Undersized Lobsters Order 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/1503 |
2000 No. 1503
SEA FISHERIES, ENGLAND
SEA FISHERIES, NORTHERN IRELANDCONSERVATION OF SEA FISH
The Undersized Lobsters Order 2000
Made 7th June 2000
Laid before Parliament 8th June 2000
Coming into force 30th June 2000
The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fishing industry in Scotland and Wales, acting jointly, in exercise of the powers conferred on them by sections 1(1) and (2) of the Sea Fish (Conservation) Act 19671and of all other powers enabling them in that behalf, and the said Minister, the said Secretaries of State 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 1(3) and (6), 15(3) and 20(1) of the said Act, and of all other powers enabling them in that behalf, hereby make the following Order:
Citation, commencement and extent
1.—(1) This Order may be cited as the Undersized Lobsters Order 2000 and shall come into force on 30th June 2000.
(2) Subject to paragraph (3), this Order shall not form part of the law of Scotland.
(3) Nothing in paragraph (2) shall be treated as prejudicing the effect in Scotland of section 14 of the Act.
(4) Except for—
(a)
(a) articles 3 and 4; and
(b)
(b) article 6 in so far as it applies to the enforcement of articles 3 and 4 of this Order,
this Order extends to Northern Ireland.
(5) Article 6(2) to (5) of this Order extends to Guernsey.
Interpretation
2.—(1) In this Order—
“the Act” means the Sea Fish (Conservation) Act 1967;
“Guernsey” means the Bailiwick of Guernsey;
“Jersey” means the Bailiwick of Jersey;
“lobster” means lobster of the speciesHomarus gammarus;
“size”, in relation to a lobster, means the length of the carapace, parallel to the midline, from the back of either eye socket to the distal edge of the carapace and shall be measured as shown in the Schedule to this Order;
“territorial sea adjacent to Jersey” means the sea within 12 nautical miles from the baselines from which the breadth of the territorial sea adjacent to Jersey is measured.
(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 Jersey;
(b)
(b) any reference to any relevant British fishing boat, or to any fishing boat registered in Guernsey, “wherever it may be” does not include such a fishing boat while in:
(i) the territorial sea adjacent to Wales; or
(ii) the territorial sea adjacent to Jersey;
(c)
(c) the term “any equivalent order” means any other order made under section 1(3) of the Act, extending to any part of the United Kingdom, which prescribes minimum sizes for lobster.
Prescribed minimum size for landing lobsters in England
3.—(1) For the purposes of section 1(1) of the Act (which prohibits the landing in England and Wales of any sea fish of any description, being a fish of a smaller size than such size as may be prescribed in relation to sea fish of that description), there is hereby prescribed as the minimum size for lobsters a size of 87 millimetres.
(2) Landing from foreign fishing boats is exempted from the prohibition imposed by section 1(1) of the Act as read with paragraph (1) above.
(3) This article applies only to landings in England.
Prescribed minimum size for sale etc. of lobsters in England
4.—(1) For the purposes of section 1(2) of the Act (which prohibits the sale, exposure or offer for sale or possession for the purpose of sale in England and Wales of any sea fish of any description, being a fish of a smaller size as may be prescribed in relation to sea fish of that description), there is hereby prescribed as the minimum size for lobster a size of 87 millimetres.
(2) The sale, exposure or offer for sale or possession for the purpose of sale of lobsters which are landed from foreign fishing boats is exempted from the prohibitions imposed by section 1(2) of the Act as read with paragraph (1) above.
(3) This article applies only to England.
Prescribed minimum size for carriage of lobsters
5.—(1) This article applies 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) For the purposes of section 1(3) of the Act (which prohibits the carriage on a relevant British fishing boat or on a Scottish fishing boat within relevant British fishery limits of sea fish of any description which are of less than the minimum size prescribed in relation to sea fish of that description), a size of 87 millimetres is hereby prescribed as the minimum size in relation to lobsters.
Powers of British sea-fishery officers in relation to fishing boats
6.—(1) For the purpose of the enforcement of section 1(1), (2) and (3) of the Act as read with this Order or any equivalent order, a British sea-fishery officer may exercise the powers conferred by paragraphs (3) to (5) below—
(a)
(a) in relation to any relevant British fishing boat wherever it may be; and
(b)
(b) in relation to any Scottish fishing boat which is within relevant British fishery limits.
(2) For the purpose of the enforcement of section 1(3) of the Act as it has effect in Guernsey by virtue of the Sea Fish (Conservation) (Channel Islands) Order 19812, as read with this Order or any equivalent order, a British sea-fishery officer may exercise the powers conferred by paragraphs (3) to (5) below in relation to any fishing boat registered in...
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