
1 

(1) This Order may be cited as the Specified Crustaceans (Prohibition on Landing, Sale and Carriage) (Scotland) Order 2017 and comes into force on 25th February 2018.
(2) This Order applies only in relation to Scotland and the Scottish zone.
2 
In this Order—
 “the Act” means the Sea Fish (Conservation) Act 1967;
 “co-ordinate” means a co-ordinate of latitude and longitude according to the World Geodetic System 1984 datum; and
 “foreign fishing boat” means any fishing boat other than a fishing boat which is either registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act.
3 

(1) For the purposes of section 1(1) of the Act (which prohibits the landing in Scotland of any sea fish of any description, which does not meet such requirements as to size as may be prescribed in relation to sea fish of that description), there is prescribed as the minimum size in relation to sea fish of the description of edible crab a size of 150 millimetres.
(2) Landing from foreign fishing boats is exempted from the prohibition imposed by section 1(1) of the Act, as read with paragraph (1).
(3) Landing into the Shetland Islands is exempted from the prohibition imposed by section 1(1) of the Act, as read with paragraph (1).
(4) In this article—
 “edible crab” means crab of the species Cancer pagurus; and
 “size”, in relation to an edible crab, means the maximum width of the carapace, measured perpendicular to the antero-posterior midline of the carapace, as shown in schedule 1.
4 

(1) For the purposes of section 1(1) of the Act (which prohibits the landing in Scotland of any sea fish of any description, which does not meet such requirements as to size as may be prescribed in relation to sea fish of that description), there is prescribed as the minimum size in relation to sea fish of the description of velvet crab a size of 70 millimetres.
(2) For the purposes of section 1(2) of the Act (which prohibits in Scotland 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 such requirements as to size as may be prescribed in relation to sea fish of that description), there is prescribed as the minimum size in relation to sea fish of the description of velvet crab a size of 70 millimetres.
(3) For the purposes of section 1(3B) of the Act (which prohibits the carriage on specified fishing boats of any sea fish of any description, which does not meet such requirements as to size as may be prescribed in relation to sea fish of that description) there is prescribed as the minimum size in relation to sea fish of the description of velvet crab a size of 70 millimetres.
(4) It is prohibited for a relevant British fishing boat within the Scottish zone to carry any velvet crab with a size of less than 70 millimetres.
(5) The landing in Scotland of any berried velvet crab, caught in the territorial sea of the United Kingdom adjacent to Scotland, is prohibited.
(6) Landing from foreign fishing boats is exempted from the prohibition imposed by—
(a) section 1(1) of the Act, as read with paragraph (1); and
(b) paragraph (5).
(7) The sale, exposure or offer for sale or possession for the purpose of sale of any velvet crab which is landed from foreign fishing boats is exempted from the prohibition imposed by section 1(2) of the Act, as read with paragraph (2).
(8) In this article—
 “berried velvet crab” means a female velvet crab which is bearing eggs;
 “size” in relation to a velvet crab, means the width of the carapace measured across the broadest part, excluding spines, of the back, as shown in schedule 2;
 “the territorial sea of the United Kingdom adjacent to Scotland” means waters which are treated as the territorial sea of the United Kingdom adjacent to Scotland, within the boundaries described in article 3 and schedule 1 of the Scottish Adjacent Waters Boundaries Order 1999; and
 “velvet crab” means crab of the species Necora puber.
5 

(1) For the purposes of section 1(1) of the Act (which prohibits the landing in Scotland of any sea fish of any description, which does not meet such requirements as to size as may be prescribed in relation to sea fish of that description), there is prescribed as the minimum size in relation to sea fish of the description of male spider crab a size of 130 millimetres.
(2) Landing from foreign fishing boats is exempt from the prohibition imposed by section 1(1) of the Act, as read with paragraph (1).
(3) In this article—
 “size”, in relation to a spider crab, means the length of the carapace, along the midline, from the edge of the carapace between the rostrums to the posterior edge of the carapace and is to be measured as shown in schedule 3; and
 “spider crab” means crab of the species Maja squinado.
6 

