Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Variation) Order 1992
| Jurisdiction | UK Non-devolved |
| Citation | SI 1992/1344 |
| Year | 1992 |
1992 No. 1344
SEA FISHERIES
CONSERVATION OF SEA FISH
The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Variation) Order 1992
Made 5th June 1992
Laid before Parliament 8th June 1992
Coming into force 9th June 1992
The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fishing industry in Scotland, Wales and Northern Ireland, acting jointly, in exercise of the powers conferred on them by sections 3, 15(3), 20(1) and 22(2)(a) of the Sea Fish (Conservation) Act 19671, and of all other powers enabling them in that behalf, hereby make the following Order:
Title and commencement
1. This Order may be cited as the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Variation) Order 1992 and shall come into force on 9th June 1992.
Variation of the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 1991
2. The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 19912shall be varied in accordance with articles 3 to 8 below.
3. In article 2 thereof (interpretation)—
(a) in paragraph (1)—
(i) the definition of “codline” shall be omitted;
(ii) in the definition of “protected species” there shall be inserted at the end the words “, and references in that Article to Annex II mean Annex II as amended by Council Regulation (EEC) No. 2024/883, Council Regulation (EEC) No. 4056/894and Council Regulation (EEC) No. 345/925”;
(b) there shall be inserted at the end the following paragraphs—
“3 For the purposes of this Order, a net shall be deemed to have been carried in a boat for the purpose of fishing for nephrops(Nephrops norvegicus)and a boat shall be deemed to have been fishing for nephrops if the catch retained on board that boat includes at least 30% by weight nephrops and not more than 60% by weight protected species.
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 queen scallops(Chlamys opercularis)and a boat shall be deemed to have been fishing for queen scallops if the catch retained on board that boat includes at least 80% by weight queen scallops and not more than 10% by weight protected species.”.
4. For article 3 thereof (exemptions) there shall be substituted the following article—
“Exemptions
3.—(1) This Order shall not apply to any net carried in, or used by, a beam trawler.
(2) The requirements relating to carriage of nets in article 4 shall not apply to any net which is properly lashed and stowed in such a way that it may not be readily used.
(3) Articles 4(1) and 6 shall not apply to any net carried in, or used by, a boat for the purpose of fishing for queen scallops.
(4) Article 6 shall not apply to any net carried in, or used by, a boat for the purpose of fishing for nephrops.”.
5. For article 4 thereof (regulation of carriage and use of nets) there shall be substituted the following article—
“Regulation of carriage and use of nets
4.—(1) Subject to article 3(1) to (3) and paragraphs (2) and (3) below, any net with a minimum mesh size of 80 millimetres or more but less than 90 millimetres carried in, or used by, any British fishing boat registered in the United Kingdom in ICES VI south of a line drawn westwards from the east coast of the Sound of Jura at 56° north latitude (Rockall and West of Scotland) or ICES VIIa (Irish Sea) shall have incorporated in it as part of the net a square mesh panel which—
(a)
(a) has a minimum mesh size of 80 millimetres;
(b)
(b) is at least 2 metres in length in the case of a boat with a registered engine power not exceeding 112 kilowatts, and is at least 3 metres in length in the case of any other boat;
(c)
(c) is placed—
(i) in the codend or in any extension piece with, in either case, the panel extending widthways across the topmost part of the net at right angles to the towing axis for at least 90% of the top half of the net; or
(ii) immediately in front of any extension piece or, in the absence of any...
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