1998 No. 1276
The Razor Shells, Trough Shells and Carpet Shells (Specified Sea Area) (Prohibition of Fishing) Order 1998
Made
Laid before Parliament
Coming into force
The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fishing industry in Scotland, Wales and Northern Ireland, acting jointly, in exercise of the powers conferred on them by sections 5(1), 5A(1), 15(3) and 22(2)(a) of the Sea Fish (Conservation) Act 19671, and of all other powers enabling them in that behalf, hereby make the following Order:
Title and commencement1
This Order may be cited as the Razor Shells, Trough Shells and Carpet Shells (Specified Sea Area) (Prohibition of Fishing) Order 1998 and shall come into force on 23rd May 1998.
Prohibition2
Fishing for razor shells (Ensis spp.), trough shells (Spisula spp.) and carpet shells (Tapes spp.) by means of any type of dredge by any fishing boat within any part of the area specified in the Schedule to this Order is prohibited.
Powers of British sea-fishery officers in relation to fishing boats3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) and (3) below—
a
anywhere in relation to any British fishing boat registered in the United Kingdom; and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
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) above, 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 5(1) or (6) of the Sea Fish (Conservation) Act 19672 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 sub-paragraph (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 port.
Signed by authority of the Secretary of State for Wales
SCHEDULEArea in respect of which prohibition of fishing applies
The area of sea known as the Wash bounded by a line drawn from a point on the east coast of the county of Lincolnshire in 53°07'12" north latitude; thence in a south easterly direction to a point 53°03'38" north latitude 00°28'16" east longitude; thence in an easterly direction to a point 53°02'43" north latitude 01°07'38" east longitude; thence in a southerly direction to a point on the north coast of the county of Norfolk in 01°07'14" east longitude.
(This note is not part of the Order)