The Lobsters and Crawfish (Prohibition of Fishing and Landing) (Wales) Order 2002

Interpretation

2.—(1) In this Order—

  • “crawfish” (“cimwch coch”) means crawfish of the species Palinurus elephas and Palinurus mauritanicus;

  • “flap” (“llabed”) 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” (“cimwch”) means lobster of the species Homarus gammarus;

  • “mutilated” (“wedi'i lurgunio”) 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;

  • “V notch” means a marking in the shape of the letter “V” with a depth of at least 5mm 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 the term “any equivalent order” means any other order made under sections 5 or 6 of the Sea Fish (Conservation) Act 1967, applying 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.

(3) For the purposes of this Order, “the territorial sea adjacent to Wales” shall be determined in accordance with the provisions of section 1 of the Territorial Sea Act 1987(1) and with any provisions made or having effect as if made under that section. The boundary between those parts of the sea within the Severn and Dee Estuaries which are to be treated as being territorial seas adjacent to Wales, and those which are not, shall in each case be determined in accordance with Article 6 and Schedule 3 of the National Assembly for Wales (Transfer of Functions) Order 1999.