The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000

Scottish Statutory Instruments

2000 No. 227

SEA FISHERIES

CONSERVATION OF SEA FISH

The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000

Made

5th July 2000

Laid before the Scottish Parliament

6th July 2000

Coming into force (except article 5)

3rd August 200

The Scottish Ministers, in exercise of the powers conferred on them by sections 3, 15(3) and 22(2)(a) of the Sea Fish (Conservation) Act 1967(1), and of all other powers enabling them in that behalf, hereby makes the following Order:

Citation and commencement S

1.—(1) This Order may be cited as the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000.

(2) This Order, except article 5, shall come into force on 3rd August 2000.

(3) Article 5 shall come into force on 1st March 2001.

Commencement Information

I1 Art. 1 in force at 3.8.2000, see art. 1(2)

Interpretation S

2.—(1) In this Order–

“the Act” means the Sea Fish (Conservation) Act 1967;

[F1 “Regulation 2019/1241” means Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures;]

“beam trawler” means a fishing boat which, in so far as it carries or uses nets, carries or uses only nets which are designed to be towed along the sea-bed and which have their mouth extended by a beam, bar or other rigid device;

F2 ...

F3 ...

[F4 “extension piece” means an extension piece located immediately in front of the codend and excludes the tapered part of the net;]

“ICES” followed by a roman numeral with or without a letter shall be construed as a reference to whichever of the statistical sub-areas and divisions of the International Council for the Exploration of the Sea(5) described in the Schedule is identified therein by that roman numeral or that roman numeral and letter as the case may be; and

[F5 “Regulation 43/2009” means Council Regulation (EC) No. 43/2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required(2) as corrected by Corrigendum to the Annexes to said Council Regulation (EC) No. 43/2009(3) and as amended by Council Regulation (EC) No. 302/2009(4), Commission Regulation (EC) No. 517/2009(5), Commission Regulation (EC) No. 593/2009, Commission Regulation (EC) No. 709/2009, Council Regulation (EC) No. 753/2009 and Council Regulation (EC) No. 1288/2009;]

[F6 “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;]

“net” means a trawl, Danish seine or similar towed net.

[F7 “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.]

[F8 (2) Expressions used in this Order that appear or are referred to in [F9 Regulation 2019/1241] and Regulation 43/2009, and which are not defined in this article, have the same meaning in this Order as in those Regulations.]

(3) Any reference in this Order to a numbered article shall be construed as a reference to the article so numbered in this Order and any reference to the Schedule as a reference to the Schedule to this Order.

[F10 (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 [F11 30%] by weight Norway lobsters.]

(5) Where detached Norway lobster tails are retained on board a boat, the equivalent weight of the whole Norway lobsters shall be taken into account for the purpose of paragraph (4), and that equivalent weight shall be obtained by multiplying the weight of the tails by 3.

[F12 (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.]

Textual Amendments

F1 Words in art. 2(1) substituted (21.12.2020) by The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 2(2)(a)(i)

F2 Words in art. 2(1) omitted (21.12.2020) by virtue of The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 2(2)(a)(ii)

F3 Words in art. 2(1) omitted (21.12.2020) by virtue of The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 2(2)(a)(iii)

F4 Words in art. 2(1) substituted (1.8.2001) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2001 (S.S.I. 2001/250), arts. 1(1), 2(a)(ii)

F5 Words in art. 2(1) substituted (3.7.2010) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2010 (S.S.I. 2010/231), arts. 1, 2(2)(b)

F6 Words in art. 2(1) inserted (1.8.2001) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2001 (S.S.I. 2001/250), arts. 1(1), 2(a)(iii)

F7 Words in art. 2(1) inserted (1.8.2001) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2001 (S.S.I. 2001/250), arts. 1(1), 2(a)(iv)

F8 Art. 2(2) substituted (1.5.2009) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2009 (S.S.I. 2009/165), arts. 1, 2(2)(b)

F9 Words in art. 2(2) substituted (21.12.2020) by The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 2(2)(b)

F10 Art. 2(4) substituted (1.8.2001) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2001 (S.S.I. 2001/250), arts. 1(1), 2(b)

F11 Art. 2(4) substituted (1.5.2009) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2009 (S.S.I. 2009/165), arts. 1, 2(2)(c)

F12 Art. 2(6) inserted (1.8.2001) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2001 (S.S.I. 2001/250), arts. 1(1), 2(c)

Commencement Information

I2 Art. 2 in force at 3.8.2000, see art. 1(2)

Application S

3.—(1)  [F13 Subject to paragraph (2), article 4 applies to any net used by] –

(a) any Scottish fishing boat in ICES IIa south of 64° north latitude and east of 4° west longitude (Norwegian Sea), ICES IV (North Sea) or ICES VI (West of Scotland) [F14 excluding that part of ICES Division VIa which is specified in paragraph (1C)]; or

(b) any [F15 other] fishing boat in that part of ICES IIa south of 64° north latitude and east of 4° west longitude (Norwegian Sea), of ICES VI (West of Scotland) [F16 excluding that part of ICES Division VIa which is specified in paragraph (1C)] or of ICES IV (North Sea) within the Scottish zone.

