and 10). Provision is made for the punishment of anyone found guilty of assaulting or obstructing an officer (art. 11). The Order provides for the exercise of the powers contained in it by officers authorized by the Minister and officers of local fisheries committees (art. 12). Proceedings under the Order may be brought by a local fisheries committee in respect of offences committed within any part of its district (art. 13). Article 14 makes provision in relation to offences committed by bodies corporate, partnerships and officers of unincorporated associations.