The Scallop Fishing (Wales) Order 2005

Welsh Statutory Instruments

2005 No. 1717 (W.132)

SEA FISHERIES, WALES

CONSERVATION OF SEA FISH

The Scallop Fishing (Wales) Order 2005

Made

28 June 2005

Coming into force

29 June 2005

The National Assembly for Wales, in exercise of the powers conferred by sections 1, 3, 5, 15(3) and 20(1) of the Sea Fish (Conservation) Act 1967(1), and now vested in it(2), makes the following Order:

Title, commencement and application

1.—(1) The title of this Order is the Scallop Fishing (Wales) Order 2005.

(2) This Order applies in relation to Wales and comes into force on 29 June 2005.

(3) In this Order “Wales” has the same meaning as in section 155(1) of the Government of Wales Act 1998(3) and “Welsh waters” means those sea areas within Wales.

Interpretation

2.  In this Order —

“the Act” (“y Ddeddf”) means the Sea Fish (Conservation) Act 1967;

“baselines” (“gwaelodlinau”) has the same meaning as in the Territorial Sea Act 1987(4);

“British fishing boat” (“cwch pysgota Prydeinig”) means a fishing boat which is either registered in the United Kingdom under Part II of the Merchant Shipping Act 1995(5) or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act;

“equivalent order” (“gorchymyn cyfatebol”) means any other order made under sections 1, 3, 5 or 15 of the Act, creating prohibitions similar to any of those in articles 3, 4, 5, 6 and 7 of this Order and extending or applying to any part of the United Kingdom;

“scallop” (“cregyn bylchog”) means the species Pecten maximus;

“scallop dredge” (“llusgrwyd cregyn bylchog”) 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;

“tow bar” (“bar tynnu”) means any device or appliance which is capable of being used for the purpose of fixing or attaching a scallop dredge to a vessel for the purpose of enabling such a dredge to be towed by the vessel.

Restriction on number of scallop dredges

3.—(1) No British fishing boat is permitted, at any time, to tow more than 4 scallop dredges on each side of the boat in any part of Welsh waters which lie within 3 nautical miles of the shore, such distance being measured from baselines.

(2) No British fishing boat is permitted, at any time, to tow more than 8 scallop dredges on each side of the boat in any part of Welsh waters which lie beyond 3 nautical miles from the shore, such distance being measured from baselines.

Restriction on size of tow bars

4.—(1) No British fishing boat is permitted, at any time, in any part of Welsh waters that lie within 3 nautical miles of the shore, (such distances being measured from baselines), to use a tow bar unless that tow bar complies with the requirements of paragraph (2);

(2) The requirements referred to in paragraph (1) are as follows:

(a) a tow bar must not exceed 3.8 metres in length, and

(b) where a tow bar is 3.8 metres or less in length, it must not be constructed in such a way as to enable more than 4 scallop dredges to be attached to it at the same time.

(3) No British fishing boat is permitted at any time, in any part of Welsh waters that lie beyond 3 nautical miles from the shore, (such distance being measured from baselines), to use a tow bar unless that tow bar complies with the requirements of paragraph (4);

(4) The requirements referred to in paragraph (3) are as follows:

(a) a tow bar must not exceed 7.6 metres in length, and

(b) where a tow bar is 7.6 metres or less in length, it must not be constructed in such a way as to enable more than 8 scallop dredges to be attached to it at the same time.

Specification of scallop dredges

5.—(1) No British fishing boat is permitted to carry or tow a scallop dredge within Welsh waters unless in relation to such a dredge —

(a) its frame is less than or equal to 85 centimetres in width in any part;

(b) it includes a functioning, operational and moveable spring loaded tooth bar;

(c) it does not contain any attachments to the rear, top or inside of the dredge;

(d) it does not contain a diving plate or any other similar device; and

(e) the total weight of the dredge including all fittings does not exceed 150 kilogrammes.

(2) No British fishing boat is permitted to carry or tow a scallop dredge within Welsh waters unless —

(a) where the dredge measures 80 centimetres or more in breadth —

(i) the number of rows of belly rings hanging from the belly bar does not exceed 8 across;

(ii) where all of the teeth measure 12 millimetres or less, the number of teeth on the tooth bar does not exceed 9;

(iii) where any of the teeth measure more than 12 millimetres, the number of teeth on the tooth bar does not exceed 8;

(b) where the dredge measures less than 80 centimetres in breadth —

(i) the number of rows of belly rings hanging from the belly bar does not exceed 6; and

(ii) the number of teeth on the tooth bar does not exceed 6;

(c) it has no more than 1 row of belly rings hanging from either side of the dredge perpendicular to the rings which hang from the belly bar; and

(d) each tooth on the tooth bar measures no more than —

(i) 22 millimetres where the dredge measures 80 centimetres or more in breadth; or

(ii) 12 millimetres where the dredge measures less than 80 centimetres in breadth.

(3) In this article —

(a) a row of belly rings is a line of single interconnecting rings, where the ring at one end of the line hangs either from the belly bar or from the main structure of the dredge perpendicular to the belly bar;

(b) a belly bar is the bar attached to the frame of the dredge which runs parallel to the tooth bar and from which the belly rings hang;

(c) a tooth bar is the bar to which are attached teeth, the ends of which point downwards and which are intended to be in contact with the sea bed when the dredge is in operation;

(d) the size of a tooth is its maximum width measured in the direction of the line of the tooth bar.

(4) Belly rings and the fastenings which attach them to each other and to the frame are not to be regarded as attachments for the purpose of paragraph (1)(c).

