(This note is not part of the Order)
This Order revokes and re-enacts with amendments the Norway Lobsters (Prohibition of Method of Fishing) Order 1993 (S.I.1993/1887) in relation to Wales.
The Order prohibits fishing with any trawl other than a single trawl, save in specified circumstances. The prohibition in the 1993 Order related only to fishing for Norway lobsters. The prohibition in this Order is not so confined. The prohibition applies to a British fishing boat in Welsh waters (article 3(1)). The Order introduces a definition of “single trawl” (article 2(1)). The prohibition does not apply to beam trawlers or to fishing with a trawl having a specified mesh size of not less than 80 millimetres (article 3(2)).
British Sea fishery officers are given certain powers for the purpose of the enforcement of the Order (article 4).
Offences are prescribed by sections 5(1) and (6) of the Sea Fish (Conservation) Act 1967 (c. 84) and penalties by section 11 of that Act, as amended by section 24(1) of the Fisheries Act 1981 (c. 29).
This Order is made in reliance on Article 46 of the Council Regulation (EC) 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (O.J. No. L125, 27.4.98, p.1.), which authorises a Member State to take certain national measures for the conservation and management of stocks, provided such measures apply solely to the fishermen of that Member State.
A Regulatory Appraisal has been prepared and placed in the library of the National Assembly. Copies can be obtained from the Fisheries Branch, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.