The Specified Crustaceans (Prohibition on Fishing, Landing, Sale and Carriage) (Wales) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision regarding fishing for, landing, sale, exposure or offer for sale, possession for the purposes of sale and carriage of specified crustaceans in Wales and the Welsh zone.

This Order revokes, replaces and remakes with amendments the provisions of the Undersized Crabs Order 1986 (S.I. 1986/497), the Undersized Velvet Crabs Order 1989 (S.I. 1989/919), the Undersized Crabs (Variation) Order 1989 (S.I. 1989/2443), the Undersized Lobsters Order 1993 (S.I. 1993/1178), the Lobster and Crawfish (Prohibition of Fishing and Landing) Order 2000 (S.I. 2000/874), the Lobster and Crawfish (Prohibition of Fishing and Landing) (Wales) Order 2002 (S.I. 2002/676 (W. 73)) and the Undersized Spider Crabs (Wales) Order 2002 (S.I. 2002/1897 (W. 198)). Paragraphs (1) to (3) of article 7 of this Order make the necessary revocations.

The provisions of the subordinate legislation mentioned above which provide enforcement powers for British sea-fishery officers are not replicated in this Order because the enforcement of the provisions consolidated in this Order is now undertaken by Marine Enforcement Officers (pursuant to powers found in Part 8 of the Marine and Coastal Access Act 2009 (c. 23)) and not by British sea-fishery officers.

The Order also revokes, replaces and remakes with amendments Byelaws 3 (Lobster – Minimum size), 5 (Protection of V-Notched Lobsters), 6 (Crabs – Minimum size), 7 (Crawfish – Minimum size) and 46 (Parts of Crustacean Shellfish) of the former South Wales Sea Fisheries Committee (“SWSFC”) and Byelaws 29 (Minimum size of Lobster) and 31 (Protection of V-Notched Lobsters) of the former North Western and North Wales Sea Fisheries Committee (“NWNWSFC”). Paragraphs (4) and (5) of article 7 of this Order make the necessary revocations. Various parts of Byelaw 19 (Specified Fish Sizes) of the former NWNWSFC are also remade in this Order and consequential amendments are made to that Byelaw (article 7(7)).

The SWSFC and the NWNWSFC were abolished, in relation to Wales, on 1 April 2010 when the Sea Fisheries Regulation Act 1966 (c. 38) was repealed by section 187 of the Marine and Coastal Access Act 2009 (c. 23). Since 1 April 2010, the Byelaws mentioned above have had effect as if made by the Welsh Ministers in a statutory instrument by virtue of paragraphs (1) and (3) of article 13 of and Schedules 3 and 4 to the Marine and Coastal Access Act 2009 (Commencement No. 1, Consequential, Transitional and Savings Provisions) (England and Wales) Order 2010 (S.I. 2010/630 (C. 42)). Article 7(6) of this Order makes the necessary consequential amendments to the 2010 Order.

Article 3(1) of this Order prohibits fishing for crawfish, lobster, edible crab and spider crab under specified minimum sizes in Wales. It further prohibits fishing in Wales and the Welsh zone for velvet crabs under a specified minimum size and any crawfish or lobster which bears a V notch or any crawfish or lobster which has been mutilated in a way which could obscure a V notch. Foreign vessels are exempt from the fishing prohibition imposed by article 3(1) (article 3(2)).

From time to time voluntary schemes are observed pursuant to which fishermen cut a V shaped notch into the tail of a certain lobster or crawfish before returning the relevant animal to the sea. These animals are often berried females or animals slightly below the minimum landing size. Article 3(1)(g), (h) and (i) of this Order will provide those animals with temporary protection, allowing the animal to spawn and further contribute to the stock of that species until the notch grows out.

By virtue of section 5(1) of the Sea Fish (Conservation) Act 1967 (c. 84) (“the 1967 Act”) it is an offence to fish for the sea fish specified in article 3 of this Order. Where a fishing boat is used in connection with that offence, the master, the owner and the charterer (if any) of that fishing boat will each be guilty of an offence. Section 5(6) of that Act provides that where any sea fish specified in article 3 of this Order are caught, they must (subject to section 9 of the 1967 Act) be returned to the sea immediately. Section 5(7) provides that where subsection (6) is not complied with the master, the owner and the charterer (if any) of the fishing boat will each be guilty of an offence. Penalties are prescribed by section 11 of the 1967 Act.

Article 4(1) of this Order prescribes minimum sizes for the landing of crawfish, lobster, edible crab, spider crab and velvet crab in Wales. There is an exemption from the minimum landing size for the landing of the sea fish specified in article 4(1) from foreign vessels (article 4(2)). Section 1(1) of the 1967 Act prohibits the landing of those species which do not meet the requirements as to minimum size. Offences and penalties are prescribed by section 1(7) and (8) and section 11 of the 1967 Act.

Article 4(3) prohibits the landing in Wales of any crawfish or lobster which bears a V notch or any crawfish or lobster which has been mutilated in a way which could obscure a V notch. It also prohibits the landing in Wales of any claw or other detached part of any edible crab, green crab, spider crab or velvet crab. Foreign vessels are exempt from the prohibition set out in article 4(3) (article 4(4)).

By virtue of section 6(1) of the 1967 Act it is an offence to land the crawfish, lobsters or parts of crab specified in article 4(3). Penalties are prescribed by section 11 of the 1967 Act.

Article 5(1) of this Order prescribes minimum sizes for the sale, exposure or offer for sale or possession for the purpose of sale of crawfish, lobster, edible crab, spider crab and velvet crab in Wales. There is an exemption for the sale etc. of the specified species under the minimum size from foreign vessels (article 5(2)). Section 1(2) of the 1967 Act prohibits the sale etc. of those species which do not meet the requirements as to minimum size set out by article 5(1). Offences and penalties are prescribed by section 1(7) and (8) and section 11 of the 1967 Act.

Article 5(3) prohibits the sale, exposure or offer for sale of any crawfish or lobster which bears a V notch, any crawfish or lobster which has been mutilated in a way which could obscure a V notch or any claw or other detached part of any edible crab, green crab, spider crab or velvet crab. There is an exemption for the sale etc. of such crawfish, lobster or crab parts from foreign vessels (article 5(4)).

Offences and penalties in relation to the sale etc. of such crawfish or lobster in contravention of article 5(3) are prescribed at sections 190 and 191 of the Marine and Coastal Access Act 2009 (c. 23).

Article 6(1) of this Order prescribes minimum sizes for the carriage of crawfish, lobster, edible crab and spider crab on British fishing boats in Wales. It further prescribes the minimum size of velvet crab which may be carried on British fishing boats in Wales and the Welsh zone. Section 1(3) of the 1967 Act prohibits the carriage of those species which do not meet the requirements as to minimum size prescribed by article 6(1) of this Order in the relevant area. Offences and penalties are prescribed by section 1(7) and (8) and section 11 of the 1967 Act.

Article 6(2) prohibits the carriage on any British fishing boat in Wales of any crawfish or lobster which bears a V notch or any crawfish or lobster which has been mutilated in a way which could obscure a V notch. It further prohibits the carriage on a British fishing boat in Wales of any claw or other detached part of any edible crab, green crab, spider crab or velvet crab. Offences and penalties in relation to the carriage of such crawfish, lobster or the claws or other detached parts of the specified crabs in contravention of article 6(2) are prescribed at sections 190 and 191 of the Marine and Coastal Access Act 2009 (c. 23).

Article 7 of this Order makes the necessary consequential amendments and revocations in relation to S.I. 1986/497, S.I. 1989/919, S.I. 1989/2443, S.I. 1993/1178, S.I. 2000/874, S.I. 2002/676 (W. 73), S.I. 2002/1897 (W. 198) and Byelaws 3 (Lobster – Minimum size), 5 (Protection of V-Notched Lobsters), 6 (Crabs – Minimum size), 7 (Crawfish – Minimum size) and 46 (Parts of Crustacean Shellfish) of the former SWSFC and Byelaws 19 (Specified Fish Sizes), 29 (Minimum size of Lobster) and 31 (Protection of V-Notched Lobsters) of the former NWNWSFC.

Minimum sizes for crawfish, lobster, edible crab and spider crab are specified by Article 17 of and Annex XII to Council Regulation (EC) No. 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ No. L 125, 24.04.98, p. 1) (“the Council Regulation”). Article 19(1) of the Council Regulation provides that marine organisms under the specified minimum sizes must not be retained on board or be transhipped, landed, transported, stored, sold, displayed or offered for sale and that they must be returned immediately to the sea.

Article 18(3) of the Council Regulation provides that lobsters and crawfish (and other specified species) may only be retained on board and landed whole.

This Order is made in reliance upon Article 46(1) of the Council Regulation, which authorises Member States to take certain national technical measures for the conservation and management of stocks.

The minimum size restrictions imposed by Article 17 of and Annex XII to the Council Regulation will continue to apply in the area of the Welsh zone that lies beyond Wales. The provisions of this Order will supplement the Council Regulation provisions by introducing lower minimum sizes for crawfish, lobster, edible crab and spider crab in the territorial sea adjacent to Wales. This Order also introduces protection for velvet crab (by setting a minimum size for fishing, landing, sale and carriage throughout Wales and the Welsh zone) and green crab (by prohibiting the landing or carriage of detached parts of green crab in Wales).

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Welsh Government, Marine and Fisheries Division, Cathays Park, Cardiff CF10 3NQ.