Prohibition of Fishing with Multiple Trawls Order 2001
| Jurisdiction | UK Non-devolved |
2001 No. 650
SEA FISHERIES, ENGLAND
SEA FISHERIES, NORTHERN IRELANDCONSERVATION OF SEA FISH
The Prohibition of Fishing with Multiple Trawls Order 2001
Made 28th February 2001
Laid before Parliament 5th March 2001
Coming into force 2nd April 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 5(1) and 15(3) of the Sea Fish (Conservation) Act 19671, 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 Prohibition of Fishing with Multiple Trawls Order 2001 and shall come into force on 2nd April 2001.
(2) Subject to paragraph (3), this Order shall not form part of the law of Scotland.
(3) Nothing in paragraph (2) above shall be treated as prejudicing the effect in Scotland of section 14 of the Act2in relation to, or for purposes incidental to, any provision of this Order which creates an offence.
Interpretation
2.—(1) In this Order—
“the Act” means the Sea Fish (Conservation) Act 1967;
“the Council Regulation” means Council Regulation (EC) No. 850/98of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms3as corrected by Corrigendum to Annex XII of the Council Regulation4and amended by Council Regulation (EC) No. 308/19995, Council Regulation (EC) No. 1459/19996, Council Regulation (EC) No. 2723/19997, Council Regulation (EC) No. 812/20008and Council Regulation (EC) No. 1298/20009;
“the Fladen area” means the waters of the Scottish zone bounded by a line beginning from a point on the north coast of Scotland at 04° 00' west longitude; thence due north to a point on the outer limit of the Scottish zone; thence in a north easterly direction along that outer limit to 62° 30' north latitude; thence due east to a point on the outer limit of the Scottish zone; thence in a south easterly direction along that outer limit to 57° 30' north latitude; thence due west to a point on the east coast of Scotland; and thence in a northerly and westerly direction following that coast to the point of beginning;
“beam trawler” means a fishing boat which, in so far as it carries or uses nets, carries or uses only nets which are designed to be towed along the sea-bed and which have their mouth extended by a beam, bar or other rigid device;
“equivalent Order” means an Order extending to Scotland or having effect in relation to Wales, made under section 5 of the Act pursuant to Article 46 of the Council Regulation which prohibits fishing by any trawl other than a single trawl;
“ICES” followed by a roman numeral with or without a letter shall be construed as a reference to whichever of the statistical sub-areas and divisions of the International Council for the Exploration of the Sea10described in the Schedule to this Order is identified therein by the roman numeral or that roman numeral and letter as the case may be;
“net” means a trawl, Danish Seine or similar towed net; and
“single trawl” means a single net towed by a two warp rig in which the net has a single bosom groundrope (the bosom being the central portion of the trawl between the lower wings), where the groundrope is attached to the towing rig at each wing-end only and does not have any further attachment, including bridles, wires or ropes, connecting it to the said towing rig;
any other expression used in the Council Regulation has the same meaning in this Order as in that Regulation.
(2) In this Order—
(a)
(a) the term “within relevant British fishery limits” does not include—
(i) the territorial sea adjacent to Wales;
(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 197611;
(b)
(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.
Prohibition of method of fishing
3.—(1) Subject to paragraph (2) below, fishing—
(a)
(a) by any relevant British fishing boat wherever it may be; or
(b)
(b) by any Scottish fishing boat within relevant British fishery limits,
with any trawl other than a single trawl is prohibited.
(2) Paragraph (1) above shall not apply—
(a)
(a) to any beam trawler;
(b)
(b) to fishing with a trawl having a mesh size of not less than 80 millimetres—
(i) in the Fladen area;
(ii) in ICESVI (Rockall and West of Scotland) south of a line drawn westwards from the east coast of the Sound of Jura at 56° north latitude;
(iii) in ICESVII (Irish Sea, West of Ireland and Porcupine Bank, South Coast of Ireland, Bristol Channel and English Channel); or
(iv) in ICESIV (North Sea) south of a line drawn eastwards from the east coast of England at 53° north latitude;
(c)
(c) to fishing with any trawl having a mesh size of 100 millimetres or more.
Powers of British sea-fishery officers in relation to fishing boats
4.—(1) For the purpose of the enforcement of this Order or any equivalent Order, a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) of this article in relation to—
(a)
(a) any relevant British fishing boat wherever it may be; and
(b)
(b) any Scottish fishing boat which is 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 may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, 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 mentioned in paragraph (1) of this article 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;
(b)
(b) may require any person on...
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