The Scallop Fishing Order 2004

Explanatory Note

(This note is not part of the Order)

This Order places restrictions on the use and carriage of scallop dredges, and applies to British fishing boats within relevant British fishery limits (as defined in article 2).

It prohibits the use or carriage of scallop dredges (as defined in article 2(1)) which do not conform to certain technical specifications (articles 3 and 4). However, the restrictions in article 3 do not apply to a dredge which falls within the definition of a scallop dredge, but which does not retain any scallops on board and either is in a shellfish production area (article 2(2)(a)) or on a voyage on which it only fishes for and retains seed mussel for relaying into a shellfish production area (article 2(2)(b)).

The Order also contains restrictions on the number of dredges which may be towed within 6 miles of the baselines within relevant British fishery limits (article 5) and, within ICES division VII d, bans the carriage of scallops which measure less than 110 millimetres (articles 6 and 7).

If a boat breaches the restrictions in articles 3, 4 or 5, the master, owner and charterer are each 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 net and order the net’s forfeiture (section 11(2)-(3) of the 1967 Act).

If a boat breaches the restrictions in article 6, the master, owner and charterer is guilty of an offence and is liable to a fine not exceeding the statutory maximum and on conviction on indictment to a fine (sections 1(8) and 11(1)(c) of the Sea Fish (Conservation) Act 1967). The court may also impose an additional fine not exceeding the value of the fish in respect of which the offence was committed, or alternatively order the forfeiture of those fish (section 11(2)-(5) of the 1967 Act).

Additionally the Order confers powers of enforcement on British sea fishery officers for the purposes of enforcing this Order or any equivalent Order implementing similar prohibitions in relation to any categories of fishing boat (article 8) and revokes a previous order in so far as it applies within relevant British fishery limits (article 9).