The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 1991

Explanatory Note

(This note is not part of the Order)

This Order regulates the carriage of certain nets and other fishing gear in British fishing boats registered in the United Kingdom in specified sea areas and restricts the manner in which such nets and gear may be used. The Order is made in reliance on Article 14(1) of Council Regulation (EEC) No. 3094/86, laying down certain technical measures for the conservation of fishery resources, which authorises Member States to take certain national measures for the conservation and management of stocks.

In particular, the Order—

(a) requires a square mesh panel complying with specified criteria to be incorpor ated in nets of certain mesh sizes carried in, or used by, boats in part of ICES IIa (Norwegian Sea) or in ICES IV (North Sea), ICES VI (Rockall and West of Scotland) or ICES VIIa (Irish Sea) (article 4 and the Schedule);

(b) prescribes how the mesh size of nets is to be measured for the purposes of the Order (article 5);

(c) regulates the codend and any extension piece of nets of certain mesh sizes carried in, or used by, boats in parts of ICES IIa or VI or in ICES IV (article 6);

(d) regulates the carriage in, and use by, boats of strengthening bags and top-side chafers in specified sea areas in certain circumstances (article 7);

(e) provides for exemptions (article 3);

(f) gives British sea-fishery officers enforcement powers in relation to British fishing boats registered in the United Kingdom (article 8).

Offences and penalties are prescribed respectively by sections 3(5) and 11 of the Sea Fish (Conservation) Act 1967, as amended by section 24(1) of the Fisheries Act 1981.