
2004 No. 261
SEA FISHERIESCONSERVATION OF SEA FISH
The Shrimp Fishing Nets (Scotland) Order 2004
Made 3rd June 2004
Laid before the Scottish Parliament 4th June 2004
Coming into force 1st July 2004
The Scottish Ministers, in exercise of the powers conferred by sections 3(1) and 15(3) of the Sea Fish (Conservation) Act 1967 and of all other powers enabling them in that behalf, hereby make the following Order:
Citation, commencement and extent
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(1) This Order may be cited as the Shrimp Fishing Nets (Scotland) Order 2004 and shall come into force on 1st July 2004.
(1) Subject to paragraph (3), this Order extends to Scotland and the Scottish zone only.
(2) Insofar as it extends beyond Scotland and the Scottish zone, this Order does so only as a matter of Scots law.
Interpretation
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(1) In this Order, “codend” has the meaning given in Article 6 of Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures.
(2) For the purposes of this Order, the mesh of a net or netting shall be measured in accordance with Commission Regulation (EC) No. 517/2008 laying down detailed rules for the implementation of Council Regulation (EC) No. 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets.
Prohibition on fishing for shrimps without a separator trawl or sorting grid
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(1) This article applies to–
(a) any Scottish fishing boat wherever it may be; and
(b) any  other  fishing boat within the Scottish zone.
(2) No fishing boat to which this article applies shall carry or deploy a net the mesh of which measures between 16 and 31 millimetres unless–
(a) netting, the mesh of which measures at least twice that of the codend and no more than 70 millimetres, is fitted across the entire cross-section of the net in such a way that–
(i) sea fish cannot reach the codend without first passing through the netting; and
(ii) there is a hole in the net through which all sea fish that do not pass through the netting are able to escape;
(b) a rigid grid, the spacing between the bars of which is no more than 20 millimetres, is fitted across the entire cross-section of the net in such a way that–
(i) sea fish cannot reach the codend without first passing through the grid; and
(ii) there is a hole in the net through which all sea fish that do not pass through the grid are able to escape;
(c) no sea fish have been caught; or
(d) where sea fish have been caught, the quantity of either common shrimp (Crangon spp.) or Aesop shrimp (Pandalus montagui) or a combination of the two retained on board does not exceed 5% of the total live weight of catch retained on board ....
Powers of British sea-fishery officers
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ROSS FINNIE
A member of the Scottish Executive
St Andrew’s House, Edinburgh
