# The Specified Crustaceans (Prohibition on Landing, Sale and Carriage) (Scotland) Order 2017

S.S.I. 2017/455 · made 19 December 2017 · revised to 31 December 2020

This Order makes provisions regarding fishing for, landing, sale, exposure or offer for sale and possession for the purposes of sale and carriage of specified crustaceans in Scotland and the Scottish zone.

PDFs: Printed copy https://openlegislation.uk/specified-crustaceans-prohibition-on-landing-sale-and-carriage-scotland-order-2017/pdf/ssi_20170455_en.pdf; Policy Note https://openlegislation.uk/specified-crustaceans-prohibition-on-landing-sale-and-carriage-scotland-order-2017/pdf/ssipn_20170455_en.pdf

## Introductory text

Sea Fisheries
Conservation Of Sea Fish
Made 19th December 2017
Laid before the Scottish Parliament 21st December 2017
Coming into force 25th February 2018
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 1(1), (2), (3B), (4) and (6), 6(1) and (3), 15(3), 20(1), 22(2) and 22A of the Sea Fish (Conservation) Act 1967 , section 1 of the Inshore Fishing (Scotland) Act 1984 and all other powers enabling them to do so.

## 1 Citation, commencement and application

(1) This Order may be cited as the Specified Crustaceans (Prohibition on Landing, Sale and Carriage) (Scotland) Order 2017 and comes into force on 25th February 2018.
(2) This Order applies only in relation to Scotland and the Scottish zone.

## 2 Interpretation

In this Order—
“the Act” means the Sea Fish (Conservation) Act 1967;
“co-ordinate” means a co-ordinate of latitude and longitude according to the World Geodetic System 1984 datum ; and
...

## 3 Prescribed minimum size for landing edible crabs in Scotland

(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), there is prescribed as the minimum size in relation to sea fish of the description of edible crab a size of 150 millimetres.
(2) The prohibition imposed by section 1(1) of the Act, as read with paragraph (1), does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.
(3) Landing into the Shetland Islands is exempted from the prohibition imposed by section 1(1) of the Act, as read with paragraph (1).
(4) In this article—
“edible crab” means crab of the species Cancer pagurus; and
“size”, in relation to an edible crab, means the maximum width of the carapace, measured perpendicular to the antero-posterior midline of the carapace, as shown in schedule 1.

## 4 Prohibitions on landing, sale, exposure or offer for sale or possession, or carriage of velvet crabs

(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), there is prescribed as the minimum size in relation to sea fish of the description of velvet crab a size of 70 millimetres.
(2) For the purposes of section 1(2) of the Act (which prohibits in Scotland the sale, exposure or offer for sale or possession for the purpose of sale 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), there is prescribed as the minimum size in relation to sea fish of the description of velvet crab a size of 70 millimetres.
(3) For the purposes of section 1(3B) of the Act (which prohibits the carriage on specified fishing boats 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) there is prescribed as the minimum size in relation to sea fish of the description of velvet crab a size of 70 millimetres.
(4) It is prohibited for a relevant British fishing boat within the Scottish zone , or a foreign fishing boat within the Scottish zone, to carry any velvet crab with a size of less than 70 millimetres.
(5) The landing in Scotland of any berried velvet crab, caught in the territorial sea of the United Kingdom adjacent to Scotland, is prohibited.
(6) The prohibitions imposed by—
(a) section 1(1) of the Act, as read with paragraph (1), and
(b) paragraphs (4) and (5),
do not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.
(7) The prohibition imposed by section 1(2) of the Act, as read with paragraph (2), does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.
(8) In this article—
“berried velvet crab” means a female velvet crab which is bearing eggs;
“size” in relation to a velvet crab, means the width of the carapace measured across the broadest part, excluding spines, of the back, as shown in schedule 2;
“the territorial sea of the United Kingdom adjacent to Scotland” means waters which are treated as the territorial sea of the United Kingdom adjacent to Scotland, within the boundaries described in article 3 and schedule 1 of the Scottish Adjacent Waters Boundaries Order 1999 ; and
“velvet crab” means crab of the species Necora puber.

