2007 No. 809
The Undersized Bass Order 2007
Made
Laid before Parliament
Coming into force
The Secretary of State for Environment, Food and Rural Affairs makes this Order in exercise of the powers conferred by—
Title, extent and commencement1
1
This Order—
a
may be cited as the Undersized Bass Order 2007;
b
subject to paragraph (2), does not form part of the law of Scotland or Northern Ireland; and
c
comes into force on 6th April 2007.
2
Nothing in paragraph (1)(b) prejudices the effect of section 14 of the Act in relation to, or for purposes incidental to, any provision that creates an offence.
Interpretation2
1
In this Order—
“the Act” means the Sea Fish (Conservation) Act 1967;
“bass” means fish of the species Dicentrarchus labrax;
“Isle of Man, Jersey or Guernsey fishing boat” means any fishing boat registered in the Isle of Man, Jersey or Guernsey respectively;
“Northern Ireland fishing boat” means any fishing boat registered under the Merchant Shipping Act 19954 as belonging to a port in Northern Ireland;
“Northern Ireland zone” means the sea within British fishery limits which is adjacent to Northern Ireland.
2
Any reference, other than a reference in article 9, to “British fishery limits” excludes the sea adjacent to Wales out as far as the seaward boundary of the territorial sea.
Prohibition on landing and sale etc. of undersized bass3
For the purposes of section 1(1) and (2) of the Act, in its application in England, the size prescribed for bass is 40 centimetres, from the tip of the snout to the end of the tail fin.
Exemption from prohibition on landing4
The prohibition in section 1(1) of the Act, as read with this Order, does not apply to bass that is—
a
landed by a foreign fishing boat, other than an Isle of Man, Jersey or Guernsey fishing boat; or
b
farmed commercially.
Exemptions from prohibition on sale etc. of undersized bass5
The prohibition in section 1(2) of the Act, as read with this Order, does not apply to bass that is—
a
landed or caught by a foreign fishing boat, other than an Isle of Man, Jersey or Guernsey fishing boat; or
b
farmed commercially.
Prohibition on carrying undersized bass6
For the purposes of section 1(3) of the Act in its application to any—
a
relevant British fishing boat;
b
Scottish fishing boat; or
c
Isle of Man, Jersey or Guernsey fishing boat,
in British fishery limits, the size prescribed for bass is 40 centimetres, from the tip of the snout to the end of the tail fin.
Mesh sizes7
1
For the purposes of section 3(1) of the Act in its application to any—
a
relevant British fishing boat registered in the United Kingdom; or
b
Isle of Man, Jersey or Guernsey fishing boat,
that is fishing for bass in British fishery limits, the mesh size of any enmeshing gear, including any gill, tangle, drift or trammel net, carried in that boat must be not less than 100 millimetres.
2
Any boat that has a by-catch of bass of more than 10% of the total catch by weight is to be treated as fishing for bass within the meaning of this article.
Exemptions from prohibition on carrying undersized bass etc.8
Articles 6 and 7 do not apply to any Scottish fishing boat, Northern Ireland fishing boat or Isle of Man, Jersey or Guernsey fishing boat in—
a
the Northern Ireland zone;
b
the Scottish zone; or
c
the territorial sea adjacent to the Isle of Man, Jersey5 or Guernsey.
Powers of British sea-fishery officers9
1
For the purposes of enforcing this Order, a British sea-fishery officer may exercise the powers conferred by this article—
a
in relation to any fishing boat subject to the provisions of this Order in any waters adjacent to the United Kingdom and within relevant British fishery limits; and
b
in relation to any relevant British fishing boat anywhere outside those limits.
2
Paragraph (1) does not apply to a Northern Ireland fishing boat in the Northern Ireland zone or anywhere outside British fishery limits.
3
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.
4
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 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;
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 1(1), (2) or (3) or section 3(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) 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.
5
Where it appears to a British sea-fishery officer that a contravention of any provisions 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 must 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.
Revocation10
The Undersized Bass Order 19896 is revoked in relation to England.
(This note is not part of the Order)