The Salmon and Migratory Trout (Prohibition of Fishing and Landing) (England) Order 2015

JurisdictionEngland & Wales
CitationSI 2015/441

2015No. 441

SEA FISHERIES, ENGLAND

BOATS AND METHODS OF FISHING

LANDING AND SALE OF SEA FISH

The Salmon and Migratory Trout (Prohibition of Fishing and Landing) (England) Order 2015

27thFebruary2015

3rdMarch2015

25thMarch2015

The Secretary of State has consulted the Secretary of State for Business, Innovation and Skills( 1) in accordance with section 6(1) of the Sea Fish (Conservation) Act 1967( 2), and makes the following Order in exercise of the powers conferred by sections 5(1) and (2) and 6(1), (2) and (3) of that Act( 3), and by section 14A of the Interpretation Act 1978( 4).

Title, commencement, extent and application

1. This Order-

(a) may be cited as the Salmon and Migratory Trout (Prohibition of Fishing and Landing) (England) Order 2015;(b) comes into force on 25th March 2015; and(c) extends to England and Wales but, subject to article 3, applies only in relation to England.

Interpretation

2. In this Order-

"exclusive fishery limits" means the waters surrounding England and Wales to a distance of six miles from the baselines from which the territorial sea is measured;

"landing" in relation to salmon and migratory trout means the first landing of those fish after catching and "land" is to be construed accordingly;

"specified method" means a method of fishing with drift net or other gill net, trawl net, seine net, troll net or long-line, but does not include beach seining or fishing from the shore by net and coble; and for this purpose-

"drift net" means any length of net which is-

(i) allowed to float or drift,(ii) either attached to or released from a fishing boat, and(iii) not attached to or held on the shore; and

"gill net" means any length of net designed for the purpose of catching fish, by enmeshing them;

"the Mouth of the River Tweed" means the estuary limits of the River Tweed as set out in article 3(4) of the Scotland Act 1998 (River Tweed) Order 2006( 5);

"North-East Atlantic waters" means the waters described in Part 1 of Schedule 1 to this Order;

"North-West Atlantic waters" means the waters described in Part 2 of Schedule 1 to this Order;

"the Northern Ireland zone" means the sea within that part of the exclusive economic zone( 6) which is adjacent to Northern Ireland; and

"the Scottish zone" means the sea within that part of the exclusive economic zone which is adjacent to Scotland.

Prohibition of fishing

3.-(1) Subject to paragraph (2),fishing for salmon or migratory trout within the following areas is prohibited-

(a) the North-East Atlantic waters; and(b) the exclusive economic zone from the boundary of the Scottish zone in the east in a clockwise direction around the English coastline to the boundary of the Scottish zone in the west.

(2) Subject to paragraph (3), paragraph (1)(b) does not apply to fishing in-

(a) the exclusive fishery limits;(b) the southern seaward sector of the Tweed district, being the area described in section 2(6) of the Scotland Act 1998 (River Tweed) Order 2006;(c) the area of sea within the exclusive economic zone lying west of the meridian of longitude 3 degrees west and north of the parallel of latitude 54 degrees 30' north up to the boundary with the Scottish zone;(d) the area of sea within the exclusive economic zone lying east of the meridian of longitude 3 degrees west and south from the boundary with the Scottish zone to the southern boundary of the Mouth of the River Tweed and south of a line drawn due east from the eastern-most point of that boundary;(e) the waters within the Northern Ireland zone; and(f) the waters adjacent to Wales, specified as falling within the Welsh zone (within the meaning of section 158(1) of the Government of Wales Act 2006( 7) by an Order in Council under section 58 of the Government of Wales Act 2006( 8) or an order under section 158(3) of that Act.

(3) Fishing by a specified method for salmon or migratory trout within the area described in paragraph (2)(c) or (d) of this article is prohibited.

Prohibition of landings

4. Landing of any of the following fish in England is prohibited-

(a) salmon caught in North-West Atlantic waters;(b) salmon and migratory trout caught in North-East Atlantic waters;(c) salmon and migratory trout caught by a specified method in the areas described in Schedule 2 to this Order;(d) subject to article 5,...

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