Fisheries Act 2020

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

29 (1) The Specified Crustaceans (Prohibition on Landing, Sale and Carriage) (Scotland) Order 2017 (S.S.I. 2017/455) is amended as follows.

(2) In article 2 (interpretation), omit the definition of “foreign fishing boat”.

(3) In article 3 (prescribed minimum size for landing edible crabs in Scotland), for paragraph (2) substitute—

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

(4) In article 4 (prohibitions on landing, sale, exposure or offer for sale or possession, or carriage of velvet crabs)—

(a) in paragraph (4), after “Scottish zone” insert “, or a foreign fishing boat within the Scottish zone,”;

(b) for paragraphs (6) and (7) substitute—

“(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.”

(5) In article 5 (prescribed minimum size for landing spider crabs in Scotland), for paragraph (2) substitute—

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

(6) In article 6 (prescribed minimum size for landing green crabs in the Orkney Islands), for paragraph (2) substitute—

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

(7) In article 7 (prohibitions on landing, sale, exposure or offer for sale or possession, or carriage of lobsters)—

(a) in paragraph (10), after “Scottish zone” insert “, or a foreign fishing boat within the Scottish zone,”;

(b) for paragraphs (12) and (13) substitute—

“(12) The prohibitions imposed by—

(a) section 1(1) of the Act, as read with paragraphs (1) to (7), and

(b) paragraph (10),

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

(13) The prohibition imposed by section 1(2) of the Act, as read with paragraph (8), does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.”