The Fal and Helford (Prohibition of Scallop Dredging) Order 2003
2003 No. 2513
SEA FISHERIES, ENGLANDCONSERVATION OF SEA FISH
The Fal and Helford (Prohibition of Scallop Dredging) Order 2003
Made 29th September 2003
Laid before Parliament 30th September 2003
Coming into force 21th October 2003
The Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with the sea fishing industry in Northern Ireland in exercise of the powers conferred by sections 3 and 15(3) of the Sea Fish (Conservation) Act 19671, and now vested in them2, make the following Order:
Citation, commencement and extent
1.—(1) This Order may be cited as the Fal and Helford (Prohibition of Scallop Dredging) Order 2003, shall come into force on 21st October 2003 and shall cease to be in force at the end of 20th October 2004.
(2) Subject to paragraph (3), this Order shall not form part of the law of Scotland or Northern Ireland.
(3) Paragraph (2) shall not prejudice the effect of section 14 of the Sea Fish (Conservation) Act 1967 in relation to, or for purposes incidental to, any provision which creates an offence.
Interpretation
2.—(1) In this Order—
“Northern Ireland zone” has the same meaning as in the Northern Ireland Act3;
“scallop dredge” means any appliance with a rigid framed mouth which is towed through the water and is manufactured, adapted, used or intended for use for the purpose of fishing for scallops;
“the specified areas” means the areas upstream of lines drawn—
(a) across the Helford River, on a bearing of 195° true from Mawnan Shear to a point on the opposite shore; and
(b) across the River Fal (Carrick Roads), from the southernmost extremity of Pendennis Point to the lighthouse at St Anthony Head.
(2) In this Order—
(a)
(a) the term “relevant British fishery limits” does not include—
(i) the Northern Ireland zone;
(ii) the territorial sea adjacent to Wales;
(iii) the territorial sea adjacent to the Isle of Man;
(iv) the territorial sea adjacent to the Bailiwick of Jersey; and
(v) seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 19764as extended to Guernsey.
(b)
(b) the term “relevant British fishing boat” does not include a vessel whose entry in the register maintained under section 8 of the Merchant Shipping Act 19955specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging.
Prohibition on deploying a scallop dredge
3. No fishing boat shall deploy a scallop dredge in any part of the specified areas.
Prohibition on carrying a scallop dredge
4. No fishing boat shall carry a scallop dredge in any part of the specified areas unless every part of the dredge is totally inboard the boat.
Powers of British sea-fishery officers
5.—(1) For the purposes of enforcing this Order, a British sea-fishery officer may exercise the powers conferred by this article in relation to—
(a)
(a) any fishing boat within relevant British fishery limits; and
(b)
(b) any relevant British fishing boat wherever it may be, other than in the territorial sea adjacent to Wales.
(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.
(3) He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appear to him to be necessary for the purpose of enforcing this Order and, in particular—
(a)
(a) may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination; and
(b)
(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)
(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 him to be necessary for facilitating the search;
(d)
(d) where the boat...
To continue reading
Request your trial