Amendment of the Lobsters and Crawfish (Prohibition of Fishing and Landing) Order 2000
2
1
The Lobsters and Crawfish (Prohibition of Fishing and Landing) Order 2000 is amended as follows.
2
In article 2 (interpretation)—
a
in paragraph (1)—
i
before the definition of “crawfish” insert—
- “berried” in relation to a lobster or crawfish, means a lobster or crawfish which is carrying eggs attached to its tail or some other exterior part, or which is in such a condition as to show that, at the time when it was taken, it was carrying eggs so attached;
;
ii
at the end of the definition of “mutilated” omit “and”;
iii
at the end of the definition of “V notch” for the full stop substitute “; and”; and
iv
after the definition of “V notch” insert—
- “Welsh zone” has the same meaning as it has by virtue of section 158(1) of the Government of Wales Act 2006 .
; and
b
in paragraph (2)—
i
in sub-paragraphs (a)(i) and (b) for “territorial sea adjacent to Wales” substitute “Welsh zone”; and
ii
in sub-paragraphs (c)(i) and (ii) after “mutilated” insert “or berried”.
3
After article 4 (landing prohibition) insert—

Berried lobsters and crawfish
4A
1
Fishing for a berried lobster or a berried crawfish by—
a
a relevant British fishing boat, or
b
a Scottish fishing boat
within relevant British fishery limits but not within the Northern Ireland zone is prohibited.
2
The landing in England of a berried lobster or a berried crawfish, wherever caught, from a relevant British fishing boat or a Scottish fishing boat is prohibited.
.
4
After article 5 (powers of British sea-fishery officers in relation to fishing boats) insert—

Review
6
1
The Secretary of State must from time to time—
a
carry out a review of the regulatory provision contained in this Order, and
b
publish a report setting out the conclusions of the review.
2
The first report must be published before 1st October 2022.
3
Subsequent reports must be published at intervals not exceeding 5 years.
4
Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this article must, in particular—
a
set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),
b
assess the extent to which those objectives are achieved,
c
assess whether those objectives remain appropriate, and
d
if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.
5
In this article, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).
.
S.I. 2000/874, which was revoked in relation to the area of the Welsh zone that lies beyond Wales by article 7(2) of S.I. 2015/2076 (W. 312). See article 2 of that Order for the definition of “Wales”.
2006 c.32. Section 158(1) was amended by section 43(2) of the Marine and Coastal Access Act 2009. See also S.I. 2010/760.
2015 c.26.