2003 No. 2513

SEA FISHERIES, ENGLANDCONSERVATION OF SEA FISH

The Fal and Helford (Prohibition of Scallop Dredging) Order 2003

Made

Laid before Parliament

Coming into force

The Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with the sea fishing industry in Northern Ireland in exercise of the powers conferred by sections 3 and 15(3) of the Sea Fish (Conservation) Act 19671, and now vested in them2, make the following Order:

Citation, commencement and extent1

1

This Order may be cited as the Fal and Helford (Prohibition of Scallop Dredging) Order 2003, shall come into force on 21st October 2003 and shall cease to be in force at the end of 20th October 2004.

2

Subject to paragraph (3), this Order shall not form part of the law of Scotland or Northern Ireland.

3

Paragraph (2) shall not prejudice the effect of section 14 of the Sea Fish (Conservation) Act 1967 in relation to, or for purposes incidental to, any provision which creates an offence.

Interpretation2

1

In this Order—

  • “Northern Ireland zone” has the same meaning as in the Northern Ireland Act3;

  • “scallop dredge” means any appliance with a rigid framed mouth which is towed through the water and is manufactured, adapted, used or intended for use for the purpose of fishing for scallops;

  • “the specified areas” means the areas upstream of lines drawn—

    1. a

      across the Helford River, on a bearing of 195° true from Mawnan Shear to a point on the opposite shore; and

    2. b

      across the River Fal (Carrick Roads), from the southernmost extremity of Pendennis Point to the lighthouse at St Anthony Head.

2

In this Order—

a

the term “relevant British fishery limits” does not include—

i

the Northern Ireland zone;

ii

the territorial sea adjacent to Wales;

iii

the territorial sea adjacent to the Isle of Man;

iv

the territorial sea adjacent to the Bailiwick of Jersey; and

v

seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 19764 as extended to Guernsey.

b

the term “relevant British fishing boat” does not include a vessel whose entry in the register maintained under section 8 of the Merchant Shipping Act 19955 specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging.

Prohibition on deploying a scallop dredge3

No fishing boat shall deploy a scallop dredge in any part of the specified areas.

Prohibition on carrying a scallop dredge4

No fishing boat shall carry a scallop dredge in any part of the specified areas unless every part of the dredge is totally inboard the boat.

Powers of British sea-fishery officers5

1

For the purposes of enforcing this Order, a British sea-fishery officer may exercise the powers conferred by this article in relation to—

a

any fishing boat within relevant British fishery limits; and

b

any relevant British fishing boat wherever it may be, other than in the territorial sea adjacent to Wales.

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 appear to him to be necessary for the purpose of enforcing this Order 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; and

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 charterer of the boat has committed an offence under section 3(5) of the Sea Fish (Conservation) Act 1967 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;

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) 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 any provision of this Order has at any time taken place, he may—

a

require the master of the boat in relation to which the contravention took place to take, or 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 a 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.

Ben BradshawParliamentary Under Secretary of State,Department for Environment, Food and Rural Affairs
Paul MurphySecretary of State for Northern Ireland

(This note is not part of the Order)

This Order temporarily prohibits the deployment of scallop dredges in the estuaries of the Rivers Fal and Helford (article 3). The carriage of scallop dredges within the restricted area is also prohibited unless all parts of the dredge are completely inboard the boat (article 4).

The Order comes into force on 21st October 2003 and expires 1 year later (article 1(1)).

If any boat contravenes any restriction under this Order, the master, owner and charterer is guilty of an offence and is liable to a fine not exceeding £5,000 on summary conviction and on conviction on indictment to a fine (sections 3(5) and 11(1)(b) of the Sea Fish (Conservation) Act 1967). The court may also impose an additional fine not exceeding the value of the fish caught with the scallop dredge or order the dredge’s forfeiture (section 11(2)–(3) of the 1967 Act).

Additionally the Order confers powers of enforcement on British sea-fishery officers for the purposes of enforcing this Order. These powers may be exercised in relation to any fishing boat within relevant British fishery limits, and in relation to a relevant British fishing boat wherever it may be (article 5).

Powers to board vessels and to search for, examine and seize fishing gear for the enforcement of this Order are conferred on an officer of a local fisheries committee by virtue of section 17 of the 1967 Act. The area in which the prohibition applies corresponds with the area in which the Environment Agency has powers of a local fisheries committee by virtue of the order establishing the Cornwall Sea Fisheries District and Committee, made by the Board of Trade on 28th March 1890, as amended (in particular by the Cornwall Sea Fisheries District (Variation) Order 1980 (S.I.1980/805)).