The Edible Crabs (Conservation) Regulations (Northern Ireland) 2020

Made: 22nd July 2020

Coming into operation: 22nd August 2020

The Department of Agriculture, Environment and Rural Affairs makes the following Regulations in exercise of the powers conferred on it by section 124(1) and (2) of the Fisheries Act (Northern Ireland) 1966 .

Citation and commencement

1

These Regulations may be cited as the Edible Crabs (Conservation) Regulations (Northern Ireland) 2020 and shall come into operation on 22nd August 2020.

Interpretation

2

In these Regulations—

• “the Act” means the Fisheries Act (Northern Ireland) 1966;

• “berried edible crab” means a female edible crab which is bearing eggs;

• “edible crab” means crab of the species Cancer pagurus;

• “foreign fishing boat” has the same meaning as in the Fisheries Act 2020 (see section 52 of that Act);

• “size” means the maximum width of the carapace measured perpendicular to the antero-posterior midline of the carapace and shall be measured as shown in the Schedule to these Regulations;

• ““soft-shelled edible crab” means an edible crab which has recently cast its shell;”

• “stock cage” means a containment device used to store crabs at sea or in the waters of a port or harbour.

Edible crabs

3

• (1) Where an edible crab less than 150mm in size is brought on board a sea-fishing boat, it must be immediately returned to sea, as near as possible to the place from which it was taken.

• (2) The retention of an edible crab less than 150mm in size in a stock cage is prohibited.

Berried edible crabs

4

• (1) The retention on board a sea-fishing boat, the bringing to land or the landing of a berried edible crab is prohibited.

• (2) Where a berried edible crab is brought on board a sea-fishing boat, it must be immediately returned to sea, as near as possible to the place from which it was taken.

• (3) The removal of eggs from a berried edible crab is prohibited.

• (4) The retention of a berried edible crab in a stock cage is prohibited.

Exemptions

5

• (1) The obligations and prohibitions imposed by regulations 3,4,4A and 4B do not apply to any person operating under the authority of, and in accordance with a permit granted under, section 14 of the Act.

• (2) The obligations and prohibitions imposed by regulations 3,4,4A and 4B do not apply in relation to sea-fish caught by a foreign fishing boat in waters lying outside British fishery limits.

SCHEDULE — MEASUREMENT OF THE SIZE OF AN EDIBLE CRAB

Carapace width

Signed

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 22nd July 2020.

Claire Vincent — A senior officer of the

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: Formerly the Department of Agriculture for Northern Ireland; see S.I. 1999/283 (N.I.1), Art 3(4); and 2016 c. 5 (N.I.), Article 1(2).

[^f00002]: 1966 c.17, Section 124 was substituted by S.I. 1981/227 (N.I.7), Article 6 and amended by S.I. 2002/790, Article 6 and 2001 c. 4 (N.I.), section 1

[^f00003]: 1995 c.21

[^f00004]: “British-owned” is defined in section 22(1) of the Sea Fish (Conservation) Act 1967 c.84

Carapace width

Editorial notes

[^c24253481]: Formerly the Department of Agriculture for Northern Ireland; see S.I. 1999/283 (N.I.1), Art 3(4); and 2016 c. 5 (N.I.), Article 1(2).

[^c24253491]: 1966 c.17, Section 124 was substituted by S.I. 1981/227 (N.I.7), Article 6 and amended by S.I. 2002/790, Article 6 and 2001 c. 4 (N.I.), section 1

[^key-cdbcab1d208016f25876e7d83680e25b]: Words in reg. 2 substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 35(2) (with s. 50, Sch. 4 para. 31)

[^key-04fce47a9b86298738ca82c35675200b]: Reg. 5 substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 35(3) (with s. 50, Sch. 4 para. 31)

[^key-68ac32f79a82173af6e63ee816ae951b]: Reg. 4A inserted (8.1.2022) by The Edible Crabs (Conservation) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/336), regs. 1, 2(2)

[^key-b9c3e88f7b51d6a568ed2df9e860b099]: Para. 4B inserted (10.2.2023) by The Edible Crabs (Conservation) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/5), regs. 1, 2(4)

[^key-10529f56e593bcc59adbf0d7e888bb7c]: Words in reg. 2 inserted (10.2.2023) by The Edible Crabs (Conservation) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/5), regs. 1, 2(2)

[^key-74b76ec5f891792cd620dbd9f6be0b1d]: Word in reg. 3(1) substituted (10.2.2023) by The Edible Crabs (Conservation) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/5), regs. 1, 2(3)(a)

[^key-551100f2ab6bf2a2cf19ea8aa5d56b56]: Word in reg. 3(2) substituted (10.2.2023) by The Edible Crabs (Conservation) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/5), regs. 1, 2(3)(b)

[^key-b571bef31321a6b64006dcba8f89b68e]: Words in reg. 5(1) substituted (10.2.2023) by The Edible Crabs (Conservation) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/5), regs. 1, 2(5)

[^key-e7d2896398973524af4d1fb1f82ccb11]: Words in reg. 5(2) substituted (10.2.2023) by The Edible Crabs (Conservation) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/5), regs. 1, 2(6)

Detached crab claws

4A

The retention on board, the bringing to land on or the landing from a sea-fishing boat of a detached edible crab claw is prohibited.

Exemptions

Soft-shelled edible crab

4B

• (1) The retention on board a sea-fishing boat, the bringing to land, the landing, having in possession, selling, exposing for sale, buying for sale, or consigning to any person for the purpose of sale, of a soft-shelled edible crab is prohibited.

• (2) Where a soft-shelled edible crab is brought on board a sea-fishing boat, it must be immediately returned to sea, as near as possible to the place from which it was taken.

Exemptions