2015 No. 2076 (W. 312)
The Specified Crustaceans (Prohibition on Fishing, Landing, Sale and Carriage) (Wales) Order 2015
Made
Laid before the National Assembly for Wales
Coming into force
Title, commencement and application1
1
The title of this Order is the Specified Crustaceans (Prohibition on Fishing, Landing, Sale and Carriage) (Wales) Order 2015 and it comes into force on 1 February 2016.
2
Subject to paragraph (3), this Order applies in relation to Wales.
3
Articles 3(f), (g), (h) and (i) and 6(1)(f) apply in relation to Wales and the Welsh zone.
Interpretation2
In this Order—
-
“the Act” (“y Ddeddf“) means the Sea Fish (Conservation) Act 1967 F3;
-
“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 F4 or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act;
-
“crawfish” (“cimwch coch”) means crawfish of the species Palinurus elephas and Palinurus mauritanicus;
-
“edible crab” (“cranc coch”) means crab of the species Cancer pagurus;
-
“foreign vessel” (“llong dramor”) means any fishing boat other than a British fishing boat;
-
“green crab” (“cranc gwyrdd”) means crab of the species Carcinus maenas;
-
“lobster” (“cimwch”) means lobster of the species Homarus gammarus;
-
“mutilated” (“wedi ei 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;
-
“size” (“maint”) means—
- a
in relation to a crawfish, the length of the carapace, along the midline, from the tip of the central rostral spine to the distal edge of the carapace, as shown in Diagram 1 in the Schedule to this Order,
- b
in relation to an edible crab, the width of the carapace measured across the broadest part of the back, as shown in Diagram 2 in the Schedule to this Order,
- c
in relation to a lobster, the length of the carapace, measured parallel to the mid-line from the back of either eye socket to the distal edge of the carapace, as shown in Diagram 3 in the Schedule to this Order,
- d
in relation to a spider crab, the length of the carapace, along the midline, from the edge of the carapace between the rostrums to the posterior edge of the carapace, as shown in Diagram 4 in the Schedule to this Order, and
- e
in relation to a velvet crab, the width of the carapace measured across the broadest part, excluding spines, of the back, as shown in Diagram 2 in the Schedule to this Order;
- a
-
“spider crab” (“cranc heglog”) means crab of the species Maia spp;
-
“velvet crab” (“cranc llygatgoch”) means crab of the species Necora puber;
-
“V notch” (“hollt v”) means a marking in the shape of a letter “V” cut into at least one of the five flaps of the tail of any lobster or crawfish, with the apex of the letter “V” positioned inward from the edge of the flap;
-
“Wales” (“Cymru”) has the same meaning as it has by virtue of section 158 of the Government of Wales Act 2006 F5; and
-
“Welsh zone” (“parth Cymru”) has the same meaning as it has by virtue of section 158 of the Government of Wales Act 2006 F6.
Fishing prohibition for specified crawfish, lobster, edible crab, spider crab and velvet crab3
1
Fishing for—
a
crawfish with a size of less than 110 millimetres;
b
lobster with a size of less than 90 millimetres;
c
edible crab with a size of less than 140 millimetres;
d
female spider crab with a size of less than 120 millimetres;
e
male spider crab with a size of less than 130 millimetres;
f
velvet crab with a size of less than 65 millimetres;
g
a mutilated crawfish;
h
a mutilated lobster; or
i
any crawfish or lobster bearing a V notch, is prohibited.
2
Fishing from foreign vessels is exempted from the prohibition imposed by paragraph (1).
Prohibitions on landing of specified crawfish, lobster, edible crab, green crab, spider crab and velvet crab4
1
For the purposes of section 1(1) of the Act (which prohibits the landing of any sea fish of any description which does not meet the requirements as to size as may be prescribed in relation to sea fish of that description), it is prescribed that the minimum size for—
a
crawfish, is 110 millimetres;
b
lobster, is 90 millimetres;
c
edible crab, is 140 millimetres;
d
female spider crab, is 120 millimetres;
e
male spider crab, is 130 millimetres; and
f
velvet crab, is 65 millimetres.
