The Specified Crustaceans (Prohibition on Landing, Sale and Carriage) (Scotland) Order 2017

Prohibitions on landing, sale, exposure or offer for sale or possession, or carriage of velvet crabs S

4.—(1) For the purposes of section 1(1) of the Act (which prohibits the landing in Scotland of any sea fish of any description, which does not meet such requirements as to size as may be prescribed in relation to sea fish of that description), there is prescribed as the minimum size in relation to sea fish of the description of velvet crab a size of 70 millimetres.

(2) For the purposes of section 1(2) of the Act (which prohibits in Scotland the sale, exposure or offer for sale or possession for the purpose of sale of any sea fish of any description, which does not meet such requirements as to size as may be prescribed in relation to sea fish of that description), there is prescribed as the minimum size in relation to sea fish of the description of velvet crab a size of 70 millimetres.

(3) For the purposes of section 1(3B) of the Act (which prohibits the carriage on specified fishing boats of any sea fish of any description, which does not meet such requirements as to size as may be prescribed in relation to sea fish of that description) there is prescribed as the minimum size in relation to sea fish of the description of velvet crab a size of 70 millimetres.

(4) It is prohibited for a relevant British fishing boat within the Scottish zone [F1 , or a foreign fishing boat within the Scottish zone,] to carry any velvet crab with a size of less than 70 millimetres.

(5) The landing in Scotland of any berried velvet crab, caught in the territorial sea of the United Kingdom adjacent to Scotland, is prohibited.

[F2 (6) The prohibitions imposed by—

(a) section 1(1) of the Act, as read with paragraph (1), and

(b) paragraphs (4) and (5),

do not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.

(7) The prohibition imposed by section 1(2) of the Act, as read with paragraph (2), does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.]

(8) In this article—

“berried velvet crab” means a female velvet crab which is bearing eggs;

“size” in relation to a velvet crab, means the width of the carapace measured across the broadest part, excluding spines, of the back, as shown in schedule 2;

“the territorial sea of the United Kingdom adjacent to Scotland” means waters which are treated as the territorial sea of the United Kingdom adjacent to Scotland, within the boundaries described in article 3 and schedule 1 of the Scottish Adjacent Waters Boundaries Order 1999 M1 ; and

“velvet crab” means crab of the species Necora puber.

Textual Amendments

F1 Words in art. 4(4) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 29(4)(a) (with s. 50, Sch. 4 para. 31)

F2 Art. 4(6)(7) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 29(4)(b) (with s. 50, Sch. 4 para. 31)

Marginal Citations

M1 S.I. 1999/1126.