The Scallop Fishing (Wales) (No.2) Order 2010

Title, commencement and application E+W

1.—(1) The title of this Order is the Scallop Fishing (Wales) (No. 2) Order 2010.

(2) This Order applies in relation to Wales and comes into force on 1 March 2010.

Commencement Information

I1 Art. 1 in force at 1.3.2010, see art. 1(2)

Interpretation E+W

2.  In this Order, unless the context requires otherwise—

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

• “baselines” (“gwaelodlinau”) means the baselines from which the breadth of the territorial sea is measured for the purposes of the Territorial Sea Act 1987(1);

• F1 ...

• “equivalent provision” (“darpariaeth gyfatebol”) means a provision in any other order extending or applying to any part of the United Kingdom which has equivalent effect to a provision in this Order;

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

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

• “Wales” (“Cymru”) has the meaning given in section 158 of the Government of Wales Act 2006(2); and

• “Welsh waters” (“dyfroedd Cymru”) means sea areas within Wales.

Textual Amendments

F1 Words in art. 2 omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 16(2)(a) (with s. 50, Sch. 4 para. 31)

Commencement Information

I2 Art. 2 in force at 1.3.2010, see art. 1(2)

Fishing restrictions E+W

3.  No [F2 fishing boat] is permitted, at any time, to fish for, take or kill scallops using a scallop dredge in Welsh waters, unless that boat’s engine has a power output not exceeding 221 kilowatts.

Textual Amendments

F2 Words in art. 3 substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 16(3)(a), (4)(a) (with s. 50, Sch. 4 para. 31)

Commencement Information

I3 Art. 3 in force at 1.3.2010, see art. 1(2)

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

(2) In respect of the calendar year 2010 the period referred to in paragraph (1) is to commence on 1 June 2010.

Commencement Information

I4 Art. 4 in force at 1.3.2010, see art. 1(2)

Restrictions on number and use of scallop dredges E+W

5.  No [F3 fishing boat] is permitted, at any time, to fish for, take or kill scallops using a scallop dredge in any part of Welsh waters which lie within 1 nautical mile of baselines.

Textual Amendments

F3 Words in art. 5 substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 16(3)(a), (4)(b) (with s. 50, Sch. 4 para. 31)

Commencement Information

I5 Art. 5 in force at 1.3.2010, see art. 1(2)

6.  No [F4 fishing boat] is permitted, at any time, to fish for, take or kill scallops using a scallop dredge— E+W

(a) in any part of Welsh waters which lies beyond 1 nautical mile and within 3 nautical miles of baselines, unless that boat’s overall length does not exceed 10 meters and it is towing no more than 6 scallop dredges in total;

(b) in any part of Welsh waters which lies beyond 3 nautical miles and within 6 nautical miles of baselines, unless that boat is towing no more than 8 scallop dredges in total; and

(c) in any part of Welsh waters which lies beyond 6 nautical miles and within 12 nautical miles of baselines, unless that boat is towing no more than 14 scallop dredges in total.

Textual Amendments

F4 Words in art. 6 substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 16(3)(a), (4)(b) (with s. 50, Sch. 4 para. 31)

Commencement Information

I6 Art. 6 in force at 1.3.2010, see art. 1(2)

7.  When not in use in accordance with the provisions of this Order all scallop dredges must be inboard, stowed and secured. E+W

Commencement Information

I7 Art. 7 in force at 1.3.2010, see art. 1(2)

Restriction on size of tow bars E+W

8.—(1) No [F5 fishing boat] is permitted, at any time, in any part of Welsh waters which lies beyond 1 nautical mile and within 3 nautical miles of baselines, to use a tow bar in connection with fishing for, taking or killing scallops, unless that tow bar–

(a) does not exceed 3 metres in length; and

(b) is not constructed in a way which enables more than 3 scallop dredges to be attached to it at the same time.

(2) No [F6 fishing boat] is permitted, at any time, in any part of Welsh waters which lies beyond 3 nautical miles and within 6 nautical miles of baselines, to use a tow bar in connection with fishing for, taking or killing scallops, unless that tow bar–

(a) does not exceed 4 metres in length; and

(b) is not constructed in a way which enables more than 4 scallop dredges to be attached to it at the same time.

(3) No [F7 fishing boat] is permitted, at any time, in any part of Welsh waters which lies beyond 6 nautical miles and within 12 nautical miles of baselines, to use a tow bar in connection with fishing for, taking or killing scallops, unless that tow bar–

(a) does not exceed 6.8 metres in length; and

(b) is not constructed in a way which enables more than 7 scallop dredges to be attached to it at the same time.

