UK Offence Report

The Prohibition of Fishing with Multiple Trawls (Scotland) Order 2000

Scottish Statutory Instrument 2000 No. 226 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
5 July 2000
In force from
3 August 2000
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
Sea Fish (Conservation) Act 1967

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order re-enacts with amendments the Norway Lobsters (Prohibition of Method of Fishing) Order 1993 (S.I. 1993/1887) (“the 1993 Order”). The Order provides for stricter measures for the management and conservation of stocks pursuant to Article 46 of Council Regulation (EC) 850/98 of 30th March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (O.J. No. L 125, 27.4.98, p.1.) (“Regulation 850/98”). The Order forms part of the law of Scotland only. The Order prohibits fishing with any trawl other than a single trawl. The prohibition in the 1993 Order related only to fishing for Norway lobsters. The prohibition in this Order is not so confined. The prohibition applies to a Scottish fishing boat wherever it may be and to any other British fishing boat within the Scottish zone (article 3 (1)). The Order introduces a definition of “single trawl” (article 2(1)). The prohibition does not apply to beam trawlers, to fishing in certain areas with a trawl having a specified mesh size of not less than 80 millimetres or to fishing in any area with a trawl having a mesh size of 100 millimetres or more (article 3(2)). An area “the Fladen Ground” was excepted from the prohibition in the 1993 Order. This Order applies the exception to an extended area “the Fladen area” (article 2(1)). In the enlarged Fladen area there is introduced a minimum mesh size of 80 millimetres for any trawl other than a single trawl (article 3(2)(b)). (Regulation 850/98 provides for a mesh size of 70 millimetres.) Amendment is also made to reflect Regulation 850/98 by removing references to “protected species”. British Sea fishery officers are given certain enforcement powers for the purpose of the enforcement of the Order (article 4). The 1993 Order is revoked (article 5). Offences are prescribed by sections 5(1) and (6) of the Sea Fish (Conservation) Act 1967 (c. 84) and penalties by section 11 of that Act, as amended by section 24(1) of the Fisheries Act 1981 (c. 29).

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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