1 Title, extent and commencement

(1)    This Order—

(a)    may be cited as the Undersized Bass Order 2007;

(b)    subject to paragraph (2), does not form part of the law of Scotland or Northern Ireland; and

(c)    comes into force on 6th April 2007.

(2)    Nothing in paragraph (1)(b) prejudices the effect of section 14 of the Act in relation to, or for purposes incidental to, any provision that creates an offence.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see para (1)(c) above.

Extent

This Order does not extend to Scotland: see para (1)(b) above.

2 Interpretation

2Interpretation

(1)    In this Order—

“the Act” means the Sea Fish (Conservation) Act 1967;

“bass” means fish of the species Dicentrarchus labrax;

“Isle of Man, Jersey or Guernsey fishing boat” means any fishing boat registered in the Isle of Man, Jersey or Guernsey respectively;

“Northern Ireland fishing boat” means any fishing boat registered under the Merchant Shipping Act 1995 as belonging to a port in Northern Ireland;

“Northern Ireland zone” means the sea within British fishery limits which is adjacent to Northern Ireland.

(2)    Any reference, other than a reference in article 9, to “British fishery limits” excludes the sea adjacent to Wales out as far as the seaward boundary of the territorial sea.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see art 1(1)(c).

Extent

This Order does not extend to Scotland: see art 1(1)(b).

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3 Prohibition on landing and sale etc of undersized bass

3Prohibition on landing and sale etc of undersized bass

For the purposes of section 1(1) and (2) of the Act, in its application in England, the size prescribed for bass is 40 centimetres, from the tip of the snout to the end of the tail fin.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see art 1(1)(c).

Extent

This Order does not extend to Scotland: see art 1(1)(b).

4 Exemption from prohibition on landing

4Exemption from prohibition on landing

The prohibition in section 1(1) of the Act, as read with this Order, does not apply to bass that is—

(a)    landed by a foreign fishing boat, other than an Isle of Man, Jersey or Guernsey fishing boat; or

(b)    farmed commercially.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see art 1(1)(c).

Extent

This Order does not extend to Scotland: see art 1(1)(b).

5 Exemptions from prohibition on sale etc of undersized bass

5Exemptions from prohibition on sale etc of undersized bass

The prohibition in section 1(2) of the Act, as read with this Order, does not apply to bass that is—

(a)    landed or caught by a foreign fishing boat, other than an Isle of Man, Jersey or Guernsey fishing boat; or

(b)    farmed commercially.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see art 1(1)(c).

Extent

This Order does not extend to Scotland: see art 1(1)(b).

6 Prohibition on carrying undersized bass

6Prohibition on carrying undersized bass

For the purposes of section 1(3) of the Act in its application to any—

(a)    relevant British fishing boat;

(b)    Scottish fishing boat; or

(c)    Isle of Man, Jersey or Guernsey fishing boat,

in British fishery limits, the size prescribed for bass is 40 centimetres, from the tip of the snout to the end of the tail fin.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see art 1(1)(c).

Extent

This Order does not extend to Scotland: see art 1(1)(b).

7 Mesh sizes

7Mesh sizes

(1)    For the purposes of section 3(1) of the Act in its application to any—

(a)    relevant British fishing boat registered in the United Kingdom; or

(b)    Isle of Man, Jersey or Guernsey fishing boat,

that is fishing for bass in British fishery limits, the mesh size of any enmeshing gear, including any gill, tangle, drift or trammel net, carried in that boat must be not less than 100 millimetres.

(2)    Any boat that has a by-catch of bass of more than 10% of the total catch by weight is to be treated as fishing for bass within the meaning of this article.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see art 1(1)(c).

Extent

This Order does not extend to Scotland: see art 1(1)(b).

8 Exemptions from prohibition on carrying undersized bass etc

8Exemptions from prohibition on carrying undersized bass etc

Articles 6 and 7 do not apply to any Scottish fishing boat, Northern Ireland fishing boat or Isle of Man, Jersey or Guernsey fishing boat in—

(a)    the Northern Ireland zone;

(b)    the Scottish zone; or

(c)    the territorial sea adjacent to the Isle of Man, Jersey or Guernsey.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see art 1(1)(c).

Extent

This Order does not extend to Scotland: see art 1(1)(b).

9 Powers of British sea-fishery officers

9Powers of British sea-fishery officers

(1)    For the purposes of enforcing this Order, a British sea-fishery officer may exercise the powers conferred by this article—

(a)    in relation to any fishing boat subject to the provisions of this Order in any waters adjacent to the United Kingdom and within relevant British fishery limits; and

(b)    in relation to any relevant British fishing boat anywhere outside those limits.

(2)    Paragraph (1) does not apply to a Northern Ireland fishing boat in the Northern Ireland zone or anywhere outside British fishery limits.

(3)    He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.

(4)    He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose of enforcing this Order and, in particular—

(a)    may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;

(b)    may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board, which is in his custody or possession and may take copies of any such document;

(c)    for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 1(1), (2) or (3) or section 3(1) of the Act as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and

(d)    where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence,

but nothing in sub-paragraph (d) shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.

(5)    Where it appears to a British sea-fishery officer that a contravention of any provisions of this Order has at any time taken place, he may—

(a)    require the master of the boat in relation to which the contravention took place to take, or himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and

(b)    detain or require the master to detain the boat in the port,

and where such an officer detains or requires the detention of a boat he must serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see art 1(1)(c).

Extent

This Order does not extend to Scotland: see art 1(1)(b).

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10 Revocation

10Revocation

The Undersized Bass Order 1989 is revoked in relation to England.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see art 1(1)(c).

Extent

This Order does not extend to Scotland: see art 1(1)(b).

Signature

Ben Bradshaw

Minister of State

Department for Environment, Food and Rural Affairs

8th March 2007

David Cairns

Parliamentary Under Secretary of State

Northern Ireland Office

10th March 2007

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

Article 3 of this Order prescribes, in accordance with section 1(1) and (2) of the Sea Fish (Conservation) Act 1967 (c 84), a minimum size of 40 centimetres for bass that can be landed or sold in England. Articles 4 and 5 exempt foreign fishing vessels (except Isle of Man, Jersey or Guernsey fishing boats) and fish that are farmed commercially from the prohibitions on landing and selling bass under 40 centimetres.

Articles 6 to 8—

(a)    prescribe a minimum size of 40 centimetres for bass that can be carried on relevant British fishing boats, Isle of Man, Jersey or Guernsey fishing boats, and Scottish fishing boats in certain British fishery limits; and

(b)    provide that any enmeshing gear carried on any relevant British fishing boat, any Isle of Man, Jersey or Guernsey fishing boat or any Scottish fishing boat that is fishing for bass in certain British fishery limits must have a mesh size of no less than 100 millimetres.

Article 9 sets out the powers of British sea-fishery officers in respect of this Order, in addition to their powers under the Sea Fish (Conservation) Act 1967.

This Order was notified in draft to the European Commission in accordance with Directive 98/34/EC (OJ No L 204, 21.7.1998, p 37), as amended by Directive 98/48/EC (OJ No L 217, 5.8.1998, p 18).

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Defra Resource Centre, Lower Ground Floor, Ergon House, 17 Smith Square, London SW1P 3JR and is annexed to the Explanatory Memorandum which is available alongside the instrument on the Office of Public Sector Information website.

Agriculture, Animals & Fisheries91 EU Fisheries94 EU Agriculture & Fisheries95 European Union Law95 Fisheries91