The Scallop Fishing Order 2004
| Jurisdiction | UK Non-devolved |
| Citation | SI 2004/12 |
(1) This Order may be cited as the Scallop Fishing Order 2004 and shall come into force on 1st February 2004.(2) Subject to paragraph (3) , this Order shall not form part of the law of Scotland or Northern Ireland.(3) Nothing in paragraph (2) shall prejudice the effect of section 14 of the Act in relation to, or for purposes incidental to, any provision which creates an offence.(1) In this Order—
- “the Act” means the Sea Fish (Conservation) Act 1967;
- “baselines” has the same meaning as in the Territorial Sea Act 1987 ;
- “British fishing boat” means a fishing boat which is either registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act, and in relation to Guernsey includes other fishing boats within the relevant definition as extended by the Sea Fish (Conservation) (Channel Islands) Order 1981;
- “equivalent order” means any other order made under sections 1, 3 or 15 of the Act creating prohibitions similar to any of those in articles 3, 4, 5 and 6 of this Order and extending or applying to any part of the United Kingdom;
- “ICES” followed by a roman numeral, a letter and a description shall be construed as a reference to the statistical sub-area of the International Council for the Exploration of the Sea with the same numeral, letter and description identified in the Schedule;
- “Northern Ireland fishing boat” means a vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging;
- “Northern Ireland zone” means the sea within British fishery limits which is adjacent to Northern Ireland;
- “relevant British fishing boat” does not include a Northern Ireland fishing boat;
- “scallop” means the species Pecten maximus;
- “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.
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