The Lobsters and Crawfish (Prohibition of Fishing and Landing) (Scotland) Order 1999

Scottish Statutory Instruments

1999 No. 88

SEA FISHERIES

CONSERVATION OF SEA FISH

The Lobsters and Crawfish (Prohibition of Fishing and Landing) (Scotland) Order 1999

Made

30th September 1999

Laid before the Scottish Parliament

1st October 1999

Coming into force

8th November 1999

The Scottish Ministers, in exercise of the powers conferred on them by sections 5(1), 6(1) and 15(3) of the Sea Fish (Conservation) Act 1967(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and extent

1.—(1) This Order may be cited as the Lobsters and Crawfish (Prohibition of Fishing and Landing) (Scotland) Order 1999 and shall come into force on8th November 1999.

(2) This Order extends to Scotland only.

Interpretation

2.  In this Order—

“crawfish” means crawfish of the species Palinurus elephas and Palinurus mauritanicus;

“flap” in relation to the tail of a lobster or crawfish, means any part of the central three flaps of the tail fan of the lobster or crawfish including the telson with anus and left and right uropod immediately adjacent to the telson;

“lobster” means lobster of the species Homarus gammarus;

“mutilated” in relation to a lobster or crawfish, means a lobster or crawfish which has been mutilated in such a manner as to obscure a V notch; and

“V notch” means a marking in the shape of the letter “V” with a depth of at least 5mm cut into at least one of the inner uropods of the tail fan of any lobster or crawfish, with the apex of the letter “V” positioned inward from the edge of the flap.

Fishing prohibition

3.—(1) This article applies to fishing for—

(a) a mutilated lobster

(b) a mutilated crawfish, or

(c) any lobster or crawfish bearing a V notch.

(2) Fishing to which this article applies by a relevant British fishing boat anywhere within the Scottish zone is prohibited.

(3) Fishing to which this article applies by a Scottish fishing boat within the Scottish zone or anywhere outside that zone is prohibited.

Landing prohibition

4.—(1) This article applies to—

(a) a mutilated lobster,

(b) a mutilated crawfish, or

(c) any lobster or crawfish bearing a V notch.

(2) The landing in Scotland of any seafish to which this article applies whether caught within the Scottish zone or anywhere outside that zone is prohibited.

(3) The prohibition in paragraph (2) applies only to landings from a Scottish fishing boat or a relevant British fishing boat.

Powers of British sea-fishery officers in relation to fishing boats

5.—(1) For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below—

(a) anywhere in relation to any Scottish fishing boat; and

(b) in any waters adjacent to the United Kingdom and within the Scottish zone in relation to any relevant British fishing boat.

(2) He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.

(3) He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular—

(a) may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;

(b) may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;

(c) for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) or 6(5) or (5A) of the Sea Fish (Conservation) Act 1967(2) as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and

(d) where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;

but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.

(4) Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits he may—

(a) require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and

(b) detain or require the master to detain the boat in the port;

and where such an officer detains or requires the detention of a boat he shall serve on the master notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.

JOHN HOME ROBERTSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

30th September 1999

Explanatory Note

(This note is not part of the Order)

This Order prohibits fishing for, and landing of, lobsters and crawfish bearing a V notch or mutilated in such a manner as to obscure a V notch (articles 3 and 4).By virtue of sections 5(1) and 6(5) respectively of the Sea Fish (Conservation) Act 1967 (c. 84) it is an offence to fish for or land such lobsters or crawfish in contravention of this Order.Section 5(6) of that Act provides that any fish caught in contravention of the Order shall be returned to the sea forthwith.Section 5(7) provides that where subsection (6) is not complied with the master, the owner and the charterer (if any) of the fishing boat shall each be guilty of an offence.

The Order also confers upon British sea-fishery officers powers necessary for the enforcement of the Order (article 5).

(1)

1967 c. 84; section 5(1) was substituted by the Sea Fisheries Act 1981 (“the 1981 Act”) (c.29) section 22(1); section 6(1) was amended by virtue of S.I. 1970/1537, Schedule 2, paragraph 10 and S.I. 1974/692 articles 2(1) and 5(3), Schedule 1 part III; section 6(1A) was inserted by the 1981 Act, section 23(2); sections 5(1) and 6 were modified in their effect by section 33(1) of the 1981 Act; section 15(3) was substituted by the Sea Fisheries Act 1968 (c. 77), Schedule 1, paragraph 38(3) and amended by the Fishery Limits Act 1976 (c. 86), Schedule 2, paragraph 16(1).The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).The obligation to consult the Secretary of State for Trade was disapplied by section 55 of the Scotland Act 1986 (c. 46).Relevant modifications are contained in the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), articles 3 to 6.Sections 15(3) and 6(1) were amended by the Scotland Act (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) (“the 1999 Order”), Schedule 2, paragraph 43(2) and (6) respectively.Sections 5(1), 6(1) and 15(3) have effect in relation to Scotland as modified by section 22A of the Sea Fish (Conservation) Act 1967 as inserted by Schedule 2, paragraph 43(13) of the 1999 Order.

(2)

Section 5(6) was amended by the Fisheries Act 1981 (c. 29), section 22(2).Section 6(5) was amended and section 6(5A) was inserted by section 23(3) of that Act.By virtue of section 5(7) of the 1967 Act where section 5(6) is not complied with in the case of any fishing boat, the master, the owner and the charterer (if any) are guilty of an offence under subsection (6).