3.—(1) This article applies to–
(a)any Scottish fishing boat wherever it may be; and
(b)any relevant British fishing boat within the Scottish zone.
(2) No fishing boat to which this article applies shall carry or deploy a net the mesh of which measures between 16 and 31 millimetres unless–
(a)netting, the mesh of which measures at least twice that of the codend and no more than 70 millimetres, is fitted across the entire cross-section of the net in such a way that–
(i)sea fish cannot reach the codend without first passing through the netting; and
(ii)there is a hole in the net through which all sea fish that do not pass through the netting are able to escape;
(b)a rigid grid, the spacing between the bars of which is no more than 20 millimetres, is fitted across the entire cross-section of the net in such a way that–
(i)sea fish cannot reach the codend without first passing through the grid; and
(ii)there is a hole in the net through which all sea fish that do not pass through the grid are able to escape;
(c)no sea fish have been caught; or
(d)where sea fish have been caught, less than 60% by live weight of the total catch comprises common shrimps (Crangon spp.), Aesop shrimps (Pandalus montagui) or a combination of the two, and the retention of sea fish on board the boat is consistent with Article 25 of Council Regulation (EC) No. 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms(1) as amended by Council Regulation (EC) No. 1298/2000(2).
O.J. No. L 125, 27.4.98, p.1.
O.J. No. L 148, 22.6.00, p.1.