Crabs and Lobsters (Minimum Size) Order (Northern Ireland) 2000

Statutory Rules of Northern Ireland

2000 No. 200

SEA FISHERIES

Crabs and Lobsters (Minimum Size) Order (Northern Ireland) 2000

Made

26th May 2000

Coming into operation

30th June 2000

The Department of Agriculture and Rural Development in exercise of the powers conferred on it by section 127(1) and (3A) of the Fisheries Act (Northern Ireland) 1966(1) and of every other power enabling it in that behalf, hereby makes the following Order:

Citation and commencement N.I.

1.  This Order may be cited as the Crabs and Lobsters (Minimum Size) Order (Northern Ireland) 2000 and shall come into operation on 30th June 2000.

Commencement Information

I1 Art. 1 in operation at 30.6.2000, see art. 1

Interpretation N.I.

2.—(1) In this Order—

“the Act” means the Fisheries Act (Northern Ireland) 1966;

F1 ...

[F2 [F3 “foreign fishing boat” has the same meaning as in the Fisheries Act 2020 (see section 52 of that Act);]

“lobster” means lobster of the species Homarus gammarus.

(2) For the purposes of this Order, the size of:—

(a) lobsters, shall be measured as shown in the illustration of a lobster set out in Schedule 1 as the length of the carapace, parallel to the midline from the back of either eye socket to the distal edge of the carapace;

(b) spider crabs shall be measured as shown in the illustration of a spider crab set out in Schedule 1 as the length of the carapace measured along the midline, from the edge of the carapace, between the rostrums to the posterior edge of the carapace; and

(c) velvet crabs, shall be measured as shown in the illustration of a velvet crab set out in Schedule 1 as the width of the carapace measured across the broadest part, excluding spines, of the back.

“spider crab” means crab of the species Maia squinado;

“velvet crab” means crab of the species Necora puber.]

Textual Amendments

F1 Words in art. 2 omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 33(2)(a) (with s. 50, Sch. 4 para. 31)

F2 Words in art. 2(1) inserted (1.12.2018) by The Sea Fishing (Miscellaneous Amendments and Revocations) Order (Northern Ireland) 2018 (S.R. 2018/185), art. 1, Sch. 1 para. 1

F3 Words in art. 2 substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 33(2)(b) (with s. 50, Sch. 4 para. 31)

Commencement Information

I2 Art. 2 in operation at 30.6.2000, see art. 1

Prescribed minimum size N.I.

3.  For the purpose of section 127(1) of the Act there are hereby prescribed in Schedule 2 to this Order the minimum sizes in relation to lobsters, male spider crabs and velvet crabs.

Commencement Information

I3 Art. 3 in operation at 30.6.2000, see art. 1

[F4 Exemptions N.I.

4.   The prohibitions imposed by section 127(1) of the Act, as read with Article 3 and the Schedule, do not apply in relation to sea-fish caught by a foreign fishing boat in waters lying outside British fishery limits.]

Textual Amendments

F4 Art. 4 substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 33(3) (with s. 50, Sch. 4 para. 31)

Revocation N.I.

5.  The Undersized Lobsters Order (Northern Ireland) 1993(2) is hereby revoked.

Commencement Information

I4 Art. 5 in operation at 30.6.2000, see art. 1

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 26th May 2000.

L.S.

G. Lavery

Senior Officer of the

Department of Agriculture and Rural Development

SCHEDULE 1 N.I. Illustrations

Commencement Information

I5 Sch. 1 in operation at 30.6.2000, see art. 1

SCHEDULE 2 N.I. Prescribed Minimum Size

Commencement Information

I6 Sch. 2 in operation at 30.6.2000, see art. 1

Species	Minimum Landing Sizes
lobsters	87 mm
spider crabs (male)	130 mm
velvet crabs	65 mm

Explanatory Note

(This note is not part of the Order.)

Section 127(1) of the Fisheries (Northern Ireland) Act 1966 (“the 1966 Act”) prohibits the bringing to land, landing, sale or offering or exposure for sale or the possession for the purposes of sale of sea fish of a description prescribed by regulations where those fish are smaller than the minimum size so prescribed. For the purposes of this sub-section, this Order prescribes the minimum size for lobsters, male spider crabs and velvet crabs (Article 3 and Schedule 2).

Section 127(1)(A) of the 1966 Act provides that, in the case of lobsters, any possession (whether or not for the purposes of sale) of a lobster smaller than the minimum size is prohibited. This prohibition does not apply to the possession of a lobster smaller than the prescribed minimum size where that lobster has been purchased by retail in a shop.

There is an exemption in relation to foreign fishing boats (Article 4).

A person who commits an offence under section 127 of the 1966 Act, shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale (£5,000).

(1)

1966 c. 17 (N.I.) as amended by S.I. 1981/227 (N.I. 7) Article 10(2) and Schedule 4

(2)

S.R. 1993 No. 378