The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2009

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

2.—(1) The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000(1) is amended in accordance with this article.

(2) In article 2 (interpretation)–

(a) in paragraph (1)–

(i) for the definition of “the Council Regulation” substitute–

““the Council Regulation” means Council Regulation (EC) No. 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms(2) as corrected by Corrigendum to Annex XII of said Council Regulation (EC) No. 850/98(3) and as amended by Council Regulation (EC) No. 308/1999(4), Council Regulation (EC) 1459/1999(5), Council Regulation (EC) No. 2723/1999(6), Council Regulation (EC) No. 812/2000(7), Council Regulation (EC) No. 1298/2000(8), Council Regulation (EC) No. 724/2001(9), Council Regulation (EC) No. 973/2001(10), Council Regulation (EC) No. 602/2004(11), Council Regulation (EC) No. 1568/2005(12) and Council Regulation (EC) No. 2166/2005(13);”;

(ii) in the definition of “equivalent Order”, after “Council Regulation” insert “, or to enforcement of an enforceable Community restriction or other obligation in relation to sea fishing,”;

(iii) after the definition of “ICES”, insert–

““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(14) as amended by Council Regulation (EC) No. 302/2009(15);”;

(b) for paragraph (2), substitute–

“(2) Expressions used in this Order that appear or are referred to in the Council Regulation and Regulation 43/2009, and which are not defined in this article, have the same meaning in this Order as in those Regulations.”; and

(c) in paragraph (4), for “35%” substitute “30%”.

(3) In article 3 (application)–

(a) in paragraph (1), for “Subject to paragraph (2), articles 4 to 5A apply to any net carried in or used by” substitute “Subject to paragraph (2), article 4 applies to any net used by”;

(b) in paragraph (1)(a) and (b), after “ICES VI (West of Scotland)” insert–

• “excluding that part of ICES Division VIa which is specified in paragraph (1C)”;

(c) after paragraph (1), insert–

“(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);

(b) any relevant British fishing boat within that part of ICES Division VIa which is specified in paragraph (1C); or

(c) any fishing boat within that part of ICES Division VIa which is specified in paragraph (1C).

(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 relevant British 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”).”; and

(d) in paragraph (2), for “Articles 4 to 5A” substitute “Articles 4, 5 and 5A”.

(4) After article 4 (square mesh panel requirements), insert–

“Square mesh panel requirements for east of the Cod Recovery Line within ICES Division VIa

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.”.

(5) In article 5 (twine thickness requirements)–

(a) for paragraph (2), substitute–

“(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.”; and

(b) after paragraph (2), insert–

“(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.”.

(6) In article 6(1) (powers of British sea fishery officers in relation to fishing boats)–

(a) at the end of sub paragraph (a), omit “and”;

(b) at the end of sub paragraph (b), for “,” substitute “; and”; and

(c) after sub paragraph (b), insert–

“(c) any fishing boat in the Scottish zone,”.

(1)

S.S.I. 2000/227, amended by S.S.I. 2001/250 and 2003/167.

(2)

O.J. No. L 125, 27.4.1998, p.1.

(3)

O.J. No. L 318, 27.11.1998, p.63.

(4)

O.J. No. L 38, 12.2.1999, p.6.

(5)

O.J. No. L 168, 3.7.1999, p.1.

(6)

O.J. No. L 328, 22.12.1999, p.9.

(7)

O.J. No. L 100, 20.4.2000, p.3.

(8)

O.J. No. L 148, 22.6.2000, p.1.

(9)

O.J. No. L 102, 12.4.2001, p.16.

(10)

O.J. No. L 137, 19.5.2001, p.1.

(11)

O.J. No. L 97, 1.4.2004, p.30.

(12)

O.J. No. L 252, 28.9.2005, p.2.

(13)

O.J. No. L 345, 28.12.2005, p.5.

(14)

O.J. No. L 22, 26.1.09, p.1.

(15)

O.J. No. L 96, 15.4.2009, p.1.