The Inshore Fishing (Prohibited Methods of Fishing) (Firth of Lorn) (No. 2) Order 2007

Made: 14th March 2007

Laid before the Scottish Parliament: 15th March 2007

Coming into force: 29th March 2007

The Scottish Ministers, in exercise of the powers conferred by sections 1 and 2A of the Inshore Fishing (Scotland) Act 1984[^f00001] and all other powers enabling them in that behalf, and having consulted such bodies as they consider appropriate, hereby make the following Order:

Citation and commencement

1

This Order may be cited as the Inshore Fishing (Prohibited Methods of Fishing) (Firth of Lorn) (No. 2) Order 2007 and shall come into force on 29th March 2007.

Interpretation

2

In this Order–

• “the Firth of Lorn SAC” means the area of Scottish inshore waters bounded by straight lines joining points 1 and 2; points 3 and 4; points 5 and 6, 6 and 7, 7 and 8, 8 and 9, 9 and 10, 10 and 11, 11 and 12, 12 and 13 and 13 and 14; points 15 and 16; and by the high water mark of ordinary spring tides;

• “scallop dredge” means any appliance with a rigid framed mouth which is towed through the water and is manufactured, adapted, used or intended for use for the purpose of fishing for scallops; and

• points 1 to 16 mean the points so numbered in the Schedule.

Prohibition of fishing by means of a scallop dredge

3

• (1) Fishing in the Firth of Lorn SAC by means of a scallop dredge is prohibited.

• (2) The prohibition in paragraph (1) does not apply to any activity carried out by, or authorised by, the Scottish Ministers for the purpose of scientific investigation.

SCHEDULE — Boundary Points

Signed

ROSS FINNIE — A member of the Scottish Executive — 14th March 2007

Explanatory note

(This note is not part of the Order)

This Order, made under sections 1 and 2A of the Inshore Fishing (Scotland) Act 1984, prohibits fishing by means of a scallop dredge in the area of the Firth of Lorn defined in article 2 of the Order and shown in the illustrative map accompanying this Note. This prohibition is subject to an exception for activities carried out by, or with the authority of, the Scottish Ministers for the purpose of scientific investigation.

This Order supersedes S.S.I. 2007/186 and is being issued free of charge to all known recipients of that instrument.

By virtue of section 4 of the Inshore Fishing (Scotland) Act 1984, any person who contravenes a prohibition contained in this Order shall be guilty of an offence and liable on summary conviction to a fine of up to £5,000 and on conviction on indictment to an unlimited fine.

A Regulatory Impact Assessment has been prepared and is available from the Scottish Executive Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW.

Footnotes

[^f00001]: 1984 c. 26; section 2A was inserted by the Environment Act 1995 (c. 25), section 103(2). 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).