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Statutory Rules of Northern Ireland
Sea Fisheries
Made
22nd July 2020
Coming into operation
22nd August 2020
Marginal Citations
M1Formerly the Department of Agriculture for Northern Ireland; see S.I. 1999/283 (N.I.1), Art 3(4); and 2016 c. 5 (N.I.), Article 1(2).
M21966 c.17, Section 124 was substituted by S.I. 1981/227 (N.I.7), Article 6 and amended by S.I. 2002/790, Article 6 and 2001 c. 4 (N.I.), section 1
1. These Regulations may be cited as the Edible Crabs (Conservation) Regulations (Northern Ireland) 2020 and shall come into operation on 22nd August 2020.
2. In these Regulations—
“the Act” means the Fisheries Act (Northern Ireland) 1966;
“berried edible crab” means a female edible crab which is bearing eggs;
“edible crab” means crab of the species Cancer pagurus;
[F1“foreign fishing boat” has the same meaning as in the Fisheries Act 2020 (see section 52 of that Act);]
“size” means the maximum width of the carapace measured perpendicular to the antero-posterior midline of the carapace and shall be measured as shown in the Schedule to these Regulations;
[F2““soft-shelled edible crab” means an edible crab which has recently cast its shell;”]
“stock cage” means a containment device used to store crabs at sea or in the waters of a port or harbour.
Textual Amendments
F1Words in reg. 2 substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 35(2) (with s. 50, Sch. 4 para. 31)
F2Words in reg. 2 inserted (10.2.2023) by The Edible Crabs (Conservation) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/5), regs. 1, 2(2)
3.—(1) Where an edible crab less than [F3150mm] in size is brought on board a sea-fishing boat, it must be immediately returned to sea, as near as possible to the place from which it was taken.
(2) The retention of an edible crab less than [F4150mm] in size in a stock cage is prohibited.
Textual Amendments
F3Word in reg. 3(1) substituted (10.2.2023) by The Edible Crabs (Conservation) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/5), regs. 1, 2(3)(a)
F4Word in reg. 3(2) substituted (10.2.2023) by The Edible Crabs (Conservation) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/5), regs. 1, 2(3)(b)
4.—(1) The retention on board a sea-fishing boat, the bringing to land or the landing of a berried edible crab is prohibited.
(2) Where a berried edible crab is brought on board a sea-fishing boat, it must be immediately returned to sea, as near as possible to the place from which it was taken.
(3) The removal of eggs from a berried edible crab is prohibited.
(4) The retention of a berried edible crab in a stock cage is prohibited.
4A. The retention on board, the bringing to land on or the landing from a sea-fishing boat of a detached edible crab claw is prohibited.]
Textual Amendments
4B.—(1) The retention on board a sea-fishing boat, the bringing to land, the landing, having in possession, selling, exposing for sale, buying for sale, or consigning to any person for the purpose of sale, of a soft-shelled edible crab is prohibited.
(2) Where a soft-shelled edible crab is brought on board a sea-fishing boat, it must be immediately returned to sea, as near as possible to the place from which it was taken.]
Textual Amendments
F6Para. 4B inserted (10.2.2023) by The Edible Crabs (Conservation) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/5), regs. 1, 2(4)
5.—(1) The obligations and prohibitions imposed by regulations [F83,4,4A and 4B] do not apply to any person operating under the authority of, and in accordance with a permit granted under, section 14 of the Act.
(2) The obligations and prohibitions imposed by regulations [F93,4,4A and 4B] do not apply in relation to sea-fish caught by a foreign fishing boat in waters lying outside British fishery limits.]
Textual Amendments
F7Reg. 5 substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 35(3) (with s. 50, Sch. 4 para. 31)
F8Words in reg. 5(1) substituted (10.2.2023) by The Edible Crabs (Conservation) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/5), regs. 1, 2(5)
F9Words in reg. 5(2) substituted (10.2.2023) by The Edible Crabs (Conservation) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/5), regs. 1, 2(6)
Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 22nd July 2020.
L.S.
Claire Vincent
A senior officer of the
Department of Agriculture, Environment and Rural Affairs
Regulation 2
(This note is not part of the Regulations)
These Regulations provide for obligations and prohibitions in relation to edible crabs less than 140mm in size and berried edible crabs in Northern Ireland.
Regulation 3 requires an edible crab less than 140mm in size brought on board a sea-fishing boat to be immediately returned to the sea and prohibits the retention of an edible crab less than 140mm in size in a stock cage.
In relation to berried edible crabs, regulation 4 prohibits their retention on board a sea-fishing boat, bringing to land, landing, retention in a stock cage or the removal of their eggs. Regulation 4 also requires a berried edible crab brought on board a sea-fishing boat to be immediately returned to the sea.
Regulation 5 of these Regulations provides for an exemption for foreign fishing boats or a person granted a permit under section 14 of the Fisheries Act (Northern Ireland) 1966.