[F17 (1A) Article 4A applies to any net used by–

(a) any Scottish fishing boat within that part of ICES Division VIa which is specified in paragraph (1C); [F18 or]

[F19 (b) any other fishing boat within that part of ICES Division VIa which is specified in paragraph (1C) and is within the Scottish zone.]

(1B) Subject to paragraphs (2) and (3), articles 5 and 5A apply to any net used by–

(a) any Scottish fishing boat in ICES IIa south of 64° north latitude and east of 4° west longitude (Norwegian Sea), or ICES VI (West of Scotland); or

(b) any [F20 other] fishing boat in that part of ICES IIa south of 64° north latitude and east of 4° west longitude (Norwegian Sea), of ICES VI (West of Scotland) or of ICES IV (North Sea) within the Scottish zone.

(1C) The area specified by this paragraph is the area of water within ICES VI (West of Scotland) which is bounded by a line beginning at a point at 55°00'N on the west coast of Scotland; thence to a point at 55°00'N on the east coast of Northern Ireland; thence following the coast north and west to a point at 54°30'N on the west coast of Ireland; thence following those rhumb lines which sequentially join the following coordinates:–

• 54°30'N, 10°35'W

• 55°20'N, 9°50'W

• 55°30'N, 9°20'W

• 56°40'N, 8°,55'W

• 57°0'N, 9°,0'W

• 57°20'N, 9°,20'W

• 57°50'N, 9°,20'W

• 58°10'N, 9°,0'W

• 58°40'N, 7°,40'W

• 59°0'N, 7°,30'W

• 59°20'N, 6°,30'W

• 59°40'N, 6°,5'W

• 59°40'N, 5°,30'W

• 60°0'N, 4°,50'W

• 60°15'N, 4°0'W;

thence to a point at 4°00'W on the north coast of Scotland; thence west and south along the mainland Scottish coast to a point at 55°00'N on the west coast of Scotland (hereinafter referred to as “east of the Cod Recovery Line within ICES Division VIa”).]

(2) [F21 Articles 4, 5 and 5A] do not apply to any net that is–

(a) carried in, or used by, a beam trawler; or

(b) properly lashed and stowed in such a way that it may not be readily [F22 used; or]

[F23 (c) carried in, or used by, a boat for the purpose of fishing for queen scallops;]

[F24 (3) Article 5A(b) does not apply to any net that is carried in or used by a boat for the purpose of fishing for Norway lobsters.]

Textual Amendments

F13 Words in art. 3(1) substituted (1.5.2009) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2009 (S.S.I. 2009/165), arts. 1, 2(3)(a)

F14 Words in art. 3(1)(a) inserted (1.5.2009) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2009 (S.S.I. 2009/165), arts. 1, 2(3)(b)

F15 Word in art. 3(1)(b) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 23(2) (with s. 50, Sch. 4 para. 31)

F16 Words in art. 3(1)(b) inserted (1.5.2009) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2009 (S.S.I. 2009/165), arts. 1, 2(3)(b)

F17 Art. 3(1A)-(1C) inserted (1.5.2009) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2009 (S.S.I. 2009/165), arts. 1, 2(3)(c)

F18 Word in art. 3(1A)(a) inserted (3.7.2010) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2010 (S.S.I. 2010/231), arts. 1, 2(3)(a)

F19 Art. 3(1A)(b) substituted for art. 3(1A)(b)(c) (3.7.2010) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2010 (S.S.I. 2010/231), arts. 1, 2(3)(b)

F20 Word in art. 3(1B)(b) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 23(2) (with s. 50, Sch. 4 para. 31)

F21 Words in art. 3(2) substituted (1.5.2009) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2009 (S.S.I. 2009/165), arts. 1, 2(3)(d)

F22 Words in art. 3(2)(b) substituted (1.8.2001) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2001 (S.S.I. 2001/250), arts. 1(1), 3(b)(ii)