## 5 Prescribed minimum size for landing spider crabs in Scotland

(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), there is prescribed as the minimum size in relation to sea fish of the description of male spider crab a size of 130 millimetres.
(2) The prohibition imposed by section 1(1) of the Act, as read with paragraph (1), does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.
(3) In this article—
“size”, in relation to a spider crab, means the length of the carapace, along the midline, from the edge of the carapace between the rostrums to the posterior edge of the carapace and is to be measured as shown in schedule 3; and
“spider crab” means crab of the species Maja squinado.

## 6 Prescribed minimum size for landing green crabs in the Orkney Islands

(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 Orkney Islands, there is prescribed as the minimum size in relation to sea fish of the description of green crab a size of 70 millimetres.
(2) The prohibition imposed by section 1(1) of the Act, as read with paragraph (1), does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.
(3) In this article—
“green crab” means crab of the species Carcinus maenas; and
“size”, in relation to a green crab, means the maximum width of the carapace (including the spines) measured perpendicular to the antero-posterior midline of the carapace and is to be measured as shown in schedule 4.

## 7 Prohibitions on landing, sale, exposure or offer for sale or possession, or carriage of lobsters

(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 areas of coast specified in paragraph (2), there is prescribed as the minimum size in relation to sea fish of the description of lobster a size of 90 millimetres.
(2) The areas of coast are—
(a) the coasts of the islands of the Orkney Islands;
(b) the coasts of the islands of the Outer Hebrides.
(3) For the purposes of section 1(1) of the Act, in relation to landing in the west coast of mainland Scotland, stretching in a generally westerly and southerly direction from Cape Wrath at co-ordinate 58°37.642′ north latitude 005°00.295′ west longitude to the point at which the west coast of mainland Scotland intersects with the line of 55 degrees north latitude, there is prescribed as the minimum size in relation to sea fish of the description of lobster—
(a) from 25th February 2018 to 24th February 2019, both dates inclusive, a size of 88 millimetres;
(b) on or after 25th February 2019, a size of 90 millimetres.
(4) For the purposes of section 1(1) of the Act, in relation to landing in any other part of the coastline of Scotland except the coasts of the islands of the Shetland Islands and those areas specified in paragraphs (2) and (3), there is prescribed as the minimum size in relation to sea fish of the description of lobster a size of 87 millimetres.
(5) For the purposes of section 1(1) of the Act, in relation to landing in any of the areas of coast specified in paragraph (6), there is prescribed as the maximum size in relation to sea fish of the description of female lobster a size of 155 millimetres.
(6) The areas of coast are—
(a) the coasts of the Shetland Islands;
(b) the coasts of the Orkney Islands.
(7) For the purposes of section 1(1) of the Act, in relation to landing in any other part of the coastline of Scotland except those areas specified in paragraph (6), there is prescribed as the maximum size in relation to sea fish of the description of female lobster a size of 145 millimetres.
(8) For the purposes of section 1(2) of the Act (which prohibits in Scotland the sale, exposure or offer for sale or possession for the purpose of sale 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), there is prescribed as the minimum size in relation to sea fish of the description of lobster a size of 87 millimetres.
(9) For the purposes of section 1(3B) of the Act (which prohibits the carriage on specified fishing boats 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), there is prescribed as the minimum size in relation to sea fish of the description of lobster a size of 87 millimetres.
(10) It is prohibited for a relevant British fishing boat within the Scottish zone , or a foreign fishing boat within the Scottish zone, to carry any sea fish of the description of lobster with a size of less than 87 millimetres.
(11) It is prohibited to land in Scotland any sea fish of the description of crippled female lobster, caught in the waters described in schedule 6.
(12) The prohibitions imposed by—
(a) section 1(1) of the Act, as read with paragraphs (1) to (7), and
(b) paragraph (10),
do not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.
(13) The prohibition imposed by section 1(2) of the Act, as read with paragraph (8), does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.
(14) In this article—
“crippled female lobster” means a female lobster missing part or all of its crusher claw, or part or all of its cutter claw;
“lobster” means lobster of the species Homarus gammarus; and
“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 in accordance with schedule 5.