Fishing Restrictions

6.—(1) For the purposes of section 1(3) of the Act, the minimum size of scallop that may be carried by a British fishing boat in Welsh waters is 110mm.

(2) Subject to paragraph (3) no person is to fish for, take or kill scallops in Welsh waters during the period 1 June to 31 October inclusive, in each year, by any means, including diving.

(3) In respect of calendar year 2005 the period referred to in paragraph 2 is to commence on 30 June.

Measurement of scallops

7.  For the purposes of article 6, the size of a scallop is to be measured in accordance with paragraph 6 of Annex XIII to Council Regulation (EC) No. 850/98 for the conservation of fishery resources through technical measures for the protection of juvenile marine organisms(6) as last amended by Council Regulation (EC) No. 602/2004 of 22 March 2004(7).

Powers of British sea-fishery officers

8.—(1) For the purposes of enforcing this Order or any equivalent order, a British sea fishery officer may exercise the powers conferred by this article in relation to any British fishing boat in Welsh waters.

(2) The officer may go on board the boat, with or without persons assigned to assist in that officer’s duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.

(3) The officer may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to the officer to be necessary for the purpose of enforcing this Order or any equivalent order as read with the Act and, in particular —

(i) 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 be necessary for facilitating the examination; and

(ii) may require any person on board the boat to produce any document which is in that person’s custody or possession relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board and may take copies of any such document;

(iii) for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under 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 the officer be necessary for facilitating the search;

(iv) if the boat is one in relation to which the officer has reason to suspect that such an offence has been committed, may subject to paragraph (4) seize and detain any such document produced or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;

(4) Nothing in paragraph (3)(iv) permits 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) A British sea-fishery officer to whom it appears that a contravention of any provision of this Order has at any time taken place may —

(a) require the master of the boat to take the boat and its crew to the port which appears 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 the officer 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.

Revocation

9.  The Undersized Scallops (West Coast) Order 1984(8), the Scallop (Irish Sea) (Prohibition of Fishing) Order 1984(9), and the Scallop (Irish Sea) (Prohibition of Fishing) (Variation) Order 1986(10) are revoked insofar as they apply in relation to Wales.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(11).

D. Elis-Thomas

The Presiding Officer of the National Assembly

28 June 2005

Explanatory Note

(This note is not part of the Order)

This Order, which applies in relation to Wales, regulates scallop fishing in “Welsh waters”. For the purposes of the Order “Welsh waters” are defined as being those sea areas falling within “Wales” as defined by section 155(1) of the Government of Wales Act 1998.

Article 3 of the Order limits the number of scallop dredges which British fishing boats may tow.

Article 4 provides restrictions as to the size of tow bars which may be used by British fishing boats.

Article 5 fixes the specification of scallop dredges which may be carried or towed.

Article 6 fixes the minimum size of scallop which may be carried by a British fishing boat and also provides for a closed season in respect of scallop fishing, being a period commencing on the 30 June in 2005, and on 1 June in each subsequent year thereafter, and ending on the 31 October.

Article 7 provides the means by which scallops are to be measured for the purposes of Article 6.

Article 8 provides for British sea fishery officers to have certain powers to board, search and detain British fishing vessels and to inspect, copy and detain documents.

Article 9 revokes the Undersized sScallops (West Coast) Order 1984, the Scallops (Irish Sea) (Prohibition of Fishing) Order 1984 and the Scallops (Irish Sea) (Prohibition of Fishing) (Variation) Order 1986 insofar as they apply in relation to Wales.

A regulatory appraisal has been undertaken in respect of this Order and is available for inspection at the offices of the National Assembly for Wales, Department for Environment, Planning and Countryside, Cathays Park, Cardiff, CF10 3NQ.

(1)

1967 c. 84. Section 1 was substituted by the Fisheries Act 1981 (c. 29), section 19(1) and the Merchant Shipping Act 1995 (c. 21), Schedule 13, paragraph 38(a) and the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), Schedule 2, paragraph 43(1), (2) and (3). Section 3 was amended by the Fishery Limits Act 1976 (c. 86), Schedule 2, paragraph 16(1), the Inshore Fishing (Scotland) Act 1984 (c. 26), Schedule 1 and S.I. 1999/1820, Schedule 2, paragraph 43(1), (2) and (4). Section 15(3) was substituted by the Sea Fisheries Act 1968 (c. 77), Schedule 1, paragraph 38(3) and amended by the Fishery Limits Act 1976 (c. 86), Schedule 2, paragraph 16(1) and S.I. 1999/1820, Schedule 2, paragraph 43(2)(b). See section 22(2)(a) for definitions of “the Ministers” for the purposes of sections 3 and 15(3); section 22(2) was amended by the Fisheries Act 1981 (c. 29), sections 19(2)(d) and 45(b) and (c) and by S.I. 1999/1820, Schedule 2, paragraph 43(12).

(2)

By virtue of article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the functions exercisable under sections 1, 3, 5, 15(3) and 20 of the 1967 Act were transferred to the National Assembly in so far as exercisable in relation to Wales (defined in section 155(1) of the Government of Wales Act 1998 (c. 38) as including “the sea adjacent to Wales out as far as the seaward boundary of the territorial sea”).

(3)

1998 c. 38.

(4)

1987 c. 49.

(5)

1995 c. 21.

(6)

OJ No. L125, 27.4.1998, p.1.

(7)

OJ No. L097, 1.4.2004, p.30.

(8)

S.I. 1984/1522

(9)

S.I.1984/1523

(10)

S.I.1986/988

(11)

1998 c. 38.