(1) This Order is called the Shrimp Fishing Nets (Wales) Order 2003 and comes into force on 30th November 2003.
(2) This Order applies to Wales .
S.I. 2003/3035 (W.)
The Shrimp Fishing Nets (Wales) Order 2003 (S.I. 2003/3035 (W.))
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 (EEC) No. 2108/1984 of 23rd July 1984. It sets out the national provisions called for by Article 25 of Council Regulation (EC) No. 850/98 of 30th March 1998, by specifying separator trawls and sorting grids as the types of device required to be used.
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(1) In this Order:
βBritish fishing boatβ (β cwch pysgota Prydeinig β) means a fishing boat which is either registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act; and
βcodendβ (β pen y cwd β) means the rearmost part of a net, being made up of one or more panels comprising pieces of netting of the same mesh size attached to one another along their sides in the long axis of the net by a lacing.
(2) For the purpose of this Order, the mesh of a net or netting shall be measured in accordance with Commission Regulation ( EEC ) No. 2108/1984 of 23rd July 1984 laying down detailed rules for determining the mesh size of fishing nets as amended by Commission Regulation ( EC ) No. 2550/1997 .
British fishing boats are prohibited from carrying or deploying a net, whose mesh measures between 16 and 31 millimetres unless β
(a) netting, the mesh of which measures at least twice that of the codend and nor more than 70 millimetres, is fitted across the entire cross-section of the net in such a way that β
(i) fish cannot reach the codend without first passing through the netting; and
(ii) there is a hole in the net through which all fish that do not pass through the netting are able to escape;
(b) a rigid grid, the spacing between the bars of which is no more than 20 millimetres is fitted across the entire cross-section of the net in such a way that β
(i) fish cannot reach the codend without first passing through the grid; and
(ii) there is a hole in the net through which all fish that do not pass through the grid are able to escape.
(c) no fish have been retained on board the boat; or
(d) where fish have been retained on board the boat, less than 60% by live weight of the total catch retained comprises common shrimps ( Crangon spp.), Aesop shrimps ( Pandalus montagui ) or a combination of the two.
(1) For the purposes of enforcing this Order, a British sea fisheries officer may exercise the powers conferred by this article in relation to any British fishing boat to which this Order applies.
(2) The officer may go on board the boat, with or without persons assigned to assist in his or her duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
(3) The officer may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him or her to be necessary for the purpose of enforcing this Order, and, in particular β
(a) may examine any fish on that boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to the officer to be necessary for facilitating the examination; and
(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 that personβs 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 the officer to be necessary for facilitating the search;
(d) where the boat is one in relation to which the officer has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or her 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) above 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, the officer may β
(a) require the master of the boat in relation to which the contravention took place to take, or may himself or herself take, the boat and its crew to the port which appears to the officer 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 the officer shall serve on the master a notice in writing staffing 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.
Cite this legislation
- Official citation
- S.I. 2003/3035 (W.)
- Source
- legislation.gov.uk
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- Licence
- OGL-3 β
The Shrimp Fishing Nets (Wales) Order 2003 (legislation.gov.uk, OGL-3). Retrieved via LawPlayer, https://lawplayer.com/uk/act/wsi-2003-3035
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