## 8 Revocations

(1) The following Orders are revoked:—
(a) the Undersized Lobsters (Scotland) Order 2000 ;
(b) the Undersized Spider Crabs (Scotland) Order 2000 ;
(c) the Undersized Edible Crabs (Scotland) Order 2000 ;
(d) the Outer Hebrides (Landing of Crabs and Lobsters) Order 2015 ;
(e) the Orkney Islands (Landing of Crabs and Lobsters) Order 2016 .
(2) The Undersized Velvet Crabs Order 1989 is revoked in relation to Scotland and the Scottish zone.
(3) Article 9 of the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2004 (prohibition of fishing for lobsters) is revoked.

## Signature

FERGUS EWING
A member of the Scottish Government
St Andrew's House,
Edinburgh

## Schedule 1 MEASUREMENT OF THE SIZE OF AN EDIBLE CRAB



## Schedule 2 MEASUREMENT OF THE SIZE OF A VELVET CRAB



## Schedule 3 MEASUREMENT OF THE SIZE OF A SPIDER CRAB



## Schedule 4 MEASUREMENT OF THE SIZE OF A GREEN CRAB



## Schedule 5 MEASUREMENT OF THE SIZE OF A LOBSTER



## Schedule 6: DESCRIPTION OF THE SPECIFIED WATERS

## 1 Interpretation

In this schedule—
“miles” means international nautical miles of 1,852 metres; and
“Scottish inshore waters” means the area adjacent to the coast of Scotland and within the Scottish zone, and to the landward of a 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.

## 2 Description of the specified waters

(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.
Co-ordinate
North Latitude
West Longitude
Topographical description of boundary line
1
58°40.31′
005°41.06′
Loxodrome
2
58°40.13′
005°41.04′
Loxodrome
3
58°37.29′
005°40.77′
Loxodrome
4
58°32.91′
005°39.67′
Loxodrome
5
58°31.48′
005°39.62′
Loxodrome
6
58°28.71′
005°40.57′
Loxodrome
7
58°28.31′
005°40.64′
Loxodrome
8
58°23.42′
005°44.40′
Loxodrome
9
58°20.09′
005°45.82′
Loxodrome
10
58°18.63′
005°45.87′
Loxodrome
11
58°11.76′
005°46.49′
Loxodrome
12
58°11.06′
005°47.07′
Loxodrome
13
58°08.09′
005°49.07′
Loxodrome
14
58°06.95′
005°49.79′
Loxodrome
15
58°05.96′
005°50.49′
Loxodrome
16
58°05.41′
005°50.97′
Loxodrome
17
58°03.91′
005°53.77′
Loxodrome
18
58°03.48′
005°54.49′
Loxodrome
19
58°01.91′
005°59.09′
Loxodrome
20
58°01.63′
005°59.69′
Loxodrome
21
57°59.28′
006°02.37′
Loxodrome
22
57°52.83′
006°04.10′
Loxodrome
23
57°50.90′
006°04.68′
Loxodrome
24
57°49.43′
006°05.35′
Loxodrome
25
57°49.18′
006°10.38′
Loxodrome
26
57°48.53′
006°16.88′
Loxodrome
27
57°48.60′
006°18.02′
Loxodrome
28
57°48.83′
006°21.33′
Loxodrome
29
57°50.62′
