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Statutory Instrument 2001 No. 649The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 2001(The document as of February, 2008) STATUTORY INSTRUMENTS2001 No. 649SEA FISHERIES, ENGLANDSEA FISHERIES, NORTHERN IRELANDThe Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 2001
The Minister of Agriculture, Fisheries and Food and the Secretary of State concerned with the sea fishing industry in Northern Ireland, acting jointly, in exercise of the powers conferred on them by sections 3 and 15(3) of the Sea Fish (Conservation) Act 1967[1], and of all other powers enabling them in that behalf, hereby make the following Order: Title, commencement and extent 1. - (1) This Order may be cited as the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 2001 and shall come into force -
(b) in the case of article 6, on 16th April 2001. (2) Subject to paragraph (3), this Order shall not form part of the law of Scotland.
any other expression used in the Council Regulation has the same meaning in this Order as in that Regulation.
(ii) the territorial sea adjacent to the Isle of Man; (iii) the territorial sea adjacent to the Bailiwick of Jersey; and (iv) seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976[13]; (b) any reference to any relevant British fishing boat "wherever it may be" does not include such a fishing boat while in the territorial sea adjacent to Wales. (3) Unless the context otherwise requires, any reference in this Order -
(b) to "the Schedule" is a reference to the Schedule to this Order. (4) For the purposes of this Order, a net shall be deemed to have been carried in a boat for the purpose of fishing for Norway lobsters (Nephrops norvegicus), and a boat shall be deemed to have been fishing for Norway lobsters, if the catch retained on board that boat includes -
(b) in the case of a net which has a mesh size in the range 80 to 99 millimetres, at least 30% by weight of Norway lobsters and other marine organisms identified in Annex I to the Council Regulation as target species for a net of that mesh size. (5) Where detached Norway lobster tails are retained on board a boat, the equivalent weight of the whole Norway lobsters shall be taken into account for the purpose of paragraph (4) above, and that equivalent weight shall be obtained by multiplying the weight of the tails by 3.
(b) carried properly lashed and stowed in such a way that it may not be readily used; or (c) carried in, or used by, a boat for the purpose of fishing for queen scallops. Square mesh panels
(b) in its entirety is no more than 12 metres from the codline or, where the net is carried in or used by a boat for the purpose of fishing for Norway lobsters, no more than 18 metres from the codline. Measurement of mesh size of nets
(b) the net shall instead be stretched in the direction of each diagonal of the mesh and the measurement shall be taken of each stretched diagonal, and the size of the mesh shall be taken to be the largest of the two diagonals measured, each such measurement being the width of the gauge at the point where the gauge is stopped, when using the gauge in accordance with Article 2(2) and (3) of that Regulation. Twine thickness requirements
(b) any Scottish fishing boat in any waters within relevant British fishery limits. (2) He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
(b) may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document. (c) for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 3(5) of the Sea Fish (Conservation) Act 1967 as read with this Order, 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; and (d) where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence; but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
(b) detain or require the master to detain the boat in the port. (5) Where such an officer detains or requires the detention of a boat under this article 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.
(b) paragraph (2) shall be omitted. (3) In the Schedule thereto (sub-areas and divisions of the International Council for the Exploration of the Sea) the entries relating to ICES Statistical Division IIa (Norwegian Sea), ICES Statistical Sub-Area IV (North Sea) and ICES Statistical Sub-Area VI (Rockall and West of Scotland) shall be omitted. ICES Statistical Division IIa (Norwegian Sea) The waters bounded by a line beginning at a point on the coast of Norway in 62° 00' north latitude; thence due west to 4° 00' west longitude; thence due north to 63° 00' north latitude; thence due west to 11° 00' west longitude; thence due north to 73° 30' north latitude; thence due east to 30° 00' east longitude; thence due south to 72° 00' north latitude; thence due west to 26° 00' east longitude; thence due south to the coast of Norway; thence in a westerly and south-westerly direction along the coast of Norway to the point of beginning. ICES Statistical Sub-Area IV (North Sea) The waters bounded by a line beginning at a point on the coast of Norway in 62° 00' north latitude; thence due west to 4° 00' west longitude; thence due south to the coast of Scotland; thence in an easterly and southerly direction along the coasts of Scotland and England to a point in 51° 00' north latitude; thence due east to the coast of France; thence in a north-easterly direction along the coasts