(This note is not part of the Order)
This Order regulates the carriage of certain nets and other fishing gear. The Order is made pursuant to Article 46 of Council Regulation (EEC) No. 850/98 of 30th March 1998 for the Conservation of Fishery resources through technical measures for the protection of juveniles of marine organisms (O.J. No. L 125, 27.4.98, p.1). The Order forms part of the law of Scotland only.
The Order applies to nets carried or used by Scottish fishing boats and relevant British fishing boats in certain specified areas (article 3(1)). Nets carried or used by beam trawlers and nets which are lashed and stowed so that they may not readily be used are excepted from the requirements of the Order (article 3(2)).
The Order requires that–
(a) a square mesh panel complying with specified conditions be incorporated in nets of certain mesh sizes carried in, or used by Scottish fishing boats and relevant British fishing boats in the specified areas (article 4);
(b) in the case of multiple twine netting in the codend, extension piece or square mesh panel of any net to which the Order applies, the sum of the thicknesses of the multiple twines on any side of any mesh do not exceed 10 millimetres (article 5(1)); and
(c) in the case of any net to which the Order applies and which is carried or used for the purpose of fishing for Norway lobsters, any square mesh panel is constructed of single twine that does not exceed 4 millimetres (article 5(2)).
The Order gives certain enforcement powers to British sea fishery officers (article 6).
The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 1991 (S.I. 1991/1380) and the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Variation) Order 1992 (S.I. 1992/1344) are revoked (article 7).
Offences and penalties are prescribed respectively by sections 3(5) and 11 of the Sea Fish (Conservation) Act 1967, as amended by section 24(1) of the Fisheries Act 1981.