The Solent European Marine Site (Prohibition of Method of Dredging) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order prohibits the deployment of dredges (as defined in article 2(1)) in the Solent European Marine Site (article 3) which is specified in the Schedule. The areas to be protected from dredging enclose a combination of Special Areas of Conservation and Special Protection Areas established under Council Directives 92/43/EEC and 79/409/EEC respectively(1). The carriage of such dredges within the Solent European Marine Site is also prohibited unless all parts of the dredge are completely inboard, secured and stowed (article 4).

The Order comes into force on 21st October 2004.

If any boat contravenes any restriction under this Order, the master, owner and charterer is guilty of an offence and is liable to a fine not exceeding £5,000 on summary conviction and on conviction on indictment to a fine (sections 3(5) and 11(1)(b) of the Sea Fish (Conservation) Act 1967). The court may also impose an additional fine not exceeding the value of the fish caught with the dredge or order the dredge’s forfeiture (section 11(2)–(3) of the 1967 Act).

Additionally the Order confers powers of enforcement on British sea fishery officers for the purposes of enforcing this Order. These powers may be exercised in relation to any fishing boat within relevant British fishery limits, and in relation to a relevant British fishing boat wherever it may be (article 5).

Powers to board vessels and to search for, examine and seize fishing gear for the enforcement of this Order are conferred on an officer of a local fisheries committee by virtue of section 17 of the 1967 Act.

(1)

OJ L206 22/07/92 p 0007-0050 and OJ L103 25/04/79 p 0001-0018 respectively.