of France, Belgium, the Netherlands and the Federal Republic of Germany to the western terminus of its boundary with Denmark; thence along the west coast of Jutland to Thyboron; thence in a southerly and easterly direction along the south coast of the Limfjord to Egensekloster Point; thence across the eastern entrance of the Limfjord to Hals; thence in a westerly direction along the north coast of Limfjord to the southernmost point of Agger Tange; thence in a northerly direction along the west coast of Jutland to a point in 57° 00' north latitude; thence due west to 8° 00' east longitude; thence due north to 57° 30' north latitude; thence due west to 7° 00' east longitude; thence due north to the coast of Norway; thence in a north-westerly direction along the coast of Norway to the point of beginning. ICES Statistical Sub-Area VI (Rockall and West of Scotland) The waters bounded by a line beginning at a point on the north coast of Scotland in 4° 00' west longitude; thence due north to 60° 30' north latitude; thence due west to 5° 00' west longitude; thence due south to 60° 00' north latitude, thence due west to 18° 00' west longitude; thence due south to 54° 30' north latitude; thence due east to the coast of the Republic of Ireland; thence in a northerly and easterly direction along the coasts of the Republic of Ireland and of Northern Ireland to a point on the east coast of Northern Ireland in 55° 00' north latitude; thence due east to the coast of Scotland; thence in a northerly direction along the west coast of Scotland to the point of beginning. (This note is not part of the Order) This Order regulates the carriage of certain nets and other fishing gear. The Order applies to nets carried or used by relevant British fishing boats and by Scottish fishing boats in certain specified areas (article 3(1)). Nets carried or used by beam trawlers, or for catching queen scallops, and nets which are lashed and stowed so that they may not readily be used are excepted from the requirements of the Order (article 3(2)). The Order requires that -
(b) in the case of multiple twine netting in the codend, extension piece or square mesh panel of any net to which the Order applies, the sum of the thicknesses of the multiple twines on any side of any mesh do not exceed 10 millimetres (article 6(1)); and (c) in the case of any net to which the Order applies and which is carried or used for the purpose of fishing for Norway lobsters, any square mesh panel is constructed of single twine that does not exceed 4 millimetres (article 6(2)). British Sea fishery officers are given certain powers for the purpose of the enforcement of the Order (article 7). Notes: [1] 1967 c. 84. Section 3 was amended by the Fishery Limits Act 1976 (c. 86) section 9(1), Schedule 2, paragraph 16(1), the Inshore Fishing (Scotland) Act 1984 (c. 26) section 10(1), Schedule 1 and S.I. 1999/1820, Article 4, Schedule 2, paragraph 43(1), (2) and (4). Section 15(3) was substituted by the Sea Fisheries Act 1968 (c. 77) section 22(1), Schedule 1, paragraph 38(3) and amended by the Fishery Limits Act 1976 (c. 86) section 9(1), Schedule 2, paragraph 16(1) and S.I. 1999/1820, Schedule 2, paragraph 43(2)(b). See section 22(2)(a) for definitions of "the Ministers" for the purposes of sections 3 and 15(3); section 22(2) was amended by the Fisheries Act 1981, sections 19(2)(d) and 45(b) and (c) and by S.I. 1999/1820, Article 4, paragraph 43(12) of Schedule 2. By virtue of article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the functions exercisable under section 3 of the 1967 Act were transferred to the National Assembly in so far as exercisable in relation to Wales (defined in section 155(1) of the Government of Wales Act 1998 (c. 38) as including "the sea adjacent to Wales out as far as the seaward boundary of the territorial sea"); in respect of waters beyond Wales these functions remain exercisable by the Ministers. Article 3(1) and Schedule 1 of the Scotland Act 1998 (Concurrent Functions) Order 1999 (S.I. 1999/1592) provide for the functions exercisable under sections 3(1), (3) and (4) and 15(3) of the 1967 Act to be exercised by the Ministers, concurrently with Scottish Ministers, in relation to: relevant British fishing boats within the Scottish zone; and, Scottish fishing boats within British fishery limits but outside the Scottish zone. By virtue of article 2(1) of the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812) any remaining functions of the Secretaries of State for Scotland and Wales under sections 3 and 15(3) of the 1967 Act were transferred to the Minister of Agriculture, Fisheries and Food.back [2] Section 14 was substituted by the Fisheries Act 1981 (c. 29), section 29.back [3] OJ No. L125, 27.4.98, p.1.back [4] OJ No. L318, 27.11.98, p.63.back [5] OJ No. L038, 12.2.99, p.6.back [6] OJ No. L168, 3.7.99, p.1.back [7] OJ No. L328, 22.12.99, p.9.back [8] OJ No. L100, 20.4.2000, p.3.back [9] OJ No. L148, 22.6.2000, p.1.back [10] Cmnd. 2586.back [11] OJ No. L194, 24.7.84, p.22.back [12] OJ No. L349, 19.12.97, p.1.back [13] 1976 c. 86; as modified by paragraph 3(c) of the Schedule to the Fishery Limits Act 1976 (Guernsey) Order 1989 (S.I. 1989/2407).back [14] S.I. 1991/1380, as amended by S.I. 1992/1344.back ISBN 0 11 028981 1 -- Back --
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