The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 2001

Explanatory Note

(This note is not part of the Order)

This Order regulates the carriage of certain nets and other fishing gear. The Order applies to nets carried or used by relevant British fishing boats and by Scottish fishing boats in certain specified areas (article 3(1)). Nets carried or used by beam trawlers, or for catching queen scallops, and nets which are lashed and stowed so that they may not readily be used are excepted from the requirements of the Order (article 3(2)).

The Order requires that—

(a) a square mesh panel complying with specified conditions be incorporated in nets of certain mesh sizes carried in, or used by relevant British fishing boats and Scottish fishing boats in the specified areas (article 4);

(b) in the case of multiple twine netting in the codend, extension piece or square mesh panel of any net to which the Order applies, the sum of the thicknesses of the multiple twines on any side of any mesh do not exceed 10 millimetres (article 6(1)); and

(c) in the case of any net to which the Order applies and which is carried or used for the purpose of fishing for Norway lobsters, any square mesh panel is constructed of single twine that does not exceed 4 millimetres (article 6(2)).

British Sea fishery officers are given certain powers for the purpose of the enforcement of the Order (article 7).

The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 1991 (S.I. 1999/1380, as amended by S.I. 1992/1344) is amended, with the effect that its provisions no longer apply to ICES Statistical Division IIa (Norwegian Sea), ICES Statistical Sub-Area IV (North Sea) and ICES Statistical Sub-Area VI (Rockall and West of Scotland) (article 8).

Offences are prescribed by section 3(5) of the Sea Fish (Conservation) Act 1967 (c. 84) and penalties by section 11 of that Act, as amended by section 24(1) of the Fisheries Act 1981 (c. 29).

The Order does not form part of the law of Scotland. It does not apply to fishing activities within the territorial sea of Wales.

This Order is made in reliance on Article 46 of Council Regulation (EC) 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (O.J. No. L 125, 27.4.98, p.1.), which authorises Member States to take certain national measures for the conservation and management of stocks.

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Sea Fisheries Conservation Division of the Ministry of Agriculture, Fisheries and Food, Room 421d, Nobel House, 17 Smith Square, London SW1P 3JR.