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Interpretation

2.—(1) In this Order–

“crawfish” means crawfish of the species Palinurus elephas and Palinurus mauritanicus;

“flap” in relation to the tail of a lobster or crawfish, means any part of the central three flaps of the tail fan of the lobster or crawfish including the telson with anus and left and right uropod immediately adjacent to the telson;

“lobster” means lobster of the species Homarus gammarus;

“mutilated” in relation to a lobster or crawfish, means a lobster or crawfish which is mutilated in such a manner as to obscure a V notch; and

“V notch” means a marking in the shape of the letter “V” with a depth of at least 5 mm cut into at least one of the inner uropods of the tail fan of any lobster or crawfish, with the apex of the letter “V” positioned inward from the edge of the flap.

(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;

(iii)the territorial sea adjacent to the Bailiwick of Jersey; and

(iv)seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976(1);

(b)any reference to any relevant British fishing boat “wherever it may be” does not include such a fishing boat while in the territorial sea adjacent to Wales;

(c)the term “any equivalent order” means any other order made under sections 5 or 6 of the Sea Fish (Conservation) Act 1967, extending to any part of the United Kingdom, which prohibits fishing for, or the landing in any part of the United Kingdom of:

(i)a mutilated lobster,

(ii)a mutilated crawfish,

(iii)any lobster or crawfish bearing a V notch.

(1)

1976, c. 86; as modified by paragraph 3(c)(i) of the Schedule to the Fishery Limits Act 1976 (Guernsey) Order 1989 (S.I. 1989/2407).