The Fal and Helford (Prohibition of Scallop Dredging) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order temporarily prohibits the deployment of scallop dredges in the estuaries of the Rivers Fal and Helford (article 3). The carriage of scallop dredges within the restricted area is also prohibited unless all parts of the dredge are completely inboard the boat (article 4).

The Order comes into force on 21st October 2003 and expires 1 year later (article 1(1)).

If any boat contravenes any restriction under this Order, the master, owner and charterer is guilty of an offence and is liable to a fine not exceeding £5,000 on summary conviction and on conviction on indictment to a fine (sections 3(5) and 11(1)(b) of the Sea Fish (Conservation) Act 1967). The court may also impose an additional fine not exceeding the value of the fish caught with the scallop dredge or order the dredge’s forfeiture (section 11(2)–(3) of the 1967 Act).

Additionally the Order confers powers of enforcement on British sea-fishery officers for the purposes of enforcing this Order. These powers may be exercised in relation to any fishing boat within relevant British fishery limits, and in relation to a relevant British fishing boat wherever it may be (article 5).

Powers to board vessels and to search for, examine and seize fishing gear for the enforcement of this Order are conferred on an officer of a local fisheries committee by virtue of section 17 of the 1967 Act. The area in which the prohibition applies corresponds with the area in which the Environment Agency has powers of a local fisheries committee by virtue of the order establishing the Cornwall Sea Fisheries District and Committee, made by the Board of Trade on 28th March 1890, as amended (in particular by the Cornwall Sea Fisheries District (Variation) Order 1980 (S.I. 1980/805)).