LegalizeThe Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 1989
Made: 4th December 1989
Laid before Parliament: 11th December 1989
Coming into force: 1st January 1990
The Secretary of State, in exercise of the powers conferred on him by section 1 of the Inshore Fishing (Scotland) Act 1984 [^f00001]and of all other powers enabling him in that behalf and having consulted such bodies as he considers appropriate, hereby makes the following Order:
Citation and commencement
1
This Order may be cited as the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 1989 and shall come into force on 1st January 1990.
Interpretation
2
- (1) In this Order—
- “sea fish” does not include salmon or migratory trout;
- “suction dredging” means the raising from the sea bottom of material, fish and shell fish with gear involving the use of a solids pump or air lift, or water jets to dig into the sea bottom; and “suction dredge” shall be construed accordingly.
- (2) Any reference in this Order to a numbered column in a numbered Schedule is a reference to the column so numbered in the Schedule so numbered to this Order.
- (3) The periods of prohibition specified in column 3 and, where appropriate, the additional periods of prohibition, excepted methods of fishing for sea fish and periods of exception specified, as the case may be, in columns 4, 5 and 6 of Schedules 1, 2 and 3 are so specified for the purposes of articles 3, 4, 5, 6 and 7 of this Order in relation to the sea areas specified in column 2 of the said Schedules opposite to which they appear.
Prohibition of fishing with mobile or active gear
3
- (1) Subject to article 4 below, fishing for sea fish with a trawl, Danish seine or similar net, purse seine, ring net or dredge (including a suction dredge) is prohibited within the sea areas within Scottish inshore waters specified in column 2 of Schedule 1 during the periods specified in column 3 of that Schedule in relation to such sea areas.
- (2) In addition to the prohibition on suction dredging specified in paragraph 1 above, fishing for sea fish with a suction dredge is prohibited in the sea areas within Scottish inshore waters specified in column 2 of Schedule 1 during the periods specified in column 4 of that Schedule in relation to such sea areas.
Exceptions to prohibitions in article 3
4
The prohibitions contained in article 3 of this Order shall not prevent the use in a sea area specified in column 2 of Schedule 1 of any method of fishing specified in column 5, during the period specified in column 6, of that Schedule, when the method so specified is used in fishing for the species of sea fish also specified in column 5 of the Schedule in the sea area so specified.
Prohibition of creel fishing
5
Creel fishing for any species of sea fish is prohibited within the sea areas within Scottish inshore waters specified in column 2 of Schedule 2 during the periods specified in column 3 of that Schedule in relation to such sea areas.
General prohibition of fishing in specified areas
6
Subject to article 7 below, fishing for any species of sea fish is prohibited within the sea areas within Scottish inshore waters specified in column 2 of Schedule 3 during the period specified in column 3 of that Schedule in relation to such sea areas.
Exceptions to prohibition in article 6
7
The prohibition in article 6 of this Order shall not prevent the use, in a sea area specified in column 2 of Schedule 3, of any method of fishing specified in column 4, during the period specified in column 5, of that Schedule, when the method so specified is used for fishing for the species of sea fish also specified in column 4 of the Schedule in the sea area so specified.
Prohibition of fishing for lobsters
8
- (1) Fishing for lobsters (Homarus gammarus) in Scapa Flow, being the sea area described in paragraph (2) below, is prohibited from the first day of April to the thirtieth day of September, both dates inclusive, in each year.
- (2) The sea area mentioned in paragraph (1) above is the sea area bounded on the west by a line drawn from a point on the Island of Hoy at 58 degs 55'.7 North latitude and 03 degs 19'.5 West longitude (Bu Point) to a point on the Island of Graemsay at 58 degs 56'.35 North latitude and 03 degs 18'.725 West longitude (Point of Oxan) to a point on the mainland of Orkney at58 degs 57'.175 North latitude and 03 degs 17'.53 West longitude (The Ness), and on the south by a straight line drawn from a point on the Island of Hoy at 58 degs 48'.25 North latitude and 03 degs 08'.7 West longitude (Martello Tower) to a point on the Island of Flotta at 58 degs 48'.85 North latitude and 03 degs 04'.8 West longitude (Stanger Head) to a point on South Ronaldsay at 58 degs 49' North latitude and 03 degs 01'.95 West longitude (Hoxa Head), and on the east by the Causeways (Churchill Barriers) linking the mainland of Orkney in the vicinity of St Mary’s Holm to Land Holm, Glims Holm, Burray and South Ronaldsay.
