The Undersized Lobsters Order 2000

Explanatory Note

(This note is not part of the Order)

This Order prescribes a minimum size for the landing of lobsters (Homarus gammarus) in England (article 3(1)). There is an exemption from the minimum landing size for the landing of lobsters from foreign fishing boats (article 3(2)).

The Order also prescribes a minimum size for the sale of lobsters in England (article 4(1)) and for the carriage of lobsters on a relevant British fishing boat, or on a Scottish fishing boat which is in waters within relevant British fishery limits, (article 5). There is an exemption from the minimum sale size for lobsters which are landed from foreign fishing boats (article 4(2)).

The Order also gives British sea-fishery officers further enforcement powers in relation to British fishing boats (article 6). They already have powers under section 15(2) of the Sea Fish (Conservation) Act 1967, as amended by the Fisheries Act 1981, (“the 1967 Act”) to seize any fish in respect of which an offence has been or is being committed under section 1(3) of the 1967 Act.

Offences and penalties are prescribed respectively by section 1(7) and (8) and section 11 of the 1967 Act, as amended by the Criminal Justice Act 1991 (c. 53).

This Order does not form part of the law of Scotland. It does not apply in relation to fishing activities within the territorial sea adjacent to Wales.

This Order revokes the Undersized Lobsters Order 1993 in relation to England and Northern Ireland.

This Order is made in reliance on the power conferred on Member States by Article 46.1 of Council Regulation (EC) No. 850/98 (OJ No. L125, 27.04.98, p. 1), for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms, which authorises Member States to take certain national measures for the conservation and management of stocks.

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Sea Fisheries Conservation Division of the Ministry of Agriculture, Fisheries and Food, Room 421d, Nobel House, 17 Smith Square, London SW1P 3JR.