The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2008

Interpretation

2.—(1) In this Order–

“the Council Regulation” means Council Regulation (EC) No. 850/98 of 30th March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms(1);

“creel” means a basket, small cage, pot, receptacle or container with one or more openings or entrances, which may be baited and is placed on the seabed for the purpose of catching shellfish and crustacea;

“ICES statistical rectangle” followed by numerals with 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 Sea(2) is identified therein by those numerals and that letter;

“scallop dredge” means an 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 king scallops of the species Pecten maximus;

“Scotland” has the same meaning as in section 126(1) of the Scotland Act 1998(3); and

“trawl” means a demersal trawl, Danish seine or similar towed net.

(2) For the purposes of this Order a trawl shall be deemed to have been used for the purpose of fishing for Norway lobsters (Nephrops norvegicus) if the catch retained on board that boat complies with the conditions laid down with respect to towed gears of mesh size range 70 to 79 millimetres in Annex I to the Council Regulation.

(1)

O.J. No. L 125, 27.4.98, p.1. Council Regulation 850/98 was corrected by Corrigendum to Annex XII to that Regulation (O.J. No. L 318, 27.11.98, p.63) and was amended by Council Regulation (EC) No. 308/1999 (O.J. No. L 38, 12.2.99, p.6); Council Regulation (EC) No. 1459/1999 (O.J. No. L 168, 3.7.99, p.1); Council Regulation (EC) No. 2723/1999 (O.J. No. L 328, 22.12.99, p.9); Council Regulation (EC) No. 812/2000 (O.J. No. L 100, 20.4.00, p.3); Council Regulation (EC) No. 1298/2000 (O.J. No. L 148, 22.6.00, p.1); Council Regulation (EC) No. 724/2001 (O.J. No. L 102, 12.4.01, p.16); Council Regulation (EC) No. 973/2001 (O.J. No. L 137, 19.5.01, p.1); Council Regulation (EC) No. 602/2004 (O.J. No. L 97, 1.4.04, p.30); Council Regulation (EC) No. 1568/2005 (O.J. No. L 252, 28.9.05, p.2); and Council Regulation (EC) No. 2166/2005 (O.J. No. L 345, 28.12.05, p.5).

(2)

Cmnd. 2586.

(3)

1998 c. 46. The part of the internal waters and territorial sea of the United Kingdom which is adjacent to Scotland is determined by the Scottish Adjacent Waters Boundaries Order 1999 (S.I. 1999/1126).