The Prohibition of Fishing with Multiple Trawls Order 2001

[F1 Interpretation E+W+N.I.

2.— (1) In this Order—

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

“the Council Regulation” means Council Regulation (EC) No. 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms(1) [F2 as last amended by Regulation (EU) 2015/812 ];

“the Fladen area” means the waters of the Scottish zone bounded by a line beginning from a point on the north coast of Scotland at 04° 00' west longitude; thence due north to a point on the outer limit of the Scottish zone; thence in a north easterly direction along that outer limit to 62° 30' north latitude; thence due east to a point on the outer limit of the Scottish zone; thence in a south easterly direction along that outer limit to 57° 30' north latitude; thence due west to a point on the east coast of Scotland; and thence in a northerly and westerly direction following that coast to the point of beginning;

“beam trawler” means a fishing boat which, in so far as it carries or uses nets, carries or uses only nets which are designed to be towed along the sea-bed and which have their mouth extended by a beam, bar or other rigid device;

“equivalent Order” means an Order extending to Scotland or having effect in relation to Wales, made under section 5 of the Act pursuant to Article 46 of the Council Regulation which prohibits fishing by any trawl other than a single trawl;

“ICES” followed by a roman numeral with or without a letter shall be construed as a reference to whichever of the statistical sub-areas and divisions of the International Council for the Exploration of the Sea(2) described in the Schedule to this Order is identified therein by the roman numeral or that roman numeral and letter as the case may be;

“net” means a trawl, Danish Seine or similar towed net; and

“single trawl” means a single net towed by a two warp rig in which the net has a single bosom groundrope (the bosom being the central portion of the trawl between the lower wings), where the groundrope is attached to the towing rig at each wing-end only and does not have any further attachment, including bridles, wires or ropes, connecting it to the said towing rig;

any other expression used in the Council Regulation has the same meaning in this Order as in that Regulation.

(2) In this Order—

(a) the term “within relevant British fishery limits” does not include—

(i) the territorial sea adjacent to Wales;

(ii) the territorial sea adjacent to the Isle of Man;

(iii) the territorial sea adjacent to the Bailiwick of Jersey; and

(iv) seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976(3);

(b) any reference to any relevant British fishing boat “wherever it may be” does not include such a fishing boat while in the territorial sea adjacent to Wales.]

Textual Amendments

F1 Order revoked (E.W.) (7.7.2003) by The Prohibition of Fishing with Multiple Trawls Order 2003 (S.I. 2003/1559), arts. 1, 5

F2 Words in art. 2(1) substituted (N.I.) (24.12.2018) by The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/200), reg. 1(1), Sch. 4 para. 2

Commencement Information

I1 Art. 2 in force at 2.4.2001, see art. 1(1)

(1)

OJ No. L125, 27.4.98, p.1.

(2)

Cmnd. 2586.

(3)

1976 c. 86; as modified by paragraph 3(c) of the Schedule to the Fishery Limits Act 1976 (Guernsey) Order 1989 (S.I. 1989/2407).