The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000

Interpretation

2.—(1) In this Order–

“the Act” means the Sea Fish (Conservation) Act 1967;

“the Council Regulation” means Council Regulation (EC) No. 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms(1) as corrected by Corrigendum to Annex XII of the Council Regulation(2) and amended by Council Regulation (EC) No. 308/1999(3) and Council Regulation (EC) No. 1259/99(4);

“beam trawler” means a fishing boat which, in so far as it carries or uses nets, carries or uses only nets which are designed to be towed along the sea-bed and which have their mouth extended by a beam, bar or other rigid device;

“codend” means the rearmost part of a net, being made up of one or more panels (pieces of netting) of the same mesh size attached to one another along their sides in the long axis of the net by a lacing;

“equivalent Order” means an Order extending to any other part of the United Kingdom made under section 3 of the Act pursuant to Article 46 of the Council Regulation in so far as it contains requirements as regards square mesh panels to be incorporated or twine thickness to be used in the construction of nets;

“extension piece” means extension piece located immediately in front of the codend and excludes any tapered part of the net;

“ICES” followed by a roman numeral with or without a letter shall be construed as a reference to whichever of the statistical sub-areas and divisions of the International Council for the Exploration of the Sea(5) described in the Schedule is identified therein by that roman numeral or that roman numeral and letter as the case may be; and

“net” means a trawl, Danish seine or similar towed net.

(2) Expressions used in this Order which appear or are referred to in the Council Regulation and which are notdefined in this article have the same meaning in this Order as in that Regulation.

(3) Any reference in this Order to a numbered article shall be construed as a reference to the article so numbered in this Order and any reference to the Schedule as a reference to the Schedule to this Order.

(4) For the purposes of this Order a net shall be deemed to have been carried in a boat for the purpose of fishing for Norway lobsters (Nephrops norvegicus) and a boat shall be deemed to have been fishing for Norway lobsters if the catch retained on board that boat includes–

(a) in the case of a 70 to 79 millimetre net, 35% by weight Norway lobsters and other marine organisms identified in Annex 1 to the Council Regulation as target species for a net of that size; and

(b) in the case of an 80 to 99 millimetre net, 30% by weight Norway lobsters and other marine organisms identified in Annex 1 to the Council Regulation as target species for a net of that size.

(5) Where detached Norway lobster tails are retained on board a boat, the equivalent weight of the whole Norway lobsters shall be taken into account for the purpose of paragraph (4), and that equivalent weight shall be obtained by multiplying the weight of the tails by 3.

(1)

O.J. No. L 125, 27.4.98, p.1.

(2)

O.J. No. L 318, 27.11.98, p.63.

(3)

O.J. No. L 38, 12.2.99, p.6.

(4)

O.J. No. L 168, 3.7.99, p.1.

(5)

Cmnd. 2586.