The Regulation of Scallop Fishing (Scotland) Order 2017

Made: 25th April 2017

Laid before the Scottish Parliament: 27th April 2017

Coming into force: 1st June 2017

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 1(1), (4) and (6), 3(1), (2) and (4), 5, 20(1), 22(2) and 22A of the Sea Fish (Conservation) Act 1967 and section 5 of the Sea Fisheries Act 1968 and all other powers enabling them to do so.

Citation, commencement and extent

1

• (1) This Order may be cited as the Regulation of Scallop Fishing (Scotland) Order 2017 and comes into force on 1st June 2017.

• (2) This Order extends to Scotland and the Scottish zone only.

Interpretation

2

In this Order—

• “the Act” means the Sea Fish (Conservation) Act 1967;

• ...

• “king scallop” means a scallop of the species Pecten maximus;

• “scallop dredge” means an 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 king scallops;

• “Scotland” and “the Scottish zone” have the same meaning as in section 126(1) of the Scotland Act 1998 ;

• “Scottish inshore waters” has the same meaning as in section 9(1) of the Inshore Fishing (Scotland) Act 1984 ; and

• “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 .

Prescribed minimum size for landing king scallops

3

• (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 any part of Scotland apart from the areas of coast specified in paragraph (2), there is prescribed as the minimum size in relation to sea fish of the description of king scallop a size of 105 millimetres.

• (2) The specified areas of coast are—

• (a) the west coast of mainland Scotland south of 55 degrees north latitude, lying adjacent to ICES Division VIIa; and

• (b) the coast of the islands of the Shetland Islands.

• (3) 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.

• (4) For the purposes of this article, the size of a scallop is measurable in accordance with paragraph 6 of Annex 4 of Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures.

• (5) In this article—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) “ICES Division” means a statistical division of the International Council for the Exploration of the Sea .

Restrictions on number of scallop dredges

4

• (1) Subject to paragraph (2), a fishing boat—

• (a) must not deploy at any time in Scottish inshore waters or any other part of the territorial sea of the United Kingdom adjacent to Scotland—

• (i) more than 8 scallop dredges from each of the port and starboard sides of the fishing boat;

• (ii) more than 16 scallop dredges in total;

• (iii) any tow bar with a total length exceeding 7.5 metres; or

• (iv) more than 2 tow bars;

• (b) must not deploy at any time in any other part of the Scottish zone—

• (i) more than 14 scallop dredges from each of the port and starboard sides of the fishing boat; or

• (ii) more than 28 scallop dredges in total; and

• (c) when undertaking a single fishing trip for king scallops within the Scottish zone, in the course of which the fishing boat deploys scallop dredges in Scottish inshore waters or any other part of the territorial sea of the United Kingdom adjacent to Scotland and in any other part of the Scottish zone, must not deploy at any time—

• (i) more than 8 scallop dredges from each of the port and starboard sides of the fishing boat;

• (ii) more than 16 scallop dredges in total;

• (iii) any tow bar with a total length exceeding 7.5 metres; or

• (iv) more than 2 tow bars.

• (2) A fishing boat is exempt from the restrictions in paragraph (1)(a) in so far as they apply to that part of the territorial sea of the United Kingdom adjacent to Scotland which is not within Scottish inshore waters, if and so long as the following conditions are complied with—

• (a) the fishing boat has fished for king scallops at least once at any time during the reference period in any part of the territorial sea of the United Kingdom adjacent to Scotland other than in Scottish inshore waters and while so fishing at any time during the reference period the fishing boat deployed either 9 or 10 scallop dredges from each of the port and starboard sides of the fishing boat while a remote electronic monitoring system was installed on board; and

• (b) while fishing for king scallops in any part of the territorial sea of the United Kingdom adjacent to Scotland other than in Scottish inshore waters, the fishing boat does not deploy at any time—

• (i) more than 10 scallop dredges from each of the port and starboard sides of the fishing boat; or

• (ii) more than 20 scallop dredges in total.

• (3) For the purposes of paragraph (2), “remote electronic monitoring system” means a remote electronic monitoring system which includes—

• (a) a control box or storage box which is capable of housing and storing software and data—

• (i) consisting of recorded images from digital cameras and recorded data from winch sensors and a global positioning system device;

• (ii) which is capable of storing a minimum of 1000 hours of recorded data; and

• (iii) which automatically over-writes the recorded data when the maximum data capacity is reached;

• (b) a minimum of 2 digital cameras, each of which—

• (i) produces images of at least 1080 pixels per frame;

• (ii) is capable of visually recording fishing and related activities, including all movements related to the setting and hauling of fishing gear; and

• (iii) has a minimum IP Rating of IP66;

• (c) winch sensors which are—

• (i) connected to the winches by which fishing gear can be deployed;

• (ii) activated when the winches are operated; and

• (iii) linked to the digital cameras in such a way that clear recorded images from the point at which the winches are operated can be readily retrieved;

• (d) a global positioning system device which automatically stores in the control box or storage box, at intervals of a least once every 10 seconds, the following information—

• (i) the fishing boat’s unique identifier;

• (ii) the most recent geographical position of the fishing boat, using co-ordinates of latitude and longitude on the World Geodetic System 1984 Datum;

• (iii) the date and time of the fixing of each geographical position of the fishing boat; and

• (iv) the speed and course of the fishing boat at that time;

• (e) a means of enabling the master to view the recorded data in real time on board the fishing boat on which the system is installed; and

• (f) a means of allowing a British sea-fishery officer—

• (i) from a position inside the wheelhouse of the fishing boat, to extract data held in the control box or storage box; and

• (ii) to view recorded data on the system from a remote location.

