The Sharks, Skates and Rays (Prohibition of Fishing, Trans-shipment and Landing) (Scotland) Order 2012

Interpretation

2.  In this Order—

“EU fishing boat” means a Community fishing vessel as defined in Article 3(d) of Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy(1), other than a Scottish fishing boat and a relevant British fishing boat;

“fishing boat” means a vessel of whatever size, and in whatever way propelled, which is for the time being employed in sea fishing;

“relevant British fishing boat” means a fishing boat which is not a Scottish fishing boat and which either is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995(2) or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act;

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

“Scottish fishing boat” means a fishing 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 Scotland as the port to which the vessel is to be treated as belonging;

“third country fishing boat” means a third country fishing vessel as defined in Article 2(o) of Council Regulation (EC) No 1006/2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94(4);

“tope” means the species Galeorhinus galeus;

“vessel” includes any ship or boat or any other description of vessel used in navigation.

(1)

OJ L 358, 31.12.2002, p.59, as last amended by Council Regulation (EC) No 1224/2009 (OJ L 343, 22.12.2009, p.1).

(2)

1995 c.21.

(3)

1998 c.46. The sea within British fishery limits (that is, the limits set by or under section 1 of the Fishery Limits Act 1976 (c.86)) which is adjacent to Scotland is determined by the Scottish Adjacent Waters Boundaries Order 1999 (S.I. 1999/1126).

(4)

OJ L 286, 29.10.2008, p.33.