The Undersized Velvet Crabs Order 1989

Statutory Instruments

1989 No. 919

[F1 SEA FISHERIES

CONSERVATION OF SEA FISH

The Undersized Velvet Crabs Order 1989

Made

25th May 1989

Laid before Parliament

9th June 1989

Coming into force

1st July 1989

The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fishing industry in Scotland and Wales, acting jointly, in exercise of the powers conferred upon them by sections 1(1), (2) and (6) and 22(2) of the Sea Fish (Conservation) Act 1967((1)) and of all other powers enabling them in that behalf, and the said Minister, the said Secretaries of State and the Secretary of State concerned with the sea fishing industry in Northern Ireland, acting jointly, in exercise of the powers conferred upon them by sections 1(3), 15(3) and 22(2) of the said Act((2)) and of all other powers enabling them in that behalf, hereby make the following Order:

Textual Amendments

F1 Order revoked (W.) (1.2.2016) by The Specified Crustaceans (Prohibition on Fishing, Landing, Sale and Carriage) (Wales) Order 2015 (S.I. 2015/2076), arts. 1(1), 7(3) and (S.) (25.2.2018) by The Specified Crustaceans (Prohibition on Landing, Sale and Carriage) (Scotland) Order 2017 (S.S.I. 2017/455), arts. 1(1), 8(2)

Title, commencement and interpretation U.K.

1.— (1) This Order may be cited as the Undersized Velvet Crabs Order 1989 and shall come into force on 1st July 1989.

(2) In this Order—

“the Act” means the Sea Fish (Conservation) Act 1967;

“velvet crab” means crab of the species Liocarcinus puber;

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

[F2 “the English zone” means the sea within British fishery limits other than—

(a)

the Scottish zone,

(b)

the Northern Ireland zone, and

(c)

the Welsh zone;

“the Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998.]

Textual Amendments

F1 Order revoked (W.) (1.2.2016) by The Specified Crustaceans (Prohibition on Fishing, Landing, Sale and Carriage) (Wales) Order 2015 (S.I. 2015/2076), arts. 1(1), 7(3) and (S.) (25.2.2018) by The Specified Crustaceans (Prohibition on Landing, Sale and Carriage) (Scotland) Order 2017 (S.S.I. 2017/455), arts. 1(1), 8(2)

F2 Words in art. 1(2) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 2(2) (with s. 50, Sch. 4 para. 31)

Commencement Information

I1 Art. 1 in force at 1.7.1989, see art. 1(1)

Prescribed minimum size for landing velvet crabs and exemptions from landing prohibitions U.K.

2.— (1) [F3 Subject to paragraph (1A), for] the purposes of section 1(1) of the Act (which prohibits the landing in Great Britain of any sea fish of any description, being a fish of a smaller size than such size as may be prescribed in relation to sea fish of that description), there is hereby prescribed as the minimum size in relation to sea fish of the description of velvet crab a size of 65 mm.

[F4 (1A) For the purposes of section 1(1) of the Act, in relation to landing in the Outer Hebrides [F5 and the Orkney Islands], there is prescribed as the minimum size in relation to sea fish of the description of velvet crab a size of 70 millimetres.]

(2) Landing from foreign fishing boats [F6 of sea fish caught in waters lying outside British fishery limits] is exempted from the prohibition imposed by section 1(1) of the Act as read with [F7 paragraphs (1) and (1A)] of this article.

