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

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(4) 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(1) as corrected by Corrigendum to the Annexes to said Council Regulation (EC) No. 43/2009(2) and as amended by Council Regulation (EC) No. 302/2009(3), Commission Regulation (EC) No. 517/2009(4), 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

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

(1)

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

(2)

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

(3)

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

(4)

Cmnd. 2586.