006°26.28′
Loxodrome
30
57°50.77′
006°27.25′
Loxodrome
31
57°51.15′
006°30.28′
Loxodrome
32
57°50.96′
006°31.08′
Loxodrome
33
57°48.16′
006°34.86′
Loxodrome
34
57°45.60′
006°37.38′
Loxodrome
35
57°44.43′
006°37.91′
Loxodrome
36
57°43.55′
006°38.73′
Loxodrome
37
57°43.25′
006°38.93′
Loxodrome
38
57°42.26′
006°43.33′
Loxodrome
39
57°41.75′
006°44.58′
Loxodrome
40
57°40.72′
006°46.93′
Loxodrome
41
57°39.52′
006°48.68′
Loxodrome
42
57°38.77′
006°49.61′
Loxodrome
43
57°37.88′
006°50.29′
Loxodrome
44
57°36.25′
006°50.93′
Loxodrome
45
57°34.88′
006°53.08′
Loxodrome
46
57°34.45′
006°53.84′
Loxodrome
47
57°33.45′
006°54.76′
Loxodrome
48
57°32.08′
006°55.91′
Loxodrome
49
57°31.87′
006°56.06′
Loxodrome
50
57°31.52′
006°56.28′
Loxodrome
51
57°31.12′
006°56.41′
Loxodrome
52
57°30.15′
006°57.14′
Loxodrome
53
57°29.36′
006°57.53′
Loxodrome
54
57°26.18′
006°58.96′
Loxodrome
55
57°24.92′
006°59.29′
Loxodrome
56
57°23.68′
006°59.09′
Loxodrome
57
57°20.72′
006°58.44′
Loxodrome
58
57°20.62′
006°58.38′
Loxodrome
59
57°19.33′
006°57.08′
Loxodrome
60
57°18.57′
006°56.54′
Loxodrome
61
57°17.25′
006°55.83′
Loxodrome
62
57°15.92′
006°55.16′
Loxodrome
63
57°14.48′
006°54.78′
Loxodrome
64
57°12.29′
006°54.08′
Loxodrome
65
57°10.92′
006°52.91′
Loxodrome
66
57°10.77′
006°52.71′
Loxodrome
67
57°04.85′
006°54.84′
Loxodrome
68
57°03.55′
006°55.99′
Loxodrome
69
57°02.78′
006°56.54′
Loxodrome
70
57°01.17′
006°57.78′
Loxodrome
71
56°56.37′
007°01.14′
Loxodrome
72
56°56.14′
007°01.24′
Loxodrome
73
56°54.57′
007°01.67′
Loxodrome
74
56°53.37′
007°01.92′
Loxodrome
75
56°51.25′
007°02.24′
Loxodrome
76
56°49.15′
007°02.34′
Loxodrome
77
56°47.47′
007°01.97′
Loxodrome
78
56°45.89′
007°05.89′
Loxodrome
79
56°45.09′
007°08.31′
Loxodrome
80
56°44.54′
007°10.12′
Loxodrome
81
56°43.19′
007°13.69′
Loxodrome
82
56°32.86′
007°29.30′
Loxodrome
83
56°30.97′
007°33.56′
Boundary line following the seaward limit of Scottish inshore waters
84
58°40.31′
005°41.06′
(2) Those parts of Scottish inshore waters which are adjacent to the following Scottish islands (the centroid co-ordinates of 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.
Island
North Latitude
West Longitude
St Kilda (Hirta)
57°48.96′
008°35.53′
St Kilda (Boreray)
57°52.19′
008°29.45′
Sula Sgeir
59°05.73′
006°09.38′
North Rona
59°07.39′
005°49.56′
Flannan Isles (Eilean a Ghoba)
58°16.94′
007°38.90′
Flannan Isles (Eilean Mor)
58°17.15′
007°35.29′
Flannan Isles (Soraidh)
58°16.43′
007°35.34′

