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The Outer Hebrides (Landing of Crabs and Lobsters) Order 2015

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Scottish Statutory Instruments

2015 No. 183

Sea Fisheries

Conservation Of Sea Fish

The Outer Hebrides (Landing of Crabs and Lobsters) Order 2015

Made

28th April 2015

Laid before the Scottish Parliament

30th April 2015

Coming into force

29th May 2015

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 1(1), (4) and (6), 6(1) and (3) and 20(1) of the Sea Fish (Conservation) Act 1967(1), and all powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Outer Hebrides (Landing of Crabs and Lobsters) Order 2015 and comes into force on 29th May 2015.

Interpretation

2.  In this Order—

the Act” means the Sea Fish (Conservation) Act 1967;

“foreign fishing boat” means any fishing boat other than a fishing boat which is either 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; and

“lobster” means lobster of the species Homarus gammarus.

Prescribed minimum size for landing velvet crabs in the Outer Hebrides

3.—(1) The Undersized Velvet Crabs Order 1989(3) is amended in accordance with paragraph (2).

(2) In article 2 (prescribed minimum size for landing velvet crabs and exemptions from landing prohibitions)—

(a)in paragraph (1), for “For” substitute “Subject to paragraph (1A), for”;

(b)after paragraph (1) insert—

(1A) For the purposes of section 1(1) of the Act, in relation to landing in the Outer Hebrides, there is prescribed as the minimum size in relation to sea fish of the description of velvet crab a size of 70 millimetres.; and

(c)in paragraph (2), for “paragraph (1)” substitute “paragraphs (1) and (1A)”.

Prescribed minimum size for landing edible crabs in the Outer Hebrides

4.—(1) The Undersized Edible Crabs (Scotland) Order 2000(4) is amended in accordance with paragraph (2).

(2) In Schedule 2 (minimum landing sizes), after the entry relating to the area of coast surrounding the Firth of Forth, insert—

Column 1

Area of coast

Column 2

Prescribed minimum landing sizes

The coasts of the islands of the Outer HebridesMale edible crabs: 150mm
Female edible crabs: 150mm.

Prescribed minimum size for landing lobsters in the Outer Hebrides

5.—(1) The Undersized Lobsters (Scotland) Order 2000(5) is amended in accordance with paragraph (2).

(2) In article 3 (prescribed minimum size for landing lobsters)—

(a)in paragraph (1), for “For” substitute “Subject to paragraph (1A), for”;

(b)after paragraph (1) insert—

(1A) For the purposes of section 1(1) of the Act, in relation to landing in the Outer Hebrides, there is prescribed as the minimum size for lobsters a size of—

(a)from 29th May 2015 to 28th May 2016, both dates inclusive, 88 millimetres;

(b)on or after 29th May 2016, 90 millimetres.; and

(c)in paragraph (2), for “paragraph (1)” substitute “paragraphs (1) and (1A)”.

Prescribed maximum size for landing female lobsters in the Outer Hebrides

6.—(1) For the purposes of section 1(1) of the Act (which prohibits the landing in Scotland of any sea fish of any description, which does not meet such requirements as to size as may be prescribed in relation to sea fish of that description), in relation to landing in the Outer Hebrides, there is prescribed as the maximum size in relation to sea fish of the description of female lobster a size of 145 millimetres.

(2) In this article, “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 is to be measured as shown in Schedule 1.

(3) Landing from foreign fishing boats is exempted from the prohibition imposed by section 1(1) of the Act as read with paragraph (1).

Prohibition on landing crippled female lobsters caught in specified waters

7.—(1) The landing in Scotland of any crippled female lobster, caught in the waters specified in paragraph 2 of Schedule 2, is prohibited.

(2) In this article, “crippled female lobster” means a female lobster missing—

(a)part of, or all of, its crusher claw; or

(b)part of, or all of, its cutter claw.

(3) Landing from foreign fishing boats is excepted from the prohibition imposed by paragraph (1).

RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew’s House,

Edinburgh

28th April 2015

Article 6(2)

SCHEDULE 1MEASUREMENT OF THE SIZE OF A LOBSTER

Article 7(1)

SCHEDULE 2DESCRIPTION OF THE SPECIFIED WATERS

Interpretation

1.  In this Schedule—

(a)“co-ordinate” means a co-ordinate defined on the World Geodetic 1984 Datum(6); and

(b)“Scottish inshore waters” means the area adjacent to the coast of Scotland and within the Scottish zone, and to the landward limit of six miles from the baseline from which the breadth of the territorial sea is measured, up to the mean high-water mark of ordinary spring tides.

Description of the specified waters

2.—(1) That part of Scottish inshore waters which is bounded by the lines (the topographical descriptions of which are provided in the fourth column of the following table) which join in sequential order the co-ordinates listed and identified in the first, second and third columns.

Co-ordinateNorth LatitudeWest LongitudeTopographical description of boundary line
158°40.31′005°41.06′Loxodrome
258°40.13′005°41.04′Loxodrome
358°37.29′005°40.77′Loxodrome
458°32.91′005°39.67′Loxodrome
558°31.48′005°39.62′Loxodrome
658°28.71′005°40.57′Loxodrome
758°28.31′005°40.64′Loxodrome
858°23.42′005°44.40′Loxodrome
958°20.09′005°45.82′Loxodrome
1058°18.63′005°45.87′Loxodrome
1158°11.76′005°46.49′Loxodrome
1258°11.06′005°47.07′Loxodrome
1358°08.09′005°49.07′Loxodrome
1458°06.95′005°49.79′Loxodrome
1558°05.96′005°50.49′Loxodrome
1658°05.41′005°50.97′Loxodrome
1758°03.91′005°53.77′Loxodrome
1858°03.48′005°54.49′Loxodrome
1958°01.91′005°59.09′Loxodrome
2058°01.63′005°59.69′Loxodrome
2157°59.28′006°02.37′Loxodrome
2257°52.83′006°04.10′Loxodrome
2357°50.90′006°04.68′Loxodrome
2457°49.43′006°05.35′Loxodrome
2557°49.18′006°10.38′Loxodrome
2657°48.53′006°16.88′Loxodrome
2757°48.60′006°18.02′Loxodrome
2857°48.83′006°21.33′Loxodrome
2957°50.62′006°26.28′Loxodrome
3057°50.77′006°27.25′Loxodrome
3157°51.15′006°30.28′Loxodrome
3257°50.96′006°31.08′Loxodrome
3357°48.16′006°34.86′Loxodrome
3457°45.60′006°37.38′Loxodrome
3557°44.43′006°37.91′Loxodrome
3657°43.55′006°38.73′Loxodrome
3757°43.25′006°38.93′Loxodrome
3857°42.26′006°43.33′Loxodrome
3957°41.75′006°44.58′Loxodrome
4057°40.72′006°46.93′Loxodrome
4157°39.52′006°48.68′Loxodrome
4257°38.77′006°49.61′Loxodrome
4357°37.88′006°50.29′Loxodrome
4457°36.25′006°50.93′Loxodrome
4557°34.88′006°53.08′Loxodrome
4657°34.45′006°53.84′Loxodrome
4757°33.45′006°54.76′Loxodrome
4857°32.08′006°55.91′Loxodrome
4957°31.87′006°56.06′Loxodrome
5057°31.52′006°56.28′Loxodrome
5157°31.12′006°56.41′Loxodrome
5257°30.15′006°57.14′Loxodrome
5357°29.36′006°57.53′Loxodrome
5457°26.18′006°58.96′Loxodrome
5557°24.92′006°59.29′Loxodrome
5657°23.68′006°59.09′Loxodrome
5757°20.72′006°58.44′Loxodrome
5857°20.62′006°58.38′Loxodrome
5957°19.33′006°57.08′Loxodrome
6057°18.57′006°56.54′Loxodrome
6157°17.25′006°55.83′Loxodrome
6257°15.92′006°55.16′Loxodrome
6357°14.48′006°54.78′Loxodrome
6457°12.29′006°54.08′Loxodrome
6557°10.92′006°52.91′Loxodrome
6657°10.77′006°52.71′Loxodrome
6757°04.85′006°54.84′Loxodrome
6857°03.55′006°55.99′Loxodrome
6957°02.78′006°56.54′Loxodrome
7057°01.17′006°57.78′Loxodrome
7156°56.37′007°01.14′Loxodrome
7256°56.14′007°01.24′Loxodrome
7356°54.57′007°01.67′Loxodrome
7456°53.37′007°01.92′Loxodrome
7556°51.25′007°02.24′Loxodrome
7656°49.15′007°02.34′Loxodrome
7756°47.47′007°01.97′Loxodrome
7856°45.89′007°05.89′Loxodrome
7956°45.09′007°08.31′Loxodrome
8056°44.54′007°10.12′Loxodrome
8156°43.19′007°13.69′Loxodrome
8256°32.86′007°29.30′Loxodrome
8356°30.97′007°33.56′Boundary line following the seaward limit of Scottish inshore waters
8458°40.31′005°41.06′