Textual Amendments

F1 Order revoked (W.) (1.2.2016) by The Specified Crustaceans (Prohibition on Fishing, Landing, Sale and Carriage) (Wales) Order 2015 (S.I. 2015/2076), arts. 1(1), 7(3) and (S.) (25.2.2018) by The Specified Crustaceans (Prohibition on Landing, Sale and Carriage) (Scotland) Order 2017 (S.S.I. 2017/455), arts. 1(1), 8(2)

F3 Words in art. 2(1) substituted (S.) (29.5.2015) by The Outer Hebrides (Landing of Crabs and Lobsters) Order 2015 (S.S.I. 2015/183), arts. 1, 3(2)(a)

F4 Art. 2(1A) inserted (S.) (29.5.2015) by The Outer Hebrides (Landing of Crabs and Lobsters) Order 2015 (S.S.I. 2015/183), arts. 1, 3(2)(b)

F5 Words in art. 2(1A) inserted (S.) (7.3.2016) by The Orkney Islands (Landing of Crabs and Lobsters) Order 2016 (S.S.I. 2016/50), arts. 1, 3(2)

F6 Words in art. 2(2) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 2(3) (with s. 50, Sch. 4 para. 31)

F7 Words in art. 2(2) substituted (S.) (29.5.2015) by The Outer Hebrides (Landing of Crabs and Lobsters) Order 2015 (S.S.I. 2015/183), arts. 1, 3(2)(c)

Commencement Information

I2 Art. 2 in force at 1.7.1989, see art. 1(1)

Prescribed minimum size for sale etc. of velvet crabs and exemptions from sale prohibitions U.K.

3.— (1) For the purposes of section 1(2) of the Act (which prohibits the sale, exposure or offer for sale or possession for the purpose of sale of any sea fish of any description, being a fish of a smaller size than such size as may be prescribed in relation to sea fish of that description), there is hereby prescribed as the minimum size in relation to sea fish of the description of velvet crab a size of 65 mm.

(2) The sale, exposure or offer for sale or possession for the purpose of sale of sea fish of the description of velvet crabs which are landed from foreign fishing boats [F8 and were caught in waters lying outside British fishery limits] is exempted from the prohibition imposed by section 1(2) of the Act as read with paragraph 1 of this article.

Textual Amendments

F1 Order revoked (W.) (1.2.2016) by The Specified Crustaceans (Prohibition on Fishing, Landing, Sale and Carriage) (Wales) Order 2015 (S.I. 2015/2076), arts. 1(1), 7(3) and (S.) (25.2.2018) by The Specified Crustaceans (Prohibition on Landing, Sale and Carriage) (Scotland) Order 2017 (S.S.I. 2017/455), arts. 1(1), 8(2)

F8 Words in art. 3(2) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 2(4) (with s. 50, Sch. 4 para. 31)

Commencement Information

I3 Art. 3 in force at 1.7.1989, see art. 1(1)

Prescribed minimum size for carriage of velvet crabs F9 ... U.K.

4.— [F10 (1)] For the purposes of section 1(3) of the Act (which prohibits the carriage on a [F11 relevant British vessel] of sea fish of any description which are of less than the minimum size prescribed in relation to sea fish of that description), there is hereby prescribed as the minimum size in relation to sea fish of the description of velvet crab a size of 65 mm.

[F12 (2) Paragraph (1) does not apply in relation to the Welsh zone.

(3) A Northern Ireland fishing boat is prohibited from carrying in the English zone velvet crab that are below the minimum size mentioned in sub-paragraph (1).

(4) A foreign vessel is prohibited from carrying in the English zone velvet crab that were caught in waters lying within British fishery limits and are below the minimum size mentioned in sub-paragraph (1).

(5) So far as it extends to Northern Ireland, this Article applies as if—

(a) references to a “relevant British vessel” were to a relevant British fishing boat;

(b) references to a “foreign vessel” were to a foreign fishing boat;

(c) references to a “Northern Ireland fishing boat” were to a Scottish fishing boat;

(d) references to “the English zone” were to the English zone or the Northern Ireland zone.

(6) Expressions used in this Article and in section 1 of the Act have the same meaning in this Article as they have in that section.]

