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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2005 No. 67

SEA FISHERIES

CONSERVATION OF SEA FISH

The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2005

  Made 10th February 2005 
  Laid before the Scottish Parliament 11th February 2005 
  Coming into force 14th February 2005 

The Scottish Ministers, in exercise of the powers conferred by sections 5(1)(c), 15(3) and 22(2) of the Sea Fish (Conservation) Act 1967[1] and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement, cessation and extent
     1.  - (1) This Order may be cited as the Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2005 and shall come into force on 14th February 2005.

    (2) This Order shall remain in force until 30th April 2005.

    (3) Subject to paragraph (4), this Order extends to Scotland and the Scottish zone only.

    (4) Insofar as it extends beyond Scotland and the Scottish zone, it does so only as a matter of Scots law.

Interpretation
    
2.  - (1) In this Order-

    (2) For the purposes of this Order a trawl shall be deemed to have been used for the purpose of fishing for Norway lobsters (Nephrops norvegicus) if the catch retained on board that boat complies with the conditions laid down with respect to towed gears of mesh size range 70 to 79 millimetres in Annex I of the Council Regulation.

Prohibited methods of fishing
     3.  - (1) Subject to paragraphs (2) and (3), fishing for sea fish by any method, by any Scottish fishing boat or any relevant British fishing boat, within the area comprising that part of the Scottish zone contained within-

is prohibited.

    (2) The prohibition in paragraph (1)(a) shall not apply to any fishing boat that fishes with-

    (3) The prohibition in paragraph (1)(b) shall not apply to any fishing boat that fishes with-

Powers of British sea-fishery officers in relation to fishing boats
    
4.  - (1) For the purposes of the enforcement of this Order, a British sea-fishery officer may exercise in relation to-

the powers conferred by this article.

    (2) The officer may go on board the boat, with or without persons assigned to assist with the duties of the officer, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.

    (3) The officer may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to the officer to be necessary for the purpose mentioned in paragraph (1) and, in particular-

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 this Order has taken place the officer may-

    (5) Where the officer detains or requires the detention of a boat under this article the officer 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.

Revocation
    
5. The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2004[13] is hereby revoked.


ROSS FINNIE
A member of the Scottish Executive

St Andrew's House, Edinburgh
10th February 2005



EXPLANATORY NOTE

(This note does not form part of the Order)


This Order prohibits, subject to certain exceptions, all methods of fishing within certain areas of the Firth of Clyde. The Order is made pursuant to Article 46 of Council Regulation (EEC) No. 850/98 of 30th March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (O.J. No. L 125, 27.4.98, p.1). A map showing the areas closed to fishing under this Order is appended to this note for illustrative purposes only. The Order remains in force until 0000 hours on 30th April 2005 (article 1(2)).

Area 1 on the illustrative map is defined in article 3(1)(a).

Area 2 on the illustrative map is defined in article 3(1)(b).

The prohibition does not apply to vessels fishing within the closed areas exclusively with scallop dredges, creels and trawls used for fishing for Norway lobsters (articles 3(2) and (3)).

The Order gives British sea-fishery officers powers to enforce the Order, including power to detain a vessel in port (article 4).

It is an offence under section 5(1) of the Sea Fish (Conservation) Act 1967 to use a fishing boat in contravention of a prohibition imposed by this Order. The penalties are fixed by section 11 of that Act. On summary conviction the penalty is a fine not exceeding £50,000. On conviction on indictment the penalty is an unlimited fine. In either case the court may also order forfeiture of any fish in respect of which the offence was committed and of any net or gear used in committing the offence. On summary conviction, if the court does not order the forfeiture of fish, it may impose an additional fine not exceeding the value of the fish.

The Order revokes the Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2004.

The Regulatory Impact Assessment relating to this Order is available from The Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb's Loan, Edinburgh, EH14 1TW.


Notes:

[1] 1967 c.84; section 5(1) was substituted by the Fisheries Act 1981 (c.29), section 22(1); section 15(3) was substituted by the Sea Fisheries Act 1968 (c.77), Schedule 1, paragraph 38(3) and amended by the Fishery Limits Act 1976 (c.86), Schedule 2, paragraph 16(1). Relevant modifications are contained in the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), article 5 and the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), articles 3, 5 and 6. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). Section 22(2)(a) which contains a definition of "the Ministers" for the purposes of sections 5 and 15(3) was amended by the Fisheries Act 1981, sections 19(2)(d) and 45(b). The definition has effect in relation to Scotland with the modifications made by section 22A(12)(b) inserted by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), Schedule 2, paragraph 43(13).back

[2] O.J. No. L 125, 27.4.98, p.1.back

[3] O.J. No. L 318, 27.11.98, p.63.back

[4] O.J. No. L 38, 12.2.99, p.6.back

[5] O.J. No. L 168, 3.7.99, p.1.back

[6] O.J. No. L 328, 22.12.99, p.9.back

[7] O.J. No. L 100, 20.4.00, p.3.back

[8] O.J. No. L 148, 22.6.00, p.1.back

[9] O.J. No. L 102, 12.4.01, p.16.back

[10] O.J. No. L 137, 19.5.01, p.1.back

[11] Cmnd. 2586.back

[12] 1998 c.46. The part of the internal waters and territorial sea of the United Kingdom which is adjacent to Scotland is determined by the Scottish Adjacent Waters Boundaries Order 1999 (S.I. 1999/1126).back

[13] S.S.I. 2004/55.back



ISBN 0 11 069424 4


  © Crown copyright 2005

Prepared 16 February 2005


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