(2) Those parts of Scottish inshore waters which are adjacent to the following Scottish islands (the centroid co-ordinates which are listed in the second and third columns of the following table) and are bounded to the north, east, south and west by the seaward limit of Scottish inshore waters.

IslandNorth LatitudeWest Longitude
St Kilda (Hirta)57°48.96′008°35.53′
St Kilda (Boreray)57°52.19′008°29.45′
Sula Sgeir59°05.73′006°09.38′
North Rona59°07.39′005°49.56′
Flannan Isles (Eilean a Ghoba)58°16.94′007°38.90′
Flannan Isles (Eilean Mor)58°17.15′007°35.29′
Flannan Isles (Soraidh)58°16.43′007°35.34′

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Undersized Velvet Crabs Order 1989, the Undersized Edible Crabs (Scotland) Order 2000 and the Undersized Lobsters (Scotland) Order 2000 so as to prescribe minimum sizes for the landing of velvet crabs, edible crabs and lobsters in the Outer Hebrides (articles 3, 4 and 5).

The Order also prescribes a maximum landing size for female lobsters in the Outer Hebrides (article 6).

The Order also prohibits the landing in Scotland of female lobsters with missing claws, caught in Scottish inshore waters surrounding the Outer Hebrides (article 7). These waters are shown on the illustrative map appended to this note.

The prescribed minimum and maximum landing sizes and the prohibition set out in article 7 apply only to landings from British fishing boats.

This Order is made in accordance with the procedure set out in Article 46 of Council Regulation (EC) No. 850/98 (OJ L 125, 27.4.1998, p.1) for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (“the Council Regulation”). Article 46 of the Council Regulation authorises Member States to take certain national measures for the conservation and management of local stocks.

(1)

1967 c.84 (“the 1967 Act”); section 1 was substituted by the Fisheries Act 1981 (c.29), section 19(1) and was amended by the Merchant Shipping Act 1988 (c.12), Schedule 6 and the Marine and Coastal Access Act 2009 (c.23) (“the 2009 Act”), section 194, which extends to Scotland by virtue of the Marine (Scotland) Act 2010 (asp 5) (“the 2010 Act”), section 158(1). Section 6(1) was amended by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (“S.I. 1999/1820”), Schedule 2, paragraph 43(6)(a). Sections 1 and 6 of the 1967 Act are modified in relation to Scotland by section 22A(2), (2A) and (7) of that Act. Section 22A was inserted by S.I. 1999/1820, Schedule 2, paragraph 43(13). Relevant modifications are contained in the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), article 5 and the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), articles 3, 5 and 6. The functions of the Secretary of State, in or as regards Scotland, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). Section 22(2) of the 1967 Act, which contains a definition of “the Ministers” was amended by the Fisheries Act 1981 (c.29), sections 19(2)(d) and (3) and 45. The definition was modified in relation to Scotland by section 22A(12)(b) of the 1967 Act.

(6)

Definitions of the World Geodetic System 1984 datum and co-ordinate reference system are available via EPSG GeodeticParameter Registry at EPSG:6326 (http://epsg.io/6326-datum) and EPSG:4326 (http://epsg.io/4326).

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