Exemption for scientific investigation
9
The prohibitions contained in this Order shall not apply to fishing for sea fish for the purpose of scientific investigation.
Revocations
10
The Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 1985 [^f00002]and the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) (Amendment) Order 1985 [^f00003] are hereby revoked.
SCHEDULE 1 — PROHIBITIONS OF FISHING WITH MOBILE OR ACTIVE GEAR
a
any method of fishing for sandeels.
b
dredging (but not suction dredging) for scallops.
SCHEDULE 2 — PROHIBITION OF CREEL FISHING
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Item | Sea area within which prohibition applies | Period of prohibition of creel fishing (all dates inclusive) |
| 1. | The Flannan Isles, being the sea area within 6 miles of the mean high-water mark of ordinary spring tides. | 1st January to 31st March and 1st to 31st December in each year. |
| 2. | Bragar to Dell, being the sea area within 2 miles of the mean high-water mark of ordinary spring tides, bounded at the northern end by a line drawn from a point on Lewis at 58°:78':.75 North latitude and 6°:19':.8 West longitude (Aird Dell) at a bearing of 315°: true, and at the southern end by a line drawn from a point on Lewis at 58°:21':.3 North latitude and 6°:38':.95 West longitude (Aird Mhor Braghair) at a bearing of 315°: true. | 1st July to 30th September in each year. |
SCHEDULE 3 — GENERAL PROHIBITION OF FISHING IN SPECIFIED AREAS
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
|---|---|---|---|---|
| Item | Sea area within which prohibition applies | Period of prohibition of fishing (all dates inclusive) | Method of fishing for species of sea fish excepted from prohibition | Period of exception (all dates inclusive) |
| 1. | Firth of Clyde, within the straight line drawn from a point on the mainland at 55°:17':.9 North latitude and 05°:47':.8 West longitude (Mull of Kintyre) to a point on the mainland at 55°:00':.5 north latitude and 05°:09':.4 West longitude (Corsewall Point). | 1st January to 31st December in each year. | a Any method of fishing for herring, mackerel and sprats; b Fishing for any species of sea fish (except herring, mackerel and sprats) from a fishing boat with an overall length not greater than 70 feet. | 1st January to 31st December in each year. |
| 2. | Firth of Forth, within a straight line drawn from a point on the mainland at 56°:16':.75 North latitude and 02°:35':.2 West longitude (Fife Ness Lighthouse) to a point on the Isle of May at 56°:11':.6 North latitude and 02°:33':.8 West longitude (North Ness), thence along the east coast of the Isle of May to a point on the Isle of May at 56°:10':.85 north latitude and 02°:32':.6 West longitude (South Ness) and thence to a point on the mainland at 56°:03':.4 North latitude and 02°:38':.8 West longitude (Tantallon Castle). | 1st January to 31st December in each year. | a Any method of fishing for herring, mackerel and sprats; b Fishing for any species of sea fish (except herring, mackerel and sprats) from a fishing boat with an overall length not greater than 55 feet. | 1st January to 31st December in each year. |
Signed
Sanderson of Bowden — Minister of State, Scottish Office — 4th December 1989
Explanatory note
(This note is not part of the Order)
This Order amends the existing regulatory regime governing fishing in Scottish inshore waters for sea fish other than salmon and migratory trout.
The Order—
- (a) prohibits fishing for such sea fish with mobile gear (including a suction dredge), subject to specified exceptions, in specified sea areas at certain times of the year (articles 3 and 4 and Schedule 1);
- (b) prohibits creel fishing around the Flannan Isles and an area off the north west coast of Lewis at specified times of the year (article 5 and Schedule 2);
- (c) prohibits in relation to the Firths of Clyde and Forth fishing for any such sea fish other than herring, mackerel and sprats by fishing boats exceeding 70 feet in length in the Firth of Clyde, and 55 feet in length in the Firth of Forth, throughout the year (articles 6 and 7 and Schedule 3); and
- (d) prohibits fishing for lobsters in Scapa Flow between 1st April and 30th September in each year (article 8).
There is an exception from the prohibitions where fishing for sea fish is conducted for the purpose of scientific investigation (article 9).
Contravention of the Order is an offence under section 4 of the Inshore Fishing (Scotland) Act 1984.
The Order revokes the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 1985 and the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) (Amendment) Order 1985, which it replaces (article 10).
Footnotes
[^f00001]: 1984 c. 26
[^f00002]: S.I. 1985/962
[^f00003]: S.I. 1985/1569
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