(This note is not part of the Order)
This Order regulates the carriage and use of any fishing nets within mesh size between 16 and 31 millimetres, measured in accordance with Commission Regulation (EC) No. 129/2003 laying down detailed rules for determining the mesh size and thickness of twine of fishing nets (O.J. No. L 22, 25.1.03, p.5). The Order implements Article 25 (on the use of veil nets and sorting grids in shrimp fisheries) of Council Regulation (EC) No. 850/98 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 applies to a Scottish fishing boat wherever it may be and to relevant British fishing boats in the Scottish Zone.
The Order prohibits such fishing boats from carrying or using such nets other than in specified circumstances (article 3).
The specified exceptions are where defined attachments are fitted to the net (article 3(2)(a) and (b)), where no sea fish have been retained on board (article 3(2)(c)) or where less than 60% by live weight of the total catch retained comprises common shrimps, Aesop shrimps or a combination of the two and any sea fish retained on board the boat are retained in accordance with Article 25 of Council Regulation 850/98 (article 3(2)(d)).
If the prohibition in the Order is contravened in the case of any fishing boat, the master, the owner and the charterer are each guilty of an offence and liable on summary conviction to a fine not exceeding £5000 and on conviction on indictment to a fine (sections 3(5) and 11(1)(b) of the Sea Fish (Conservation) Act 1967 (c. 84)). The court may also impose an additional fine not exceeding the value of the fish caught with the net or order the forfeiture of the net (section 11(2)(b) and (3) of that Act).
The Order confers powers of enforcement on British sea-fisheries officers for the purposes of enforcing the Order or any equivalent Order (article 4).
A Regulatory Impact Assessment has been prepared for this Order. Copies can be obtained from the Scottish Executive Environment and Rural Affairs Department, Sea Fisheries Division, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY.