SCOTTISH STATUTORY INSTRUMENTS
2001 No. 250
SEA FISHERIES
CONSERVATION OF SEA FISH
The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2001
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Made |
27th June 2001 | |
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Laid before the Scottish Parliament |
28th June 2001 | |
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Coming into force |
1st August 2001 | |
The Scottish Ministers, in exercise of the powers conferred by section 3 of the Sea Fish (Conservation) Act 1967[1] and of all other powers enabling them in that behalf, hereby make the following Order:
Citation, commencement and interpretation
1.
- (1) This Order may be cited as the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2001 and shall come into force on 1st August 2001.
(2) In this Order, "the principal Order" means the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000[2].
Amendment of the principal Order
2.
In article 2 (interpretation) of the principal Order-
(a) In paragraph (1)-
(i) for the definition of "the Council Regulation" there is substituted-
(ii) for the definition of "extension piece" there is substituted-
"
"extension piece" means an extension piece located immediately in front of the codend and excludes the tapered part of the net;";
(iii) after the definition of "ICES" there is inserted-
"
"strengthening bag" means a cylindrical piece of netting completely surrounding the codend of a trawl or seine net and which may be attached to a codend at intervals;"; and
(iv) after the definition of "net" there is inserted-
"
"tapered part of the net" means the netting immediately in front of the codend or extension piece (if fitted) where the number of open meshes around the circumference of the net increases in a ratio not less that 4 meshes in circumference to every 5 meshes in the long axis of the net.";
(b) for paragraph (4) there is substituted-
"
(4) For the purposes of this Order, a net shall be deemed to have been carried in a boat for the purpose of fishing for Norway lobsters (Nephrops norvegicus), and a boat shall be deemed to have been fishing for Norway lobsters, if the catch retained on board that boat includes at least 35% by weight Norway lobsters."; and
(c) after paragraph (5) there is inserted-
"
(6) For the purposes of this Order, a net shall be deemed to have been carried in a boat for the purpose of fishing for queen scallops (Chlamys opercularis), and a boat shall be deemed to have been fishing for queen scallops, if the catch retained on board that boat includes at least 80% by weight queen scallops.".
3.
In article 3 (application) of the principal Order-
4.
In article 4 (square mesh panel requirements) of the principal Order, for paragraph (b) there is substituted-
5.
In article 5 (twine thickness requirements) of the principal Order for paragraph (2) there is substituted-
6.
After article 5 of the principal Order there is inserted-
7.
In the ICES Statistical Sub-Area VI (West of Scotland) described in the Schedule to the principal Order for "south" where it first appears, there is substituted "north".
RHONA BRANKIN
Authorised to sign by the Scottish Ministers
St Andrew's House, Edinburgh
27th June 2001
EXPLANATORY NOTE
(This note is not part of the Order)
This Order amends the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000 (S.S.I. 2000/227) ("the principal Order"). This Order forms part of the law of Scotland only.
This Order brings into effect additional technical conservation measures to further protect stocks of undersized fish.
This Order exempts nets used for the purposes of fishing for queen scallops from the requirements of the principal Order (article 3).
It also introduces a limitation upon the combined length of the codend and extension piece of certain fishing nets. It also prohibits the use of strengthening bags (also known as lifting bags) in these nets, and provides an exemption from this prohibition for nets used in or by boats for the purposes of fishing for Norway lobsters (article 3(c) and article 6).
In addition it clarifies the provisions in the principal Order relating to, the positioning of square mesh panels (article 4), twine thickness requirements (article 5) and corrects the description of ICES Statistical Sub Area VI in the Schedule to the principal Order (article 7).
[1]
1967 c.84. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). See section 22(2)(a) of the 1967 Act for the definition of "the Ministers," as amended by the Fisheries Act 1981, sections 19(2)(d) and 45(b). The definition has effect in relation to Scotland with the modifications made by section 22A(12)(b) inserted by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), Schedule 2, paragraph 43(13).back
[2]
S.S.I. 2000/227.back
[3]
O.J. No. L 125, 27.4.98, p.1.back
[4]
O.J. No. L 318, 27.11.98, p.63.back
[5]
O.J. No. L 38, 12.2.99, p.6.back
[6]
O.J. No. L 168, 3.7.99, p.1.back
[7]
O.J. No. L 328, 22.12.99, p.9.back
[8]
O.J. No. L 100, 20.4.00, p.3.back
[9]
O.J. No. L 148, 22.6.00, p.1.back
[10]
O.J. No. L 102, 12.4.01, p.16.back
ISBN
0 11059781 8