2
Landing from foreign vessels is exempted from the prohibition imposed by section 1(1) of the Act as read with paragraph (1).
3
The landing of any—
a
mutilated crawfish;
b
mutilated lobster;
c
crawfish or lobster bearing a V notch; or
d
claw or other detached part of any edible crab, green crab, spider crab or velvet crab,
wherever caught, is prohibited.
4
Landing from foreign vessels is exempted from the prohibition imposed by paragraph (3).
Prohibitions on sale, exposure or offer for sale or possession of specified crawfish, lobster, edible crab, spider crab and velvet crab5
1
For the purposes of section 1(2) of the Act (which prohibits the sale, exposure or offer for sale or possession for the purpose of sale of any sea fish of any description which does not meet the requirements as to size as may be prescribed in relation to sea fish of that description), it is prescribed that the minimum size for—
a
crawfish, is 110 millimetres;
b
lobster, is 90 millimetres;
c
edible crab, is 140 millimetres;
d
female spider crab, is 120 millimetres;
e
male spider crab, is 130 millimetres; and
f
velvet crab, is 65 millimetres.
2
The sale, exposure or offer for sale or possession for the purpose of sale of the specified crawfish, lobster, edible crab, spider crab or velvet crab which are landed from foreign vessels is exempt from the prohibition imposed by section 1(2) of the Act as read with paragraph (1).
3
The sale, exposure or offer for sale of any—
a
mutilated crawfish;
b
mutilated lobster;
c
crawfish or lobster bearing a V notch; or
d
claw or other detached part of any edible crab, green crab, spider crab or velvet crab,
wherever caught, is prohibited.
4
The sale, exposure or offer for sale of the specified crawfish, lobster or crab parts which are landed from foreign vessels is exempt from the prohibition imposed by paragraph (3).
Prohibitions on carriage of specified crawfish, lobster, edible crab, green crab, spider crab and velvet crab on a British fishing boat6
1
For the purposes of section 1(3) of the Act (which prohibits the carriage on specified fishing boats of any sea fish of any description which does not meet the requirements as to size prescribed in relation to sea fish of that description), it is prohibited for a British fishing boat to carry any—
a
crawfish with a size of less than 110 millimetres;
b
lobster with a size of less than 90 millimetres;
c
edible crab with a size of less than 140 millimetres;
d
female spider crab with a size of less than 120 millimetres;
e
male spider crab with a size of less than 130 millimetres; and
f
velvet crab with a size of less than 65 millimetres.
2
The carriage on a British fishing boat in Wales of—
a
a mutilated crawfish;
b
a mutilated lobster;
c
any crawfish or lobster bearing a V notch;
d
a claw or any other detached part of an edible crab, a green crab, a spider crab or a velvet crab,
wherever caught, is prohibited.
Revocations and consequential amendments7
1
The following Orders are revoked in relation to Wales—
a
the Undersized Crabs Order 1986 F7;
b
the Undersized Crabs (Variation) Order 1989 F8;
c
the Undersized Lobsters Order 1993 F9;
d
the Lobster and Crawfish (Prohibition of Fishing and Landing) (Wales) Order 2002 F10;
e
the Undersized Spider Crabs (Wales) Order 2002 F11.
2
The Lobster and Crawfish (Prohibition of Fishing and Landing) Order 2000 F12 is revoked in relation to the area of the Welsh zone that lies beyond Wales.
3
The Undersized Velvet Crabs Order 1989 F13 is revoked in relation to Wales and the Welsh zone.
4
The following Byelaws of the former South Wales Sea Fisheries Committee F14 are revoked in relation to Wales—
a
Byelaw 3 (Lobster – Minimum size) F15;
b
Byelaw 5 (Protection of V-Notched Lobsters) F16;
c
Byelaw 6 (Crabs – Minimum size) F17;
d
Byelaw 7 (Crawfish – Minimum size) F18; and
e
Byelaw 46 (Parts of Crustacean Shellfish) F19.
