The Undersized Spider Crabs (Wales) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order prescribes a minimum size for the landing of male spider crabs (Maia squinado) in Wales (article 3(1)). There is an exemption from the minimum landing size for the landing of spider crabs from foreign fishing boats (article 3(2)). The taking of measures for the conservation and management of stocks under Article 46 of Council Regulation 850/98 is subject to a condition that the measures apply solely to the fishermen of the Member State concerned.

The Order also gives British sea-fishery officers further enforcement powers in relation to British fishing boats in the territorial sea adjacent to Wales (article 4).

Offences and penalties are prescribed respectively by section 1(7) and (8) and section 11 of the Sea Fish (Conservation) Act 1967, as amended by the Criminal Justice Act 1991 (c. 53).

This Order is made in reliance on Article 46.1 of Council Regulation (EC) No. 850/98 (OJ No. L125, 27.04.98, p.1), for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms, which authorises Member States to take certain national measures for the conservation and management of stocks.

A Regulatory Impact Assessment was prepared on a U.K. basis. Copies can be obtained from the Fisheries Branch, National Assembly for Wales, Cathays Park, Cardiff.