F23 Art. 3(2)(c) inserted (1.8.2001) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2001 (S.S.I. 2001/250), arts. 1(1), 3(b)(iii)

F24 Art. 3(3) inserted (1.8.2001) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2001 (S.S.I. 2001/250), arts. 1(1), 3(c)

Commencement Information

I3 Art. 3 in force at 3.8.2000, see art. 1(2)

Square mesh panel requirements S

4.  Any net to which this article applies which has a mesh size of 70 millimetres or more but less than 119 millimetres shall have incorporated in it as part of the net a square mesh panel which–

(a) has a mesh size of not less than 90 millimetres; and

[F25 (b) is positioned so that the rearmost row of meshes of the square mesh panel is no more than 9 metres from the codline or, in any case where the net is carried in or used by a boat for the purpose of fishing for Norway lobsters, the rearmost row of meshes of the square mesh panel shall be no more than 15 metres from the codline.]

Textual Amendments

F25 Art. 4(b) substituted (1.8.2001) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2001 (S.S.I. 2001/250), arts. 1(1), 4

Commencement Information

I4 Art. 4 in force at 3.8.2000, see art. 1(2)

[F26 Square mesh panel requirements for east of the Cod Recovery Line within ICES Division VIa S

4A.   Any net to which this article applies which has a mesh size of 80 millimetres or more shall have incorporated in it as part of the net a square mesh panel which–

(a) has a mesh size of not less than 120 millimetres;

(b) is at least 3 metres in length;

(c) is positioned so that the rearmost row of meshes of the square mesh panel shall be no more than 12 metres from the codline; and

(d) has no more than two open diamond meshes between the longitudinal side of the panel and the adjacent selvedge.]

Textual Amendments

F26 Art. 4A inserted (1.5.2009) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2009 (S.S.I. 2009/165), arts. 1, 2(4)

Twine thickness requirements S

5.—(1) Where any net to which this article applies is constructed wholly or in part in the codend, extension piece or square mesh panel of multiple twine netting, the sum of the thicknesses of the multiple twines on any side of any mesh shall not exceed 10 millimetres.

[F27 (2) Where any net to which this article applies is used for the purpose of fishing for Norway lobsters and has a mesh size of between 70 and 94 millimetres, the codend and extension piece shall be constructed of single twine that shall not exceed 4 millimetres in thickness.]

[F28 (3) Where any net to which this article applies is used for the purpose of fishing for Norway lobsters and has a mesh size of between 70 and 94 millimetres, the square mesh panel (where fitted) shall be constructed of single twine that shall not exceed 6 millimetres in thickness.]

Textual Amendments

F27 Art. 5(2) substituted (1.5.2009) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2009 (S.S.I. 2009/165), arts. 1, 2(5)(a)

F28 Art. 5(3) inserted (1.5.2009) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2009 (S.S.I. 2009/165), arts. 1, 2(5)(b)

Commencement Information

I5 Art. 5 in force at 1.3.2001, see art. 1(3)

[F29 Restriction on length of nets and prohibition of strengthening bags. S

5A.   In the case of any net to which this article applies and which has a mesh size of 70 millimetres or more–

(a) the length of the codend measured together with any extension piece fitted thereto shall not exceed 300 meshes when measured from the codline; and

(b) the attachment of a strengthening bag is prohibited.]

Textual Amendments

F29 Art. 5A inserted (1.8.2001) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2001 (S.S.I. 2001/250), arts. 1(1), 6

Powers of British sea-fishery officers in relation to fishing boats S

F30 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30 Art. 6 omitted (21.12.2020) by virtue of The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 2(3)

Revocation S

7.  The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 1991(6) and the Sea Fishing (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Variation) Order 1992(7) are revoked.

Commencement Information

I6 Art. 7 in force at 3.8.2000, see art. 1(2)

JOHN HOME ROBERTSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

5th July 2000

Article 2(1)

SCHEDULE S STATISTICAL SUB-AREAS AND DIVISIONS OF THE INTERNATIONAL COUNCIL FOR THE EXPLORATION OF THE SEA

Commencement Information

I7 Sch. in force at 3.8.2000, see art. 1(2)

ICES Statistical Division IIa (Norwegian Sea) S

The waters bounded by a line beginning at a point on the coast of Norway in 62°00' north latitude; thence due west to 4°00' west longitude; thence due north to 63°00' north latitude; thence due west to 11°00' west longitude; thence due north to 73°30' north latitude; thence due east to 30°00' east longitude; thence due south to 72°00' north latitude; thence due west to 26°00' east longitude; thence due south to the coast of Norway; thence in a westerly and south-westerly direction along the coast of Norway to the point of beginning.

