Citation and commencement

1.  This Order may be cited as the Outer Hebrides (Landing of Crabs and Lobsters) Order 2015 and comes into force on 29th May 2015.

Interpretation

2.  In this Order-

"the Act" means the Sea Fish (Conservation) Act 1967;

"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(2) or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act; and

"lobster" means lobster of the species Homarus gammarus.

Prescribed minimum size for landing velvet crabs in the Outer Hebrides

3.-(1) The Undersized Velvet Crabs Order 1989(3) is amended in accordance with paragraph (2).

(2) In article 2 (prescribed minimum size for landing velvet crabs and exemptions from landing prohibitions)-

(a)in paragraph (1), for "For" substitute "Subject to paragraph (1A), for";

(b)after paragraph (1) insert-

"(1A) For the purposes of section 1(1) of the Act, in relation to landing in the Outer Hebrides, there is prescribed as the minimum size in relation to sea fish of the description of velvet crab a size of 70 millimetres."; and

(c)in paragraph (2), for "paragraph (1)" substitute "paragraphs (1) and (1A)".

Prescribed minimum size for landing edible crabs in the Outer Hebrides

4.-(1) The Undersized Edible Crabs (Scotland) Order 2000(4) is amended in accordance with paragraph (2).

(2) In Schedule 2 (minimum landing sizes), after the entry relating to the area of coast surrounding the Firth of Forth, insert-

Prescribed minimum size for landing lobsters in the Outer Hebrides

5.-(1) The Undersized Lobsters (Scotland) Order 2000(5) is amended in accordance with paragraph (2).

(2) In article 3 (prescribed minimum size for landing lobsters)-

(a)in paragraph (1), for "For" substitute "Subject to paragraph (1A), for";

(b)after paragraph (1) insert-

"(1A) For the purposes of section 1(1) of the Act, in relation to landing in the Outer Hebrides, there is prescribed as the minimum size for lobsters a size of-

(a)from 29th May 2015 to 28th May 2016, both dates inclusive, 88 millimetres;

(b)on or after 29th May 2016, 90 millimetres."; and

(c)in paragraph (2), for "paragraph (1)" substitute "paragraphs (1) and (1A)".

Prescribed maximum size for landing female lobsters in the Outer Hebrides

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 Outer Hebrides, there is prescribed as the maximum size in relation to sea fish of the description of female lobster a size of 145 millimetres.

(2) In this article, "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 as shown in Schedule 1.

(3) Landing from foreign fishing boats is exempted from the prohibition imposed by section 1(1) of the Act as read with paragraph (1).

Prohibition on landing crippled female lobsters caught in specified waters

7.-(1) The landing in Scotland of any crippled female lobster, caught in the waters specified in paragraph 2 of Schedule 2, is prohibited.

(2) In this article, "crippled female lobster" means a female lobster missing-

(a)part of, or all of, its crusher claw; or

(b)part of, or all of, its cutter claw.

(3) Landing from foreign fishing boats is excepted from the prohibition imposed by paragraph (1).

Article 6(2)

SCHEDULE 1MEASUREMENT OF THE SIZE OF A LOBSTER

Article 7(1)

SCHEDULE 2DESCRIPTION OF THE SPECIFIED WATERS

Interpretation

1.  In this Schedule-

(a)"co-ordinate" means a co-ordinate defined on the World Geodetic 1984 Datum(6); and

(b)"Scottish inshore waters" means the area adjacent to the coast of Scotland and within the Scottish zone, and to the landward 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.

Description of the specified waters

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.

(2) Those parts of Scottish inshore waters which are adjacent to the following Scottish islands (the centroid co-ordinates 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.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Undersized Velvet Crabs Order 1989, the Undersized Edible Crabs (Scotland) Order 2000 and the Undersized Lobsters (Scotland) Order 2000 so as to prescribe minimum sizes for the landing of velvet crabs, edible crabs and lobsters in the Outer Hebrides (articles 3, 4 and 5).

The Order also prescribes a maximum landing size for female lobsters in the Outer Hebrides (article 6).

The Order also prohibits the landing in Scotland of female lobsters with missing claws, caught in Scottish inshore waters surrounding the Outer Hebrides (article 7). These waters are shown on the illustrative map appended to this note.

The prescribed minimum and maximum landing sizes and the prohibition set out in article 7 apply only to landings from British fishing boats.

This Order is made in accordance with the procedure set out in Article 46 of Council Regulation (EC) No. 850/98 (OJ L 125, 27.4.1998, p.1) for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms ("the Council Regulation"). Article 46 of the Council Regulation authorises Member States to take certain national measures for the conservation and management of local stocks.