The Lobsters and Crawfish (Prohibition of Fishing and Landing) Order 2000

UK Statutory Instrument 2000 No. 874 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 24 March 2000
In force from: 17 April 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 prohibits fishing for, and landing of, lobsters and crawfish bearing a V notch or mutilated in such a manner as to obscure a V notch by both relevant British fishing boats and Scottish fishing boats (Articles 3 and 4). The Order also gives British sea-fishery officers further enforcement powers in relation to relevant British fishing boats and Scottish fishing boats (article 5). They already have powers under section 15(2) of the Sea Fish (Conservation) Act 1967 (“the 1967 Act”), as amended by the Fisheries Act 1981, to seize any fish in respect of which an offence has been or is being committed under sections 5(1) and (6) and 6 of the 1967 Act. By virtue of respectively sections 5(1) and 6(5) of the Sea Fish (Conservation) Act 1967 it is an offence to fish for or land such lobsters or crawfish in contravention of this Order. Section 5(6) of that Act provides that any fish caught in contravention of the Order shall (subject to section 9 of the 1967 Act) be returned to the sea forthwith. Section 5(7) provides that where subsection (6) is not complied with the master, the owner and the charterer (if any) of the fishing boat shall each be guilty of an offence. Penalties are prescribed by section 11 of the 1967 Act, as amended by the Fisheries Act 1981 and the Criminal Justice Act 1991. The Order does not form part of the law of Scotland. It does not apply in relation to fishing activities within the territorial sea of Wales or to landings in Wales. This Order is made in reliance on Article 46.1 of Council Regulation (EC) No. 850/98 (OJ No. L125, 27.4.98, p.1), for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms, which authorises Member States to take certain national measures for the conservation and management of stocks. A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from Fisheries Division III of the Ministry of Agriculture, Fisheries and Food, Room 421d, Nobel House, 17 Smith Square, London SW1P 3JR.

Offences created by this instrument

Contravention of The Lobsters and Crawfish (Prohibition of Fishing and Landing) Order 2000 the instrument as a whole · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Fisheries Bill [Lords] (Third sitting) Commons · Public Bill Committees · 10 September 2020 · Victoria Prentis
That is what I believe to be the case, but I want to check that. This special marine area is a fascinating area of law. I cannot pretend that I know all the answers at the moment, so I will get back to the hon. Gentleman if I have told him the wrong thing. Otherwise, we will leave it as stated. Amendment 17 agreed to. Amendments made: 18, in schedule 2, page 44, line 19, leave out from “prohibition)” to end of line 20 and insert— (a) in paragraph (1) omit “wherever caught”; (b) in paragraph (2), after “applies” insert “(wherever caught)”; (c) after paragraph (2) insert— “(3) The landing in…
Fisheries Bill [Lords] (Third sitting) Commons · Public Bill Committees · 10 September 2020 · Victoria Prentis
These are very technical amendments, and it is difficult to get our order and our arguments in the same place. Amendments 11 to 16 make changes to paragraph (2) of schedule 2, which amends the Undersized Velvet Crabs Order 1989 and indeed extends it to foreign vessels, in answer to the hon. Gentleman’s question. The amendments remove unnecessary references to Scottish fishing boats, so that the order applies effectively to Northern Ireland. The amendments also ensure that the restrictions in the order do not apply to foreign vessels when they catch fish outside British fishery limits.…

How Parliament handled it

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