SEA FISHERIES, ENGLAND Citation, commencement and extent 1 1 This Order may be cited as the Lobsters and Crawfish (Prohibition of Fishing and Landing) Order 2000 and shall come into force on 17th April 2000. 2 Subject to paragraph (3), this Order shall not form part of the law of Scotland. 3 Nothing in paragraph (2) shall be treated as prejudicing the effect in Scotland of section 14 of the Sea Fish (Conservation) Act 1967 . Interpretation 2 1 In this Order– “berried” in relation to a lobster or crawfish, means a lobster or crawfish which is carrying eggs attached to its tail or some other exterior part, or which is in such a condition as to show that, at the time when it was taken, it was carrying eggs so attached; “crawfish” means crawfish of the species Palinurus elephas and Palinurus mauritanicus ; “flap” in relation to the tail of a lobster or crawfish, means any part of the central three flaps of the tail fan of the lobster or crawfish including the telson with anus and left and right uropod immediately adjacent to the telson; “lobster” means lobster of the species Homarus gammarus ; “mutilated” 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; ... “V notch” means a marking in the shape of the letter “V” with a depth of at least 5 mm cut into at least one of the inner uropods of the tail fan of any lobster or crawfish, with the apex of the letter “V” positioned inward from the edge of the flap ; and “Welsh zone” has the same meaning as it has by virtue of section 158(1) of the Government of Wales Act 2006. 2 In this Order– a the term “within relevant British fishery limits” does not include: i the Welsh zone ; ii the territorial sea adjacent to the Isle of Man; iii the territorial sea adjacent to the Bailiwick of Jersey; and iv seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976 ; b any reference to any relevant British fishing boat “wherever it may be” does not include such a fishing boat while in the Welsh zone ; c the term “any equivalent order” means any other order made under sections 5 or 6 of the Sea Fish (Conservation) Act 1967, extending to any part of the United Kingdom, which prohibits fishing for, or the landing in any part of the United Kingdom of: i a mutilated or berried lobster, ii a mutilated or berried crawfish, iii any lobster or crawfish bearing a V notch. Fishing prohibition 3 1 This article applies to fishing for– a a mutilated lobster, b a mutilated crawfish, or c any lobster or crawfish bearing a V notch. 2 Fishing by– a a relevant British fishing boat registered in the United Kingdom wherever it may be; or b any other ... fishing boat within relevant British fishery limits, is prohibited. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Landing prohibition 4 1 This article applies to– a a mutilated lobster, b a mutilated crawfish, or c any lobster or crawfish bearing a V notch .... 2 The landing in England or Northern Ireland of any sea fish to which this article applies (wherever caught) from a relevant British fishing boat or a Scottish fishing boat is prohibited. 3 The landing in England or Northern Ireland from a foreign fishing boat of any sea fish to which this article applies that were caught in waters lying within British fishery limits is prohibited. Berried lobsters and crawfish 4A 1 Fishing for a berried lobster or a berried crawfish by any fishing boat within relevant British fishery limits but not within the Northern Ireland zone is prohibited. 2 The landing in England of a berried lobster or a berried crawfish, wherever caught, from a relevant British fishing boat or a Scottish fishing boat is prohibited. Powers of British sea-fishery officers in relation to fishing boats 5 1 For the purpose of the enforcement of sections 5 and 6 of the Sea Fish (Conservation) Act 1967, as read with this Order or any equivalent order, a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below in relation to– a a relevant British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; and b any other fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits. 2 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. 3 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 mentioned in paragraph (1) above 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 5(1) or (6) or 6(5) of the Sea Fish (Conservation) Act 1967 as read with this Order or any equivalent 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) above 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. 4 Where it appears to a British sea-fishery officer that a contravention of this Order, or any equivalent order, has at any time taken place within British fishery limits he may– a require the master of the boat in relation to which the contravention took place to take, or may 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 shall serve on the master 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. Review 6 1 The Secretary of State must from time to time— a carry out a review of the regulatory provision contained in this Order, and b publish a report setting out the conclusions of the review. 2 The first report must be published before 1st October 2022. 3 Subsequent reports must be published at intervals not exceeding 5 years. 4 Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this article must, in particular— a set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a), b assess the extent to which those objectives are achieved, c assess whether those objectives remain appropriate, and d if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. 5 In this article, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act). Elliot Morley Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food John Reid Secretary of State for Scotland Paul Murphy Secretary of State for Wales Peter Mandelson Secretary of State for Northern Ireland