(1) For the purposes of section 1(1) of the Act (which prohibits the landing in Scotland of any sea fish of any description, which does not meet such requirements as to size as may be prescribed in relation to sea fish of that description), in relation to landing in the Orkney Islands, there is prescribed as the minimum size in relation to sea fish of the description of green crab a size of 70 millimetres.
(2) Landing from foreign fishing boats is exempted from the prohibition imposed by section 1(1) of the Act, as read with paragraph (1).
(3) In this article—
 “green crab” means crab of the species Carcinus maenas; and
 “size”, in relation to a green crab, means the maximum width of the carapace (including the spines) measured perpendicular to the antero-posterior midline of the carapace and is to be measured as shown in schedule 4.
7 

(1) For the purposes of section 1(1) of the Act (which prohibits the landing in Scotland of any sea fish of any description, which does not meet such requirements as to size as may be prescribed in relation to sea fish of that description), in relation to landing in the areas of coast specified in paragraph (2), there is prescribed as the minimum size in relation to sea fish of the description of lobster a size of 90 millimetres.
(2) The areas of coast are—
(a) the coasts of the islands of the Orkney Islands;
(b) the coasts of the islands of the Outer Hebrides.
(3) For the purposes of section 1(1) of the Act, in relation to landing in the west coast of mainland Scotland, stretching in a generally westerly and southerly direction from Cape Wrath at co-ordinate 58°37.642′ north latitude 005°00.295′ west longitude to the point at which the west coast of mainland Scotland intersects with the line of 55 degrees north latitude, there is prescribed as the minimum size in relation to sea fish of the description of lobster—
(a) from 25th February 2018 to 24th February 2019, both dates inclusive, a size of 88 millimetres;
(b) on or after 25th February 2019, a size of 90 millimetres.
(4) For the purposes of section 1(1) of the Act, in relation to landing in any other part of the coastline of Scotland except the coasts of the islands of the Shetland Islands and those areas specified in paragraphs (2) and (3), there is prescribed as the minimum size in relation to sea fish of the description of lobster a size of 87 millimetres.
(5) For the purposes of section 1(1) of the Act, in relation to landing in any of the areas of coast specified in paragraph (6), there is prescribed as the maximum size in relation to sea fish of the description of female lobster a size of 155 millimetres.
(6) The areas of coast are—
(a) the coasts of the Shetland Islands;
(b) the coasts of the Orkney Islands.
(7) For the purposes of section 1(1) of the Act, in relation to landing in any other part of the coastline of Scotland except those areas specified in paragraph (6), there is prescribed as the maximum size in relation to sea fish of the description of female lobster a size of 145 millimetres.
(8) For the purposes of section 1(2) of the Act (which prohibits in Scotland 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 such requirements as to size as may be prescribed in relation to sea fish of that description), there is prescribed as the minimum size in relation to sea fish of the description of lobster a size of 87 millimetres.
(9) For the purposes of section 1(3B) of the Act (which prohibits the carriage on specified fishing boats of any sea fish of any description, which does not meet such requirements as to size as may be prescribed in relation to sea fish of that description), there is prescribed as the minimum size in relation to sea fish of the description of lobster a size of 87 millimetres.
(10) It is prohibited for a relevant British fishing boat within the Scottish zone to carry any sea fish of the description of lobster with a size of less than 87 millimetres.
(11) It is prohibited to land in Scotland any sea fish of the description of crippled female lobster, caught in the waters described in schedule 6.
(12) Landing from foreign fishing boats is exempted from the prohibitions imposed by section 1(1) of the Act, as read with paragraphs (1) to (7), and by paragraph (11).
(13) The sale, exposure or offer for sale or possession for the purpose of sale of any lobster which is landed from foreign fishing boats is exempted from the prohibition imposed by section 1(2) of the Act, as read with paragraph (8).
(14) In this article—
 “crippled female lobster” means a female lobster missing part or all of its crusher claw, or part or all of its cutter claw;
 “lobster” means lobster of the species Homarus gammarus; and
 “size”, in relation to a lobster, means the length of the carapace parallel to the midline, from the back of either eye socket to the distal edge of the carapace and is to be measured in accordance with schedule 5.
8 

