The Prohibition of Fishing with Multiple Trawls Order 2001

Explanatory Note

(This note is not part of the Order)

This Order revokes and re-enacts with amendments the Norway Lobsters (Prohibition of Method of Fishing) Order 1993 (S.I. 1993/1887) in relation to England and Northern Ireland.

The Order prohibits fishing with any trawl other than a single trawl. The prohibition in the 1993 Order related only to fishing for Norway lobsters. The prohibition in this Order is not so confined. The prohibition applies to a relevant British fishing boat wherever it may be and to any Scottish fishing boat which is within relevant British fishery limits (article 3(1)). The Order introduces a definition of “single trawl” (article 2(1)). The prohibition does not apply to beam trawlers, to fishing in certain areas with a trawl having a specified mesh size of not less than 80 millimetres or to fishing in any area with a trawl having a mesh size of 100 millimetres or more (article 3(2)).

An area termed the Fladen Ground was excepted from the prohibition in the 1993 Order. This Order applies the exception to an extended area termed the Fladen area and to three other specified areas (article 2(1)). Within these areas to which this exception applies multiple trawls may be used provided they have a minimum mesh size of 80 millimetres (article 3(2)(b)).

British Sea Fishery officers are given certain powers for the purpose of the enforcement of the Order (article 4).

Offences are prescribed by sections 5(1) and (6) 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.