## Explanatory note

(This note is not part of the Order)
This Order makes provisions regarding fishing for, landing, sale, exposure or offer for sale and possession for the purposes of sale and carriage of specified crustaceans in Scotland and the Scottish zone.
The Order revokes, replaces and remakes with amendments the provisions of the Undersized Lobsters (Scotland) Order 2000 (S.S.I. 2000/197), the Undersized Spider Crabs (Scotland) Order 2000 (S.S.I. 2000/198), the Undersized Edible Crabs (Scotland) Order 2000 (S.S.I. 2000/228), the Outer Hebrides (Landing of Crabs and Lobsters) Order 2015 (S.S.I. 2015/183) and the Orkney Islands (Landing of Crabs and Lobsters) Order 2016 (S.S.I. 2016/50). The Undersized Velvet Crabs Order 1989 (S.I. 1989/919) is revoked and replaced in relation to Scotland and the Scottish zone.
Article 3(1) of the Order prescribes a minimum size for the landing of edible crab in Scotland. Article 3(2) provides that there is an exemption from this minimum landing size in relation to landings from foreign fishing boats. Article 3(3) provides for an additional exemption in relation to landings of edible crab in the Shetland Islands. The effect of this provision, as combined with section 1(1) of the Sea Fish (Conservation) Act 1967 (“the 1967 Act”), is to prohibit the landing in all of Scotland (except the Shetland Islands) of edible crab which do not meet the requirements as to minimum size. The minimum size for the landing of edible crab in the Shetlands Islands remains prescribed by Article 19(1) and Annex XII of Council Regulation (EC) No 850/98 (OJ No 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 4(1) of the Order prescribes a minimum size for the landing of velvet crab in Scotland. The effect of this provision, as combined with section 1(1) of the 1967 Act, is to prohibit the landing in Scotland of velvet crab which do not meet the requirements as to minimum size. Article 4(2) prescribes a minimum size for the sale, exposure or offer for sale or possession in Scotland. The effect of this provision, as combined with section 1(2) of the 1967 Act, is to prohibit the selling, exposure or offering for sale or possession of any velvet crab in Scotland which does not meet the requirements as to minimum size. Article 4(3) and (4) prohibits UK fishing boats other than Scottish fishing boats from carrying velvet crabs within the Scottish zone if they measure less than a prescribed minimum size. A similar prohibition applies to Scottish fishing boats, by virtue of article 4(3) and section 1(3B) of the 1967 Act. Article 4(5) prohibits the landing in Scotland of any berried velvet crab which is caught in the territorial sea (0 – 12 nautical mile limits) of the UK adjacent to Scotland. Article 4(6) and (7) provides for exemptions to these prohibitions in relation to landings from foreign fishing boats.
Article 5(1) of the Order prescribes a minimum size for the landing of male spider crab in Scotland. Article 5(2) provides that there is an exemption from this minimum landing size in relation to landings from foreign fishing boats. The effect of this provision, as combined with section 1(1) of the 1967 Act, is to prohibit the landing in Scotland of any male spider crab which does not meet the requirements as to minimum size.
Article 6(1) of the Order prescribes a minimum size for the landing of green crab in the Orkney Islands. Article 6(2) provides that there is an exemption from this minimum landing size in relation to landings from foreign fishing boats. The effect of this provision, as combined with section 1(1) of the 1967 Act, is to prohibit the landing in Scotland of any green crab which does not meet the requirements as to minimum size.
Article 7(1), (2), (3) and (4) of the Order prescribes minimum sizes for the landing of lobster in different parts of Scotland. Article 7(5), (6) and (7) of the Order prescribes maximum sizes for the landing of female lobster in different parts of Scotland. The effect of these provisions, as combined with section 1(1) of the 1967 Act, is to prohibit the landing in Scotland of lobster which do not meet the relevant requirements as to minimum or maximum size. Article 7(8) prescribes a minimum size for the sale, exposure or offer for sale or possession in Scotland. The effect of this provision, as combined with section 1(2) of the 1967 Act, is to prohibit the selling, exposure or offering for sale or possession of any lobster in Scotland which does not meet the requirements as to minimum size. Article 7(9) and (10) prohibits UK fishing boats other than Scottish fishing boats from carrying lobster within the Scottish zone if they measure less than a prescribed minimum size. A similar prohibition applies to Scottish fishing boats, by virtue of article 7(9) and section 1(3B) of the 1967 Act. Article 7(11) prohibits the landing in Scotland of any female lobster with a missing or partly missing crusher or cutter claw which is caught in specified inshore waters around the Outer Hebrides. Schedule 6 specifies the geographical extent of these waters. Article 7(12) and (13) provide for exemptions to these prohibitions in relation to landings from foreign fishing boats.
Schedules 1, 2, 3, 4 and 5 include diagrams which demonstrate how an edible crab, a velvet crab, a spider crab, a green crab and a lobster, respectively, are to be measured to determine its size.
Offences and penalties are prescribed in section 1(7) and (8), section 6(5) and section 11 of the 1967 Act. Common enforcement powers are set out in Part 3 of the Aquaculture and Fisheries (Scotland) Act 2013 (asp 7) and Part 7 of the Marine (Scotland) Act 2010 (asp 5).
This Order is made in accordance with the procedure set out in Article 46 of the Council Regulation which authorises Member States to take certain national measures for the conservation and management of local stocks.

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Source: https://www.legislation.gov.uk/ssi/2017/455 (the official version)
Page: https://openlegislation.uk/specified-crustaceans-prohibition-on-landing-sale-and-carriage-scotland-order-2017
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.