SEA FISHERIES, ENGLAND Citation, commencement and extent 1 1 This Order may be cited as the South-west Territorial Waters (Prohibition of Pair Trawling) Order 2004 and shall come into force on 24th December 2004. 2 Subject to paragraph (3), this Order shall not form part of the law of Scotland or Northern Ireland or apply in Wales. 3 Nothing in paragraph (2) shall prejudice the effect of section 14 of the Sea Fish (Conservation) Act 1967 in relation to, or for purposes incidental to, any provision which creates an offence. Interpretation 2 1 In this Order— “pair trawling” means fishing, by two or more vessels, carried out by a net or combination of nets; and “the south-west territorial waters” means the sea up to 12 nautical miles from the baseline from which the breadth of the territorial sea adjacent to England is measured, contained within the area known as ICES statistical division VII e (Western English Channel) namely, the waters bounded by a line beginning at a point on the south coast of England at 2°00' west longitude; then in a southerly and westerly direction along the coast of England to a point on the south-west coast at 50°00' north latitude; then due west to 7°00' west longitude; then due south to 49°30' north latitude; then due east to 5°00' west longitude; then due south to 48°00' north latitude; then due east to the coast of France; then in a northerly and north-easterly direction along the coast of France to Cap de la Hague; then due north to the point of beginning. 2 In this Order— a the term “within relevant British fishery limits” does not include— i the Northern Ireland zone; ii the territorial sea adjacent to Wales; iii the territorial sea adjacent to the Isle of Man; iv the territorial sea adjacent to Jersey; and v seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976 as extended to Guernsey; and b any reference to any relevant British fishing boat “wherever it may be” does not include a fishing boat in the territorial sea adjacent to Wales. Prohibition on pair trawling 3 1 Subject to paragraph 2, no ... fishing boat shall participate in pair trawling for sea fish in the south-west territorial waters. 2 Paragraph 1 shall not apply to— a fishing boats using nets with mesh in the cod end, in the mesh size ranges 16mm to 79mm inclusive; or b fishing boats using nets— i with mesh sizes in the cod end greater than 79mm; and ii incorporating no individual mesh, irrespective of its position within the net, greater than 300mm. Prohibition on carrying towed gear 4 1 No ... fishing boat shall carry pair trawling gear, other than that specified in article 3(2), in any part of the south-west territorial waters unless every part of that gear is lashed and stowed. 2 For the purposes of paragraph 1 above, “lashed and stowed”, in relation to pair trawling gear, means— a nets, weights and similar gear not connected to trawl boards or towing and hauling wires and ropes; and b if on or above deck, securely lashed to some part of the superstructure of the fishing boat. Powers of British sea-fishery officers 5 1 For the purposes of enforcing this Order a British sea fishery officer may exercise the powers conferred by this article 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 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 the Sea Fish (Conservation)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. 4 Where it appears to a British sea-fishery officer that a contravention of any provision 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 shall 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. Ben Bradshaw Parliamentary Under Secretary of State Department of Environment, Food and Rural Affairs Ian Pearson Parliamentary Under Secretary of State Northern Ireland Office