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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Loch Caolisport Scallops Several Fishery (Scotland) Order 2002 URL: http://www.bailii.org/scot/legis/num_reg/2002/20020272.html |
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Whereas an application for an Order under section 1 of the Sea Fisheries (Shellfish) Act 1967[1] has been made to the Scottish Ministers[2] by Ormsary Farmers; And whereas the Scottish Ministers have prepared a draft Order and have served a copy of it on the applicant in accordance with paragraph 1 of Schedule 1 to that Act; And whereas the applicant has caused printed copies of the draft Order to be published and circulated and has given notice of the application in accordance with paragraph 2 of that Schedule; And whereas no objections have been received by the Scottish Ministers with respect to the draft Order under paragraph 3 of that Schedule; Now therefore, the Scottish Ministers in exercise of the powers conferred by sections 1 and 7(4)(a)(iii) of, as read with Schedule 1 to, that Act, and of all other powers enabling them in that behalf, and with the consent of the Crown Estate Commissioners, hereby make the following Order: Citation and commencement 1. This Order may be cited as the Loch Caolisport Scallops Several Fishery (Scotland) Order 2002 and shall come into force on 1st July 2002. Interpretation 2. In this Order-
Right of several fishery That part of the bed of the sea at Loch Caolisport extending to 40 hectares or thereby and bounded as follows:- on or towards the north north east by a straight line extending in a north-westerly direction for 413.964 metres or thereby from a point at 55° 55.480' north latitude and 5° 35.300' west longitude to a point at 55° 55.600' north latitude and 5° 35.635' west longitude; then on or towards the north west by a straight line extending in a south-westerly direction for 291.096 metres or thereby to a point at 55° 55.480' north latitude and 5° 35.815' west longitude; and continuing in a south-westerly direction following the line of mean low water springs to a point at 55° 55.385' north latitude and 5° 35.910' west longitude; then on or towards the south west by a straight line extending in a southerly direction for 879.229 metres to a point at 55° 54.940' north latitude and 5° 36.200' west longitude; then on or towards the south east by a line following the line of mean low water springs to the point of beginning. EXPLANATORY NOTE (This note is not part of the Order) This Order, which extends to Scotland only, confers on Ormsary Farmers ("the applicant") for a period of 15 years the right of several fishery for scallops in part of the sea at Loch Caolisport (article 3). The part of Loch Caolisport to which the Order applies is described in the Schedule. The location of the area is also shown on an indicative map, a copy of which is available for inspection at the principal office of the Scottish Executive Environment and Rural Affairs Department at Pentland House, 47 Robb's Loan, Edinburgh EH14 1TW and at Ormsary Estate Office, PO Box 7, Lochgilphead, Argyll. A representation of the indicative plan is appended to this note for illustrative purposes. By virtue of section 2 of the Sea Fisheries (Shellfish) Act 1967 and the grant of several fishery under this Order, the applicant has, within the limits of the fishery described in the Schedule the exclusive right to deposit, propagate, fish for and take scallops which, under section 7 of that Act, are the absolute property of the applicant. The Order also provides that-
(b) creels are specified as an implement of fishing the use of which is permitted within the fishery (article 5); (c) the assignation or other transfer of the right of several fishery is prohibited without the prior consent of Scottish Ministers (article 6); (d) the limits of the fishery require to be clearly marked on the bed and surface of the sea and maintained in good position and repair (article 7); and (e) nothing in the Order shall prejudicially affect the rights of the Crown (article 8). [1] 1967 c.83; section 1 was amended by the Sea Fisheries Act 1968 (c.77), section 15(2) (and is to be read with section 15(3) to (6) of that Act), the Fishery Limits Act 1976 (c.86), section 9, Schedule 2, paragraph 15; the Sea Fisheries (Shellfish) (Amendment) Act 1997 (c.3), section 1; Schedule 1 was amended by the Sea Fisheries Act 1968, section 15(7). Scallops and queens were specified for the purposes of section 1 by the Shellfish (Specification of Molluscs) Regulations 1987 (S.I. 1987/218).back [2] The reference to the "appropriate Minister" in section 22(1) of the Sea Fisheries (Shellfish) Act 1967 is to be read as a reference to the Scottish Ministers by virtue of the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (1999/1820), article 4 and Schedule 2, paragraph 42(10).back [4] Section 7(4)(a)(iii) was inserted by the Sea Fisheries (Shellfish) Amendment (Scotland) Act 2000 (asp 12).back
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| © Crown copyright 2002 | Prepared 20 June 2002 |