Textual Amendments

F1 Order revoked (W.) (1.2.2016) by The Specified Crustaceans (Prohibition on Fishing, Landing, Sale and Carriage) (Wales) Order 2015 (S.I. 2015/2076), arts. 1(1), 7(3) and (S.) (25.2.2018) by The Specified Crustaceans (Prohibition on Landing, Sale and Carriage) (Scotland) Order 2017 (S.S.I. 2017/455), arts. 1(1), 8(2)

F9 Words in art. 4 heading omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 2(5)(a) (with s. 50, Sch. 4 para. 31)

F10 Art. 4 renumbered as art. 4(1) (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 2(5)(b) (with s. 50, Sch. 4 para. 31)

F11 Words in art. 4(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 2(5)(c) (with s. 50, Sch. 4 para. 31)

F12 Art. 4(2)-(6) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 2(5)(d) (with s. 50, Sch. 4 para. 31)

Commencement Information

I4 Art. 4 in force at 1.7.1989, see art. 1(1)

Powers of British sea-fishery officers in relation to fishing boats U.K.

5.— (1) For the purpose of the enforcement of section 1 of the Act and of this Order a British sea-fishery officer may exercise F13 ... the powers conferred by paragraphs (2) to (4) of this article [F14 —

(a) in relation to a relevant British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; and

(b) in relation to any other fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.]

(2) He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.

(3) He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular,

(a) may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;

(b) may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;

(c) for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 1 of the Act as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and

(d) where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;

but nothing in subparagraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.

(4) Where it appears to a British sea-fishery officer that an offence under section 1 of the Act as read with this Order has at any time been committed within [F15 relevant] British fishery limits, he may—

(a) require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and

(b) detain or require the master to detain the boat in the port;

and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.]

Textual Amendments

F1 Order revoked (W.) (1.2.2016) by The Specified Crustaceans (Prohibition on Fishing, Landing, Sale and Carriage) (Wales) Order 2015 (S.I. 2015/2076), arts. 1(1), 7(3) and (S.) (25.2.2018) by The Specified Crustaceans (Prohibition on Landing, Sale and Carriage) (Scotland) Order 2017 (S.S.I. 2017/455), arts. 1(1), 8(2)

F13 Words in art. 5(1) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 2(6)(a) (with s. 50, Sch. 4 para. 31)

F14 Art. 5(1)(a)(b) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 2(6)(b) (with s. 50, Sch. 4 para. 31)

F15 Word in art. 5(4) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 2(6)(c) (with s. 50, Sch. 4 para. 31)

Commencement Information

I5 Art. 5 in force at 1.7.1989, see art. 1(1)

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th May 1989.

John MacGregor

Minister of Agriculture, Fisheries and Food

Sanderson of Bowden

Minister of State, Scottish Office

15th May 1989

Peter Walker

Secretary of State for Wales

17th May 1989

Tom King

Secretary of State for Northern Ireland

18th May 1989

Explanatory Note

(This note is not part of the Order)

This Order, which applies to Great Britain, prescribes a minimum size for the landing of velvet crabs. There is an exemption from the minimum landing size for the landing of crabs from foreign fishing boats.

The Order also prescribes a minimum size for the sale of velvet crabs and for the carriage of velvet crabs on a British fishing boat. There is an exemption from the minimum sale size for velvet crabs which are landed from foreign fishing boats.

The Order gives British sea-fishery officers further enforcement powers in relation to fishing boats. They already have powers under section 15(2) of the Sea Fish (Conservation) Act 1967 to seize any fish in respect of which an offence has been or is being committed under section 1(3) of that Act.

(1)

1967 c. 84; section 1 was substituted by the Fisheries Act 1981 (c. 29), section 19(1); section 22(2), which contains a definition of “the Ministers” relevant to the exercise of the statutory powers under which this Order is made, was amended by the Fisheries Act 1981, sections 19(2) and 45.

(2)

Section 15(3) was substituted by the Sea Fisheries Act 1968 (c. 77), Schedule 1, paragraph 38(3), and amended by the Fishery Limits Act 1976 (c. 86), Schedule 2, paragraph 16(1).