Conservation of Scallops Regulations (Northern Ireland) 2008

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations revoke and replace the Sea Fish (Minimum Size) (No 2) Order (Northern Ireland) 1983, the Conservation of Scallops Regulations (Northern Ireland) 1997 and The Inshore Fishing (Daily Close Time for Scallops) Regulations (Northern Ireland) 2000.

The Regulations prohibit:—

(a) fishing for scallops by any means within the defined area during the times specified;

(b) the use or carriage on board any British fishing boat a scallop dredge or system of scallop dredges with a width, or in the case of a system of scallop dredges, an aggregate width, of more than 915 cms;

(c) the use or carriage on board any British fishing boat a scallop dredge with more than 9 teeth per dredge;

(d) the use or carriage on board any British fishing boat a scallop dredge with a tooth spacing between the internal edges of less than 75mm on the dredge or tooth bar;

(e) the use or carriage on board any British fishing boat a scallop dredge with belly rings having a clear opening of less than 75mm internal diameter;

(f) the use or carriage on board any British fishing boat a scallop dredge with a mesh size of less than 100mm in the netting cover;

(g) the use or carriage on board any British fishing boat a French dredge;

(h) the use or carriage on board any British fishing boat a tow bar which exceeds 5.5 metres in length;

(i) the use or carriage on board any British fishing boat a tow bar 5.5 metres or less in length which is constructed in such a way as to enable more than six scallop dredges to be attached to it at the same time;

(j) fishing for scallops within the defined area using more than 6 scallop dredges from each side of any British fishing boat;

(k) taking scallops by diving during the period 1st June to 31st October both days inclusive, in any year with in the defined area except for Strangford Lough;

(l) a person, within the defined area, taking by diving or landing, bringing to land, or retaining on board any British fishing boat scallops of a size less than 110mm;

(m) a person who, within the defined area, catches fish by any means other than a scallop dredge taking and retaining on board a British fishing boat, scallops which are more than 1% by weight of the total of all fish on board.

The Regulations do not apply to:—

(a) fishing from a sea fishing boat other than a British sea fishing boat; or

(b) any person operating under the authority of and in accordance with the terms and conditions of a fish culture licence or a permit granted by the Department of Agriculture under sections 11 and 14 respectively of the Fisheries Act (Northern Ireland) 1966.

Contravention of these Regulations is an offence under section 124(3) of the Act. The penalty is a fine on summary conviction not exceeding level 5 on the standard scale (£5,000).

These Regulations were notified in draft to the European commission in accordance with Directive 98/34/EC, as amended by Directive 98/48/EC.