(This note is not part of the Order)
This Order specifies the size and dimension of scallop dredges allowed to be carried and used by British fishing boats (article 3) and restricts the number of scallop dredges that can be towed at any one time by British fishing boats in waters adjacent to England out to a line drawn 12 nautical miles from baselines (article 4).
The Order fixes the minimum size of scallop which may be carried by British fishing boats in certain areas and the method to be used to measure scallops (article 5).
Offences for breach of this Order are contained in sections 1(8) and 3(5) of the Sea Fish (Conservation) Act 1967 (c. 84) (“the Act”). Penalties, which are in section 11 of the Act, include a fine not exceeding £50,000 on summary conviction and a fine on conviction on indictment. The court may impose an additional fine not exceeding the value of fish caught in contravention of the Act or caught with fishing gear that contravened the Act. The court may also order the forfeiture of that fish or fishing gear.
For the purposes of enforcing this Order, a British sea-fishery officer has the powers conferred by section 15 of the Act and by Part 8 of the Marine and Coastal Access Act 2009 (c. 23).
The provisions contained in article 3 of this Order were notified in draft to the European Commission in accordance with the requirements of Article 8 of Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (OJ No L 204, 21.7.1998, p.37), as last amended by Council Directive 2006/96/EC (OJ No L 363, 20.12.2006, p.81).
A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available on the Defra website at www.defra.gov.uk and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.