Textual Amendments

F5 Words in art. 8(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 16(3)(a), (4)(c) (with s. 50, Sch. 4 para. 31)

F6 Words in art. 8(2) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 16(3)(a), (4)(c) (with s. 50, Sch. 4 para. 31)

F7 Words in art. 8(3) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 16(3)(a), (4)(c) (with s. 50, Sch. 4 para. 31)

Commencement Information

I8 Art. 8 in force at 1.3.2010, see art. 1(2)

9.  No [F8 fishing boat] is permitted at any time, in any part of Welsh waters to use any tow bar in connection with fishing for, taking or killing scallops, which exceeds 185 millimetres in external diameter. E+W

Textual Amendments

F8 Words in art. 9 substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 16(3)(a), (4)(c) (with s. 50, Sch. 4 para. 31)

Commencement Information

I9 Art. 9 in force at 1.3.2010, see art. 1(2)

Specification of scallop dredges E+W

10.—(1) Subject to the provisions of this article, no [F9 fishing boat] is permitted to tow any scallop dredge within Welsh waters unless in relation to such a dredge—

(a) no part of its frame is greater than 85 centimetres wide;

(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;

(e) the total weight of the dredge including all fittings does not exceed 150 kilograms;

(f) the number of belly rings in each row suspended from the belly bar does not exceed 7;

(g) the number of teeth on the tooth bar does not exceed 8; and

(h) each tooth on the tooth bar measures no more than 22 millimetres in diameter and 110 millimetres in length.

(2) 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 are intended to be in contact with the sea bed when the dredge is in operation;

(d) the diameter of a tooth is its maximum width measured in the direction of the line of the tooth bar; and

(e) the length of a tooth is the distance between the underside of the tooth bar and the tip of the tooth.

(3) 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).

Textual Amendments

F9 Words in art. 10(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 16(3)(a), (4)(d) (with s. 50, Sch. 4 para. 31)

Commencement Information

I10 Art. 10 in force at 1.3.2010, see art. 1(2)

Minimum size of scallop E+W

11.—(1) For the purposes of section 1(3) of the Act, the minimum size of scallop that may be carried by a [F10 fishing boat] in Welsh waters is 110 millimetres.

[F11 (2) For the purposes of paragraph (1), the size of a scallop is to be measured in accordance with paragraph 6 of Annex 4 to Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures as amended from time to time.]

Textual Amendments

F10 Words in art. 11(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 16(3)(a), (4)(e) (with s. 50, Sch. 4 para. 31)

F11 Art. 11(2) substituted (1.11.2019) by The Sea Fishing (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/1332), regs. 1(2), 3

Commencement Information

I11 Art. 11 in force at 1.3.2010, see art. 1(2)

Prohibition on dredging E+W

12.  Notwithstanding articles 3 to 11 of this Order fishing for, taking or killing of scallops by the use of a scallop dredge by [F12 fishing boats] is prohibited in the areas designated in the Schedule to this Order.

Textual Amendments

F12 Words in art. 12 substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 16(5)(a) (with s. 50, Sch. 4 para. 31)

Commencement Information

I12 Art. 12 in force at 1.3.2010, see art. 1(2)

Powers of British sea-fishery officers E+W

13.—(1) For the purposes of enforcing this Order or any equivalent provision, a British sea fishery officer may exercise the powers conferred by this article in relation to any fishing boat to which this Order applies 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 may require the boat to stop and do anything else which will facilitate boarding or disembarkation.

(3) The officer may require the attendance of the master and other persons on board the boat and may make any examination and inquiry as appears to the officer to be necessary for the purpose mentioned in paragraph (1), and in particular may—

(a) search for fish or fishing gear on the boat and 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 the officer to be necessary for facilitating the examination;

(b) require any person on board the boat to produce any document in that person’s custody or possession relating to the boat, to any fishing or ancillary operations or to persons on board;

(c) 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 or any equivalent provision, search the boat for any such document and may require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search;

(d) inspect and copy any such document produced or found on board the boat and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and

(e) where the boat is one in relation to which the officer has reason to suspect that an offence under this Order or an equivalent provision has been committed, subject to paragraph (4), seize and detain any such document produced or found on board the boat for the purpose of enabling the document to be used as evidence in proceedings for the offence.

(4) Nothing in paragraph 3(e) 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) Where it appears to a British sea-fishery officer that an offence under this Order or any equivalent provision has at any time been committed in relation to a fishing boat, the officer may–

(a) take, or require the master of the boat to take, the boat and its crew to the port which appears to the officer be the nearest convenient port; and

(b) detain or require the master to detain the boat in the port.

(6) A British sea-fishery officer who detains or requires the detention of a boat must serve on the master a written notice stating that the boat is, or is required to be, detained until the notice is withdrawn by the service on the master of a further written notice signed by a British sea-fishery officer.

(7) In this article, “officer” (“swyddog”) means British sea-fishery officer.

Commencement Information

I13 Art. 13 in force at 1.3.2010, see art. 1(2)

Revocation E+W

14.  The following Orders are revoked, namely–

(a) the Prohibition of Fishing for Scallops (Wales) Order 2009(3); and

(b) the Scallop Fishing (Wales) Order 2010(4).

Commencement Information

I14 Art. 14 in force at 1.3.2010, see art. 1(2)

Elin Jones

Minister for Rural Affairs, one of the Welsh Ministers.