Title, commencement and application1.
(1)
The title of this Order is the Specified Crustaceans (Prohibition on Fishing, Landing, Sale and Carriage) (Wales) Order 2015 and it comes into force on 1 February 2016.
(2)
Subject to paragraph (3), this Order applies in relation to Wales.
(3)
Articles 3(f), (g), (h) and (i) and 6(1)(f) apply in relation to Wales and the Welsh zone.
Interpretation2.
In this Order—
F1...
“crawfish” (“cimwch coch”) means crawfish of the species Palinurus elephas and Palinurus mauritanicus;
“edible crab” (“cranc coch”) means crab of the species Cancer pagurus;
F1...
“green crab” (“cranc gwyrdd”) means crab of the species Carcinus maenas;
“lobster” (“cimwch”) means lobster of the species Homarus gammarus;
“mutilated” (“wedi ei lurgunio”) in relation to a lobster or crawfish, means a lobster or crawfish which is mutilated in such a manner as to obscure a V notch;
“size” (“maint”) means—
(a)
in relation to a crawfish, the length of the carapace, along the midline, from the tip of the central rostral spine to the distal edge of the carapace, as shown in Diagram 1 in the Schedule to this Order,
(b)
in relation to an edible crab, the width of the carapace measured across the broadest part of the back, as shown in Diagram 2 in the Schedule to this Order,
(c)
in relation to a lobster, the length of the carapace, measured parallel to the mid-line from the back of either eye socket to the distal edge of the carapace, as shown in Diagram 3 in the Schedule to this Order,
(d)
in relation to a spider crab, the length of the carapace, along the midline, from the edge of the carapace between the rostrums to the posterior edge of the carapace, as shown in Diagram 4 in the Schedule to this Order, and
(e)
in relation to a velvet crab, the width of the carapace measured across the broadest part, excluding spines, of the back, as shown in Diagram 2 in the Schedule to this Order;
“spider crab” (“cranc heglog”) means crab of the species Maia spp;
“velvet crab” (“cranc llygatgoch”) means crab of the species Necora puber;
“V notch” (“hollt v”) means a marking in the shape of a letter “V” cut into at least one of the five flaps of the tail of any lobster or crawfish, with the apex of the letter “V” positioned inward from the edge of the flap;
Fishing prohibition for specified crawfish, lobster, edible crab, spider crab and velvet crab3.
(1)
Fishing for—
(a)
crawfish with a size of less than 110 millimetres;
(b)
lobster with a size of less than 90 millimetres;
(c)
edible crab with a size of less than 140 millimetres;
(d)
female spider crab with a size of less than 120 millimetres;
(e)
male spider crab with a size of less than 130 millimetres;
(f)
velvet crab with a size of less than 65 millimetres;
(g)
a mutilated crawfish;
(h)
a mutilated lobster; or
(i)
any crawfish or lobster bearing a V notch, is prohibited.
F2(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prohibitions on landing of specified crawfish, lobster, edible crab, green crab, spider crab and velvet crab4.
(1)
For the purposes of section 1(1) of the Act (which prohibits the landing of any sea fish of any description which does not meet the requirements as to size as may be prescribed in relation to sea fish of that description), it is prescribed that the minimum size for—
(a)
crawfish, is 110 millimetres;
(b)
lobster, is 90 millimetres;
(c)
edible crab, is 140 millimetres;
(d)
female spider crab, is 120 millimetres;
(e)
male spider crab, is 130 millimetres; and
(f)
velvet crab, is 65 millimetres.
F3(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
The landing of any—
(a)
mutilated crawfish;
(b)
mutilated lobster;
(c)
crawfish or lobster bearing a V notch; or
(d)
claw or other detached part of any edible crab, green crab, spider crab or velvet crab,
wherever caught, is prohibited.
F4(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prohibitions on sale, exposure or offer for sale or possession of specified crawfish, lobster, edible crab, spider crab and velvet crab5.
(1)
For the purposes of section 1(2) of the Act (which prohibits the sale, exposure or offer for sale or possession for the purpose of sale of any sea fish of any description which does not meet the requirements as to size as may be prescribed in relation to sea fish of that description), it is prescribed that the minimum size for—
(a)
crawfish, is 110 millimetres;
(b)
lobster, is 90 millimetres;
(c)
edible crab, is 140 millimetres;
(d)
female spider crab, is 120 millimetres;
(e)
male spider crab, is 130 millimetres; and
(f)
velvet crab, is 65 millimetres.
F5(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
The sale, exposure or offer for sale of any—
(a)
mutilated crawfish;
(b)
mutilated lobster;
(c)
crawfish or lobster bearing a V notch; or
(d)
claw or other detached part of any edible crab, green crab, spider crab or velvet crab,
wherever caught, is prohibited.
F6(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prohibitions on carriage of specified crawfish, lobster, edible crab, green crab, spider crab and velvet crab F7...6.
(1)
For the purposes of section 1(3) of the Act (which prohibits the carriage on specified fishing boats of any sea fish of any description which does not meet the requirements as to size prescribed in relation to sea fish of that description), it is prohibited for a F8fishing boat to carry any—
(a)
crawfish with a size of less than 110 millimetres;
(b)
lobster with a size of less than 90 millimetres;
(c)
edible crab with a size of less than 140 millimetres;
(d)
female spider crab with a size of less than 120 millimetres;
(e)
male spider crab with a size of less than 130 millimetres; and
(f)
velvet crab with a size of less than 65 millimetres.
(2)
The carriage on a F9fishing boat in Wales of—
(a)
a mutilated crawfish;
(b)
a mutilated lobster;
(c)
any crawfish or lobster bearing a V notch;
(d)
a claw or any other detached part of an edible crab, a green crab, a spider crab or a velvet crab,
wherever caught, is prohibited.
Revocations and consequential amendments7.
(1)
The following Orders are revoked in relation to Wales—
(a)
(b)
(c)
(d)
(e)
(2)
(3)
(4)
(a)
(b)
(c)
(d)
(e)
(5)
(a)
(b)
(6)
(a)
in the Table in Schedule 3, delete the rows relating to Byelaws 3, 5, 6, 7 and 46; and
(b)
in the Table in Schedule 4, delete the rows relating to Byelaws 29 and 31.