The Specified Crustaceans (Prohibition on Fishing, Landing, Sale and Carriage) (Wales) Order 2015 / Gorchymyn Cramenogion Penodedig (Gwahardd eu Pysgota, eu Glanio, eu Gwerthu a’u Cludo) (Cymru) 2015

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

This Order makes provision regarding fishing for, landing, sale, exposure or offer for sale, possession for the purposes of sale and carriage of specified crustaceans in Wales and the Welsh zone.

This Order revokes, replaces and remakes with amendments the provisions of the Undersized Crabs Order 1986 ( S.I. 1986/497 ), the Undersized Velvet Crabs Order 1989 ( S.I. 1989/919 ), the Undersized Crabs (Variation) Order 1989 ( S.I. 1989/2443 ), the Undersized Lobsters Order 1993 ( S.I. 1993/1178 ), the Lobster and Crawfish (Prohibition of Fishing and Landing) Order 2000 ( S.I. 2000/874 ), the Lobster and Crawfish (Prohibition of Fishing and Landing) (Wales) Order 2002 ( S.I. 2002/676 (W. 73) ) and the Undersized Spider Crabs (Wales) Order 2002 ( S.I. 2002/1897 (W. 198) ). Paragraphs (1) to (3) of article 7 of this Order make the necessary revocations.

The provisions of the subordinate legislation mentioned above which provide enforcement powers for British sea-fishery officers are not replicated in this Order because the enforcement of the provisions consolidated in this Order is now undertaken by Marine Enforcement Officers (pursuant to powers found in Part 8 of the Marine and Coastal Access Act 2009 (c. 23) ) and not by British sea-fishery officers.

The Order also revokes, replaces and remakes with amendments Byelaws 3 (Lobster – Minimum size), 5 (Protection of V-Notched Lobsters), 6 (Crabs – Minimum size), 7 (Crawfish – Minimum size) and 46 (Parts of Crustacean Shellfish) of the former South Wales Sea Fisheries Committee (“ SWSFC ”) and Byelaws 29 (Minimum size of Lobster) and 31 (Protection of V-Notched Lobsters) of the former North Western and North Wales Sea Fisheries Committee (“ NWNWSFC ”). Paragraphs (4) and (5) of article 7 of this Order make the necessary revocations. Various parts of Byelaw 19 (Specified Fish Sizes) of the former NWNWSFC are also remade in this Order and consequential amendments are made to that Byelaw (article 7(7)).

The SWSFC and the NWNWSFC were abolished, in relation to Wales, on 1 April 2010 when the Sea Fisheries Regulation Act 1966 (c. 38) was repealed by section 187 of the Marine and Coastal Access Act 2009 (c. 23) . Since 1 April 2010, the Byelaws mentioned above have had effect as if made by the Welsh Ministers in a statutory instrument by virtue of paragraphs (1) and (3) of article 13 of and Schedules 3 and 4 to the Marine and Coastal Access Act 2009 (Commencement No. 1, Consequential, Transitional and Savings Provisions) (England and Wales) Order 2010 ( S.I. 2010/630 (C. 42) ). Article 7(6) of this Order makes the necessary consequential amendments to the 2010 Order.

Article 3(1) of this Order prohibits fishing for crawfish, lobster, edible crab and spider crab under specified minimum sizes in Wales. It further prohibits fishing in Wales and the Welsh zone for velvet crabs under a specified minimum size and any crawfish or lobster which bears a V notch or any crawfish or lobster which has been mutilated in a way which could obscure a V notch. Foreign vessels are exempt from the fishing prohibition imposed by article 3(1) (article 3(2)).

From time to time voluntary schemes are observed pursuant to which fishermen cut a V shaped notch into the tail of a certain lobster or crawfish before returning the relevant animal to the sea. These animals are often berried females or animals slightly below the minimum landing size. Article 3(1)(g), (h) and (i) of this Order will provide those animals with temporary protection, allowing the animal to spawn and further contribute to the stock of that species until the notch grows out.

By virtue of section 5(1) of the Sea Fish (Conservation) Act 1967 (c. 84) (“the 1967 Act ”) it is an offence to fish for the sea fish specified in article 3 of this Order. Where a fishing boat is used in connection with that offence, the master, the owner and the charterer (if any) of that fishing boat will each be guilty of an offence. Section 5(6) of that Act provides that where any sea fish specified in article 3 of this Order are caught, they must (subject to section 9 of the 1967 Act) be returned to the sea immediately. 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 will each be guilty of an offence. Penalties are prescribed by section 11 of the 1967 Act.

Article 4(1) of this Order prescribes minimum sizes for the landing of crawfish, lobster, edible crab, spider crab and velvet crab in Wales. There is an exemption from the minimum landing size for the landing of the sea fish specified in article 4(1) from foreign vessels (article 4(2)). Section 1(1) of the 1967 Act prohibits the landing of those species which do not meet the requirements as to minimum size. Offences and penalties are prescribed by section 1(7) and (8) and section 11 of the 1967 Act.

Article 4(3) prohibits the landing in Wales of any crawfish or lobster which bears a V notch or any crawfish or lobster which has been mutilated in a way which could obscure a V notch. It also prohibits the landing in Wales of any claw or other detached part of any edible crab, green crab, spider crab or velvet crab. Foreign vessels are exempt from the prohibition set out in article 4(3) (article 4(4)).

By virtue of section 6(1) of the 1967 Act it is an offence to land the crawfish, lobsters or parts of crab specified in article 4(3). Penalties are prescribed by section 11 of the 1967 Act.