(1) The following Orders are revoked:—
(a) the Undersized Lobsters (Scotland) Order 2000;
(b) the Undersized Spider Crabs (Scotland) Order 2000;
(c) the Undersized Edible Crabs (Scotland) Order 2000;
(d) the Outer Hebrides (Landing of Crabs and Lobsters) Order 2015;
(e) the Orkney Islands (Landing of Crabs and Lobsters) Order 2016.
(2) The Undersized Velvet Crabs Order 1989 is revoked in relation to Scotland and the Scottish zone.
(3) Article 9 of the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2004 (prohibition of fishing for lobsters) is revoked.
FERGUS EWING
A member of the Scottish Government
St Andrew’s House,
Edinburgh
19th December 2017
SCHEDULE 1
Article 3(4)

SCHEDULE 2
Article 4(8)

SCHEDULE 3
Article 5(3)

SCHEDULE 4
Article 6(3)

SCHEDULE 5
Article 7(14)

SCHEDULE 6
Article 7(11)
1 
In this schedule—
 “miles” means international nautical miles of 1,852 metres; and
 “Scottish inshore waters” means the area adjacent to the coast of Scotland and within the Scottish zone, and to the landward of a limit of six miles from the baseline from which the breadth of the territorial sea is measured, up to the mean high-water mark of ordinary spring tides.
2 

(1) That part of Scottish inshore waters which is bounded by the lines (the topographical descriptions of which are provided in the fourth column of the following table) which join in sequential order the co-ordinates listed and identified in the first, second and third columns.