• (4) For the purposes of this article—

• “IP Rating” means ingress protection rating as defined in international standard IEC 60529, setting out degrees of protection by enclosures against harmful ingress of water;

• “the reference period” means the period beginning with 1 January 2018 and ending with 31 December 2020; and

• “tow bar” means any device or appliance which is capable of being used for the purpose of fixing or attaching a scallop dredge to a fishing boat for the purpose of enabling such a dredge to be towed by the fishing boat and the length of a tow bar is to be measured in accordance with paragraph (5).

• (5) For the purposes of this article, the length of a tow bar is measured by measuring the length of the bar, including those parts of the bar which extend over the wheels, skids or any other devices at each end of the bar which are designed to facilitate its movement.

Exemption from the restrictions in article 4

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to install a functioning remote electronic monitoring system

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation

7

Article 5 of the Prohibition of Fishing for Scallops (Scotland) Order 2003 is revoked.

Signed

FERGUS EWING — A member of the Scottish Government — 2017-04-25

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 1967 c.84 (“the 1967 Act”). Section 1 was substituted by the Fisheries Act 1981 (c.29) (“the 1981 Act”), section 19(1) and was relevantly amended by the Merchant Shipping Act 1995 (c.21), schedule 13, paragraph 38(a); and by the Marine and Coastal Access Act 2009 (c.23) (“the 2009 Act”), section 194 and schedule 15, paragraph 1, which extend to Scotland by virtue of the Marine (Scotland) Act 2010 (asp 5) (“the 2010 Act”), section 158(1). Section 3 was relevantly amended by the Fishery Limits Act 1976 (c.86), schedule 2, paragraph 16(1); the Inshore Fishing (Scotland) Act 1984 (c.26), schedule 1; the 2009 Act, section 195 and schedule 22, Part 4, which extend to Scotland by virtue of the 2010 Act, section 158(1); and by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (“S.I. 1999/1820”), schedule 2, paragraph 43(2)(b) and (4). Section 5 was amended by the 1981 Act, section 22; by the 2009 Act, section 198 and schedule 15, paragraph 3, which extend to Scotland by virtue of the 2010 Act, section 158(1); and by S.I. 1999/1820, schedule 2, paragraph 43(2)(b). Sections 1, 3, 5, 20 and 22(2) of the 1967 Act are modified in relation to Scotland by section 22A(2), (2A), (2B), (6), (11) and (12) of the 1967 Act. Section 22A was inserted by S.I. 1999/1820, schedule 2, paragraph 43(13) and section 22A(6) was substituted by section 159(4) of the 2010 Act. 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. Section 22(2) of the 1967 Act, which contains a definition of “the Ministers” for the purposes of relevant powers, was amended by the 1981 Act, sections 19(2)(d) and (3) and 45. The definition is modified in relation to Scotland by section 22A(12)(b) of the 1967 Act.

[^f00002]: 1968 c.77. Section 5 was amended by the Fishery Limits Act 1976 (c.86), type=start slip=2017-07-01 time=1499176080367sections 4, scheduletype=end slip=2017-07-01 time=1499176080367 1, paragraph 3 and schedule 2, type=start slip=2017-07-01 time=1499176118805paragraph 17; by the Fisheries Act 1981 (c.29). section 24; andtype=end slip=2017-07-01 time=1499176118805 by S.I. 1999/1820, schedule 2, paragraph 48.

[^f00003]: 1995 c.21.

[^f00004]: 1998 c.46. In relation to the definition of “the Scottish zone”, the sea within British fishery limits (that is, the limits set by or under section 1 of the Fishery Limits Act 1976 (c.86)) which is adjacent to Scotland is determined by the Scottish Adjacent Waters Boundaries Order 1999 (S.I. 1999/1126).

[^f00005]: 1984 c.26. The definition of “Scottish inshore waters” was amended by section 4(2) of the Inshore Fishing (Scotland) Act 1994 (c.27) and by S.I. 1999/1820.

[^f00006]: S.I. 1999/1126.

[^f00007]: OJ L 125, 27.4.1998, p.1; as last amended by Regulation (EU) 2015/812 of the European Parliament and of the Council amending Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009, and Regulations (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, as regards the landing obligation, and repealing Council Regulation (EC) No 1434/98 (OJ L 133, 29.05.2015 p.1).

[^f00008]: Cmnd. 2586.

[^f00009]: The World Geodetic System 1984 Datum is defined at paragraph 2.1 of the United States National Imagery and Mapping Agency Technical Report TR8350.2, third edition, amendment 1 of 3rd January 2000 entitled “Department of Defense World Geodetic System 1984” (http://earth-info.nga.mil/GandG/publications/tr8350.2/wgs84fin.pdf).

[^f00010]: type=start slip=2017-07-01 time=1499176393543Edition 2.2, International Electrotechnical Commission, 2013.type=end slip=2017-07-01 time=1499176393543

[^f00011]: S.S.I. 2003/371.

Editorial notes