Statutory Instruments
1993 No. 1178
SEA FISHERIES
CONSERVATION OF SEA FISH
The Undersized Lobsters Order 1993
Made
28th April 1993
Laid before Parliament
29th April 1993
Coming into force
20th May 1993
The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fishing industry in Scotland and Wales, acting jointly, in exercise of the powers conferred on them by sections 1(1), (2) and (6) and 22(2)(b) of the Sea Fish (Conservation) Act 1967(1) and of all their other enabling powers, and the said Minister, the said Secretaries of State and the Secretary of State concerned with the sea fishing industry in Northern Ireland, acting jointly, in exercise of the powers conferred on them by sections 1(3), 15(3) and 22(2)(a) of the said Act, and of all their other enabling powers, hereby make the following Order:
Title, commencement and interpretation
1.—(1) This Order may be cited as the Undersized Lobsters Order 1993 and shall come into force on 20th May 1993.
(2) In this Order—
“the Act” means the Sea Fish (Conservation) Act 1967;
“carapace length”, in relation to any lobster, means the length of the carapace, measured parallel to the mid-line from the back of either eye socket to the distal edge of the carapace, as shown in the Schedule hereto;
“lobster” means lobster of the species Homarus gammarus.
Prescribed minimum size for landing lobsters and exemption from landing prohibition
2.—(1) For the purpose of section 1(1) of the Act (which prohibits the landing in Great Britain of any sea fish of any description, being a fish of a smaller size than such size as may be prescribed in relation to sea fish of that description), a carapace length of 85 millimetres is hereby prescribed as the minimum size in relation to lobsters.
(2) Landing from foreign fishing boats is exempted from the prohibition imposed by section 1(1) of the Act as read with paragraph (1) above.
Prescribed minimum size for sale etc. of lobsters and exemptions from sale prohibitions
3.—(1) For the purposes of section 1(2) of the Act (which prohibits the sale, exposure or offer for sale or possession for the purpose of sale of any sea fish of any description, being a fish of a smaller size than such size as may be prescribed in relation to sea fish of that description), a carapace length of 85 millimetres is hereby prescribed as the minimum size in relation to lobsters.
(2) The sale, exposure or offer for sale or possession for the purpose of sale of lobsters which are landed from foreign fishing boats is exempted from the prohibitions imposed by section 1(2) of the Act as read with paragraph (1) above.
Prescribed minimum size for carriage of lobsters on a British fishing boat
4. For the purpose of section 1(3) of the Act (which prohibits the carriage on a British fishing boat of sea fish of any description which are of less than the minimum size prescribed in relation to sea fish of that description), a carapace length of 85 millimetres is hereby prescribed as the minimum size in relation to lobsters carried on a British fishing boat.
Powers of British sea-fishery officers in relation to fishing boats
5.—(1) For the purpose of the enforcement of section 1 of the Act and of this Order a British sea-fishery officer may exercise in relation to any British fishing boat registered in the United Kingdom and any British owned fishing boat (not so registered) anywhere the powers conferred by paragraphs (2) to (4) below.
(2) He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
(3) He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular—
(a)may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
(b)may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
(c)for the purpose of ascertaining whether the master, owner or charterer of the boathas committed an offence under section 1 of the Act as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
(d)where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
(4) Where it appears to a British sea-fishery officer that an offence under section 1 of the Act as read with this Order has at any time been committed within British fishery limits, he may—
(a)require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
(b)detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 28th April 1993.
L.S.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
27th April 1993
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
28th April 1993
Patrick Mayhew
Secretary of State for Northern Ireland
28th April 1993
Article 1(2)
SCHEDULECARAPACE LENGTH
Explanatory Note
(This note is not part of the Order)
This Order prescribes a minimum size for the landing of lobsters (Homarus gammarus) in Great Britain (article 2(1)).There is an exemption from the minimum landing size for the landing of lobsters from foreign fishing boats (article 2(2)).
The Order also prescribes a minimum size for the sale of lobsters (article 3(1)) and for the carriage of lobsters on a British fishing boat (article 4).There is an exemption from the minimum sale size for lobsters which are landed from foreign boats (article 3(2)).
The Order gives British sea-fishery officers further enforcement powers in relation to fishing boats (article 5).They already have powers under section 15(2) of the Sea Fish (Conservation) Act 1967, as amended by the Fisheries Act 1981, (“the 1967 Act”) to seize any fish in respect of which an offence has been or is being committed under section 1(3) of the 1967 Act.
Offences and penalties are prescribed respectively by section 1(7) and (8) and section 11 of the 1967 Act, as amended by the Criminal Justice Act 1991 (c. 53).
This Order is made in reliance on Article 14(1) of Council Regulation (EEC) No.3094/86 (OJ No.L288, 11.10.86, p. 1), 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.
1967 c. 84; section 1 was substituted by the Fisheries Act 1981 (c. 29), section 19(1); section 15(3) was substituted by the Sea Fisheries Act 1968 (c. 77), Schedule 1, paragraph 38(3), and amended by the Fishery Limits Act 1976 (c. 86), Schedule 2, paragraph 16(1); section 22(2) contains definitions of “the Ministers” for the purposes of sections 1(1) and 15(3) and was amended by the Fisheries Act 1981, sections 19(2)(d) and 45(b) and (c).