Co-ordinate North Latitude West Longitude Topographical description of boundary line
1 58°40.31′ 005°41.06′ Loxodrome
2 58°40.13′ 005°41.04′ Loxodrome
3 58°37.29′ 005°40.77′ Loxodrome
4 58°32.91′ 005°39.67′ Loxodrome
5 58°31.48′ 005°39.62′ Loxodrome
6 58°28.71′ 005°40.57′ Loxodrome
7 58°28.31′ 005°40.64′ Loxodrome
8 58°23.42′ 005°44.40′ Loxodrome
9 58°20.09′ 005°45.82′ Loxodrome
10 58°18.63′ 005°45.87′ Loxodrome
11 58°11.76′ 005°46.49′ Loxodrome
12 58°11.06′ 005°47.07′ Loxodrome
13 58°08.09′ 005°49.07′ Loxodrome
14 58°06.95′ 005°49.79′ Loxodrome
15 58°05.96′ 005°50.49′ Loxodrome
16 58°05.41′ 005°50.97′ Loxodrome
17 58°03.91′ 005°53.77′ Loxodrome
18 58°03.48′ 005°54.49′ Loxodrome
19 58°01.91′ 005°59.09′ Loxodrome
20 58°01.63′ 005°59.69′ Loxodrome
21 57°59.28′ 006°02.37′ Loxodrome
22 57°52.83′ 006°04.10′ Loxodrome
23 57°50.90′ 006°04.68′ Loxodrome
24 57°49.43′ 006°05.35′ Loxodrome
25 57°49.18′ 006°10.38′ Loxodrome
26 57°48.53′ 006°16.88′ Loxodrome
27 57°48.60′ 006°18.02′ Loxodrome
28 57°48.83′ 006°21.33′ Loxodrome
29 57°50.62′ 006°26.28′ Loxodrome
30 57°50.77′ 006°27.25′ Loxodrome
31 57°51.15′ 006°30.28′ Loxodrome
32 57°50.96′ 006°31.08′ Loxodrome
33 57°48.16′ 006°34.86′ Loxodrome
34 57°45.60′ 006°37.38′ Loxodrome
35 57°44.43′ 006°37.91′ Loxodrome
36 57°43.55′ 006°38.73′ Loxodrome
37 57°43.25′ 006°38.93′ Loxodrome
38 57°42.26′ 006°43.33′ Loxodrome
39 57°41.75′ 006°44.58′ Loxodrome
40 57°40.72′ 006°46.93′ Loxodrome
41 57°39.52′ 006°48.68′ Loxodrome
42 57°38.77′ 006°49.61′ Loxodrome
43 57°37.88′ 006°50.29′ Loxodrome
44 57°36.25′ 006°50.93′ Loxodrome
45 57°34.88′ 006°53.08′ Loxodrome
46 57°34.45′ 006°53.84′ Loxodrome
47 57°33.45′ 006°54.76′ Loxodrome
48 57°32.08′ 006°55.91′ Loxodrome
49 57°31.87′ 006°56.06′ Loxodrome
50 57°31.52′ 006°56.28′ Loxodrome
51 57°31.12′ 006°56.41′ Loxodrome
52 57°30.15′ 006°57.14′ Loxodrome
53 57°29.36′ 006°57.53′ Loxodrome
54 57°26.18′ 006°58.96′ Loxodrome
55 57°24.92′ 006°59.29′ Loxodrome
56 57°23.68′ 006°59.09′ Loxodrome
57 57°20.72′ 006°58.44′ Loxodrome
58 57°20.62′ 006°58.38′ Loxodrome
59 57°19.33′ 006°57.08′ Loxodrome
60 57°18.57′ 006°56.54′ Loxodrome
61 57°17.25′ 006°55.83′ Loxodrome
62 57°15.92′ 006°55.16′ Loxodrome
63 57°14.48′ 006°54.78′ Loxodrome
64 57°12.29′ 006°54.08′ Loxodrome
65 57°10.92′ 006°52.91′ Loxodrome
66 57°10.77′ 006°52.71′ Loxodrome
67 57°04.85′ 006°54.84′ Loxodrome
68 57°03.55′ 006°55.99′ Loxodrome
69 57°02.78′ 006°56.54′ Loxodrome
70 57°01.17′ 006°57.78′ Loxodrome
71 56°56.37′ 007°01.14′ Loxodrome
72 56°56.14′ 007°01.24′ Loxodrome
73 56°54.57′ 007°01.67′ Loxodrome
74 56°53.37′ 007°01.92′ Loxodrome
75 56°51.25′ 007°02.24′ Loxodrome
76 56°49.15′ 007°02.34′ Loxodrome
77 56°47.47′ 007°01.97′ Loxodrome
78 56°45.89′ 007°05.89′ Loxodrome
79 56°45.09′ 007°08.31′ Loxodrome
80 56°44.54′ 007°10.12′ Loxodrome
81 56°43.19′ 007°13.69′ Loxodrome
82 56°32.86′ 007°29.30′ Loxodrome
83 56°30.97′ 007°33.56′ Boundary line following the seaward limit of Scottish inshore waters
84 58°40.31′ 005°41.06′ 
(2) Those parts of Scottish inshore waters which are adjacent to the following Scottish islands (the centroid co-ordinates of which are listed in the second and third columns of the following table) and are bounded to the north, east, south and west by the seaward limit of Scottish inshore waters.

Island North Latitude West Longitude
St Kilda (Hirta) 57°48.96′ 008°35.53′
St Kilda (Boreray) 57°52.19′ 008°29.45′
Sula Sgeir 59°05.73′ 006°09.38′
North Rona 59°07.39′ 005°49.56′
Flannan Isles (Eilean a Ghoba) 58°16.94′ 007°38.90′
Flannan Isles (Eilean Mor) 58°17.15′ 007°35.29′
Flannan Isles (Soraidh) 58°16.43′ 007°35.34′