5
The following Byelaws of the former North Western and North Wales Sea Fisheries Committee F20 are revoked in relation to Wales—
a
Byelaw 29 (Minimum size of Lobster) F21; and
b
Byelaw 31 (Protection of V-Notched Lobsters) F22.
6
In the Marine and Coastal Access Act 2009 (Commencement No. 1, Consequential, Transitional and Savings Provisions) (England and Wales) Order 2010 F23—
a
in the Table in Schedule 3, delete the rows relating to Byelaws 3, 5, 6, 7 and 46; and
b
in the Table in Schedule 4, delete the rows relating to Byelaws 29 and 31.
7
In Byelaw 19 (Specified Fish Sizes) F24 of the former North Western and North Wales Sea Fisheries Committee F25, in the Table specifying minimum shellfish size, delete the rows relating to Crawfish (Palinurus spp), Edible Crab (Cancer pagurus), Lobster (Homarus gammarus), Spider Crab (Maja squinado) and Velvet Crab (Liocarcinus puber).
SCHEDULEMEASUREMENT OF SIZE OF SPECIFIED CRUSTACEANS
Diagram 1 (Crawfish)
Diagram 2 (Edible Crab and Velvet Crab)
Diagram 3 (Lobster)
Diagram 4 (Spider Crab)
1967 c. 84 (“the 1967 Act”). Section 1 of the 1967 Act was substituted by the Fisheries Act 1981 (c. 29), section 19(1). Section 1(1) of the 1967 Act was amended by the Marine and Coastal Access Act 2009 (c. 23) (“the 2009 Act”), section 194(1) and (2) and S.I. 1999/1820, article 4, Schedule 2, Part 1, paragraphs 43(1), (2)(a). Section 1(2) of the 1967 Act was amended by the 2009 Act, section 194(1) and (3) and S.I. 1999/1820, article 4, Schedule 2, Part 1, paragraph 43(1), (2)(a). Section 1(3) of the 1967 Act was substituted by the 2009 Act, section 194(1) and (4). Section 1(4) of the 1967 Act was amended by the 2009 Act, section 201, Schedule 15, paragraph 1(1), (2)(a) and (b). See section 1(9) for a definition of “the appropriate national authority”. Section 1(9) was inserted by the 2009 Act, section 194(1) and (5) and amended by S.I. 2010/760, article 4(2) and (3). Section 5(1) was substituted by the 2009 Act, section 198(1) and (2). Section 5(2) was amended by the 2009 Act, section 201, Schedule 15, paragraph 3(1) and (2). See section 5(9) for a definition of “the appropriate national authority”. Section 5(9) was inserted by the 2009 Act, section 198(3) and amended by S.I. 2010/760, article 4(2) and (4). Section 6(1) was amended by S.I. 1999/1820, article 4, Schedule 2, Part I, paragraph 43(1) and (6)(a). Section 22(2) of the 1967 Act, which contains a definition of “the Ministers” was amended by the Fisheries Act 1981 (c. 29), section 19(2)(d) and (3) and 45 and 46, Schedule 5, Part II and S.I. 1999/1820, article 4, Schedule 2, Part I, paragraph 43(1) and (12), Part IV. The functions of the Ministers exercisable under sections 6(1) and 20(1) of the 1967 Act and the function of the Board of Trade in section 6(1) of the 1967 Act were transferred to the National Assembly for Wales (as constituted under the Government of Wales Act 1998 (c. 38)) in so far as exercisable in relation to Wales, by virtue of article 2(a) of and Schedule 2 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). In so far as those functions are exercisable in relation to the Welsh zone, those functions have been transferred to the Welsh Ministers by virtue of article 4(1)(e) of the Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760).