This section has no associated Explanatory Memorandum
26.—(1) The use of a worker—
(a)to dive with the aid of breathing apparatus to gather shellfish from the sea bed; or
(b)to operate a net, dredge or other machinery used to gather shellfish from the sea bed, other than a hand net or hand-held rake, where the worker is using the net, dredge or other machinery on board a fishing vessel which is operating at sea.
(2) The use by shellfish cultivators with an exclusive right to cultivate shellfish on an area of the seabed of a worker to gather—
(a)shellfish from the shore for cultivation; or
(b)shellfish cultivated on the areas to which they have exclusive access.
(3) The use of a worker by the owner or operator of a shellfish hatchery to gather shellfish.