The Shrimp Fishing Nets (Wales) Order 2008

Explanatory Note

(This note is not part of the Order)

This Order regulates the carriage and use of any fishing nets with mesh size between 16 and 31 millimetres, measured in accordance with Commission Regulation (EC) No. 129/2003 of 24 January 2003 laying down detailed rules for determining the mesh size and thickness of twine of fishing nets. This Order sets out the national provisions called for by Article 25 of Council Regulation (EC) No. 850/98 of 30 March 1998, by specifying veil nets and sorting grids as the types of device required to be used.

The Order applies to British fishing boats in Wales and prohibits them from carrying or using such nets other than in certain specified circumstances (article 3).

The specified exceptions are where defined attachments are fitted to the net (article 3(1)(a) and (b)), where no sea fish have been caught (article 3(1)(c)) or where any sea fish retained on board are retained in accordance with Article 25(3) of Council Regulation (EC) No. 850/98 (article 3(1)(d)).

If any boat breaches this prohibition, 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 net or order the net’s forfeiture (section 11(2) and (3) of the 1967 Act).

Additionally the Order confers powers of enforcement on British sea-fishery officers for the purposes of enforcing this Order or any equivalent Order (article 4).

The Order revokes the Shrimp Fishing Nets (Wales) Order 2003 (article 5).

No regulatory impact assessment has been prepared in relation to this Order.