ICES Statistical Sub-Area IV (North Sea) S

The waters bounded by a line beginning at a point on the coast of Norway in 62°00' north latitude; thence due west to 4°00' west longitude; thence due south to the coast of Scotland; thence in an easterly and southerly direction along the coasts of Scotland and England to a point in 51°00' north latitude; thence due east to the coast of France; thence in a north-easterly direction along the coasts of France, Belgium, the Netherlands and the Federal Republic of Germany to the western terminus of its boundary with Denmark; thence along the west coat of Jutland to Thyboron; thence in a southerly and easterly direction along the south coast of the Limfjord to Egensekloster Point; thence across the eastern entrance of the Limfjord to Hals; thence in a westerly direction along the north coast of Limfjord to the southernmost point of Agger Tange; thence in a northerly direction along the west coast of Jutland to a point in 57°00' north latitude; thence due west to 8°00' east longitude; thence due north to 57°30' north latitude; thence due west to 7°00' east longitude; thence due north t the coast of Norway; thence in a north-westerly direction along the coast of Norway to the point of beginning.

ICES Statistical Sub-Area VI (West of Scotland) S

The waters bounded by a line beginning at a point on the north coast of Scotland in 4°00' west longitude; thence due [F31 north] to 60°00' north latitude; thence due west to 18°00' west longitude; thence due south to 54°30' north latitude; thence due east to the coast of the Republic of Ireland; thence in a northerly and easterly direction along the coasts of the Republic of Ireland and of Northern Ireland to a point on the east coast of Northern Ireland in 55°00' north latitude; thence due east to the coast of Scotland; thence in a northerly direction along the west coast of Scotland to the point of beginning.

Textual Amendments

F31 Word in sch. substituted (1.8.2001) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2001 (S.S.I. 2001/250), arts. 1(1), 7

Explanatory Note

(This note is not part of the Order)

This Order regulates the carriage of certain nets and other fishing gear. The Order is made pursuant to Article 46 of Council Regulation (EEC) No. 850/98 of 30th March 1998 for the Conservation of Fishery resources through technical measures for the protection of juveniles of marine organisms (O.J. No. L 125, 27.4.98, p.1). The Order forms part of the law of Scotland only.

The Order applies to nets carried or used by Scottish fishing boats and relevant British fishing boats in certain specified areas (article 3(1)). Nets carried or used by beam trawlers and nets which are lashed and stowed so that they may not readily be used are excepted from the requirements of the Order (article 3(2)).

The Order requires that–

(a) a square mesh panel complying with specified conditions be incorporated in nets of certain mesh sizes carried in, or used by Scottish fishing boats and relevant British fishing boats in the specified areas (article 4);

(b) in the case of multiple twine netting in the codend, extension piece or square mesh panel of any net to which the Order applies, the sum of the thicknesses of the multiple twines on any side of any mesh do not exceed 10 millimetres (article 5(1)); and

(c) in the case of any net to which the Order applies and which is carried or used for the purpose of fishing for Norway lobsters, any square mesh panel is constructed of single twine that does not exceed 4 millimetres (article 5(2)).

The Order gives certain enforcement powers to British sea fishery officers (article 6).

The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 1991 (S.I. 1991/1380) and the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Variation) Order 1992 (S.I. 1992/1344) are revoked (article 7).

Offences and penalties are prescribed respectively by sections 3(5) and 11 of the Sea Fish (Conservation) Act 1967, as amended by section 24(1) of the Fisheries Act 1981.

(1)

1967 c. 84; section 15(3) was substituted by the Sea Fisheries Act 1968 (c. 77), Schedule 1, paragraph 38(3) and amended by the Fishery Limits Act 1976 (c. 86) Schedule 2, paragraph 16(1). Relevant modifications are contained in the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), article 5 and the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1750), articles 3, 5 and 6. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act (c.46). Section 22(2)(a) which contains a definition of “the Ministers” for the purposes of section 5 and 15(3) was 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).

(2)

O.J. No. L 318, 27.11.98, p.63.

(3)

O.J. No. L 38, 12.2.99, p.6.

(4)

O.J. No. L 168, 3.7.99, p.1.

(5)

Cmnd. 2586.

(6)

S.I. 1991/1380

(7)

S.I. 1992/1344.