The Solent European Marine Site (Prohibition of Method of Dredging) Order 2004

• Citation: S.I. 2004/2696
• Sections: 5

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Solent European Marine Site (Prohibition of Method of Dredging) Order 2004 and shall come into force on 21st October 2004.

(2) Subject to paragraph (3), this Order shall not form part of the law of Scotland or Northern Ireland.

(3) Paragraph (2) shall not prejudice the effect of section 14 of the Sea Fish (Conservation) Act 1967 in relation to, or for purposes incidental to, any provision which creates an offence.

Section 2 Interpretation

(1) In this Order—

“dredge” means any form of shellfish dredge used in conjunction with any means of injecting water into the dredge or into the vicinity of the dredge;

“highest astronomical tide” means the highest level of tide which can be predicted to occur under average meteorological conditions and any combination of astronomical conditions;

“latitude” means the angular distance north or south of the earth’s equator, measured in degrees along a meridian, as on a map or globe;

“longitude” means the angular distance of any place on the earth’s surface east or west of the meridian at Greenwich, England, measured in degrees up to 180 degrees east or west;

“Northern Ireland zone” has the same meaning as in the Northern Ireland Act ; and

“Solent European Marine Site” means the areas specified in the Schedule to this Order.

(2) In this Order—

(a) the term “relevant British fishery limits” does not include—

(i) the Northern Ireland zone;

(ii) the territorial sea adjacent to Wales;

(iii) the territorial sea adjacent to the Isle of Man;

(iv) the territorial sea adjacent to the Bailiwick of Jersey; and

(v) seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976 as extended to Guernsey.

(b) the term “relevant British fishing boat” does not include a vessel whose entry in the register maintained under section 8 of the Merchant Shipping Act 1995 specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging.

Section 3 Prohibition on deploying a dredge

No fishing boat shall deploy a dredge in any part of the Solent European Marine Site.

Section 4 Prohibition on carrying a dredge

No fishing boat shall carry a dredge in any part of the Solent European Marine Site unless the dredge is inboard, secured and stowed.

Section 5 Powers of British sea-fishery officers

(1) For the purposes of enforcing this Order, a British sea fishery officer may exercise the powers conferred by this article in relation to—

(a) any fishing boat within relevant British fishery limits; and

(b) any relevant British fishing boat wherever it may be.

(2) He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.

(3) He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appear to him to be necessary for the purpose of enforcing this Order and, in particular—

(a) may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;

(b) may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;

(c) for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 3(5) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and

(d) where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;

but nothing in sub-paragraph (d) shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.

(4) Where it appears to a British sea-fishery officer that a contravention of any provision of this Order has at any time taken place, he may—

(a) require the master of the boat in relation to which the contravention took place to take, or himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and

(b) detain or require the master to detain the boat in the port;

and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.