The Undersized Edible Crabs (Scotland) Order 2000

Explanatory Note

(This note is not part of the Order)

This Order prescribes minimum sizes for the landing in Scotland of edible crabs (Cancer pagurus) in certain areas in Scotland (article 3(1)). There is an exemption from the minimum landing size for the landing of edible crabs from foreign fishing boats (article 3(2)). Minimum sizes for the landing of edible crabs in all other areas of Scotland are prescribed by article 19.1 of Council Regulation (EC) No. 850/98 (O.J. No. L125, 27.4.1998; p.1) for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (“the Council Regulation”).

The Order also gives British sea-fishery officers further enforcement powers in relation to Scottish fishing boats wherever they may be and any relevant British fishing boat within the Scottish zone, but it does so only as a matter of Scots law. They already have powers under section 16(1) of the Sea Fish (Conservation) Act 1967 (“the 1967 Act”), as amended by the Fisheries Act 1981, to seize any fish in respect of which an offence has been or is being committed under section 1(1) of the 1967 Act.

Offences and penalties are prescribed respectively by sections 1(7) and section 11 of the 1967 Act.

This Order revokes the Undersized Crabs Order 1986 and the Undersized Crabs (Variation) Order 1989 in relation to Scotland only.

This Order is made in reliance on Article 46 of the Council Regulation which authorises Member States to take certain national measures for the conservation and management of local stocks.

A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from SERAD, Sea Fisheries Division, Room 518, Pentland House, Robb’s Loan, Edinburgh EH14 1TY.