1. This Order may be cited as the Undersized Spider Crabs Order 2000 and shall come into force on 30th June 2000.
2.—(1) In this Order—
“the Act” means the Sea Fish (Conservation) Act 1967;
“Jersey” means the Bailiwick of Jersey;
“size”, in relation to a spider crab, means the length of the carapace, along the midline, from the edge of the carapace between the rostrums to the posterior edge of the carapace and shall be measured as shown in the Schedule to this Order;
“spider crab” means crab of the species Maia squinado;
“territorial sea adjacent to Jersey” means the sea within 12 nautical miles from the baselines from which the breadth of the territorial sea adjacent to Jersey is measured.
(2) In this Order—
(a)the term “within relevant British fishery limits” does not include:
(i)the territorial sea adjacent to Wales;
(ii)the territorial sea adjacent to the Isle of Man; and
(iii)the territorial sea adjacent to Jersey;
(b)any reference to any relevant British fishing boat “wherever it may be” does not include such a fishing boat while in:
(i)the territorial sea adjacent to Wales; or
(ii)the territorial sea adjacent to Jersey.
3.—(1) For the purposes of section 1(1) of the Act (which prohibits the landing in England and Wales of any sea fish of any description, being a fish of a smaller size than such size as may be prescribed in relation to sea fish of that description), there is hereby prescribed as the minimum size for male spider crabs a size of 130 millimetres.
(2) Landing from foreign fishing boats is exempted from the prohibition imposed by section 1(1) of the Act as read with paragraph (1) above.
(3) This article applies only to landings in England.
4.—(1) For the purpose of the enforcement of section 1(1) of the Act as read with this Order, a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below—
(a)in relation to any relevant British fishing boat wherever it may be; and
(b)in relation to any Scottish fishing boat which is within relevant British fishery limits.
(2) He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
(3) He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular—
(a)may examine any fish on the boat and the equipment of the boat including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
(b)may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
(c)for the purpose of ascertaining whether the master, owner or charter of the boat has committed an offence under section 1(1) of the Act as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
(d)where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence,
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
(4) Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits he may—
(a)require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port, and
(b)detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Elliott Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
25th May 2000
John Reid
Secretary of State for Scotland
7th June 2000
Paul Murphy
Secretary of State for Wales
25 May 2000
Peter Mandelson
Secretary of State for Northern Ireland
7th June 2000