The Inshore Fishing (Prohibition of Fishing for Cockles) (Scotland) Order 1994

Made: 5th July 1994

Laid before Parliament: 11th July 1994

Coming into force: 1st August 1994

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 for Cockles) (Scotland) Order 1994 and shall come into force on 1st August 1994.

Interpretation

2

In this Order—

• “the specified sea area” means that part of Scottish inshore waters adjacent to the coast of Scotland between, in the west, a point at 54°40.6' North latitude and 4°23.45' West longitude (hereafter “Burrow Head”) and, in the east, the border with England and lying generally to the east of a straight line drawn from Burrow Head in a direction of 110°30' true, but excluding from that area any waters which are nearer to any point on the coast of England than to any point on the coast of Scotland.

Prohibitions of fishing for Cockles

3

Subject to article 4, fishing for cockles (Cerastoderma edule) in the specified sea area is prohibited—

• (a) from the date of coming into force of this Order until the thirty first day of December 1994, both dates inclusive; and

• (b) in each year thereafter—

• (i) from the first day of January until the thirty first day of July, both dates inclusive, and

• (ii) on every Friday and Saturday between the first day of August and the thirty first day of December, both dates inclusive.

Exception for scientific investigation

4

The prohibitions contained in this Order shall not apply to fishing for cockles for the purpose of scientific investigation.

Revocation

5

The Inshore Fishing (Prohibition of Fishing for Cockles) (Scotland) Order 1993[^f00002]is hereby revoked.

Signed

Hector Monro — Parliamentary Under Secretary of State, Scottish Office — 5th July 1994

Explanatory note

(This note is not part of the Order)

This Order prohibits, subject to an exception, fishing for cockles (Cerastoderma edule) within that part of Scottish inshore waters described in article 2, during certain periods (article 3). “Scottish inshore waters” is defined in section 9(1) of the Inshore Fishing (Scotland) Act 1984.

Initially cockle fishing is prohibited from the date of coming into force of this Order until 31st December 1994 (article 3(a)). Thereafter fishing for cockles is prohibited each year from 1st January until 31st July (article 3(b)(i)) and on each Friday and Saturday between 1st August and 31st December (article 3(b)(ii)).

Cockle fishing for the purpose of scientific investigation is excepted from the prohibition (article 4).

The Order revokes the Inshore Fishing (Prohibition of Fishing for Cockles) (Scotland) Order 1993 (article 5), which prohibited fishing for cockles in the same specified sea area from the date of its coming into force until 31st December 1993 and imposed annual prohibitions for the same periods specified in article 3(b) of the Order.

The Compliance Cost Assessment relating to these Regulations is available in the library of each House of Parliament. A copy of it can be obtained from the Scottish Office Agriculture and Fisheries Department, Division J1, Room 510, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TW.

Footnotes

[^f00001]: 1984 c. 26.

[^f00002]: S.I. 1993/1709.