The Inshore Fishing (Prohibition of Fishing for Cockles) (Scotland) (No.2) Order 1994

Made: 6th October 1994

Laid before Parliament: 10th October 1994

Coming into force: 1st November 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) (No.2) Order 1994 and shall come into force on 1st November 1994.

Interpretation

2

In this Order–

• “the first specified area” means that part of Scottish inshore waters known as Luce Bay, Dumfries and Galloway Region, bounded to the landward by the mean high-water mark of ordinary spring tides and on or towards the south by a straight line drawn from a point, in the east, at 54 40.6' North latitude and 4 23.45' West longitude (hereinafter referred to as “Burrow Head”) to a point, in the west, at 54 38.4' North latitude and 4 51.2' West longitude; and

• “the second specified area” means that part of Scottish inshore waters adjacent to the coast of Scotland between, in the west, 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 part which is nearer to any point on the coast of England than to any point on the coast of Scotland.

Prohibitions of fishing for cockles

3

• (1) Subject to article 4, fishing for cockles(Cerastoderma edule)–

• (a) from or by means of any vehicle in the first specified area and the second specified area is prohibited from the date of coming into force of this Order until the thirty first day of July 1995 both dates inclusive; and

• (b) by any British fishing boat in the second specified area is prohibited–

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

• (ii) in each year thereafter–

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

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

Exceptions 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 1994([^f00002]) is hereby revoked.

Signed

Hector Monro — Parliamentary Under Secretary of State, Scottish Office — 6th October 1994

Explanatory note

(This note is not part of the Order)

This Order prohibits, subject to an exception, fishing for cockles(Cerastoderma edule)–

• (a) from or by means of any vehicle in the first and second areas specified in article 2 from the date of coming into force of the Order until 31st July 1995 (article 3(a));

• (b) by any British fishing boat in the second area specified in article 2 from the date of coming into force of the Order until 31st December 1994 (article 3(b)(i)) and in each year thereafter–

• (i) from 1st January until 31st July, and

• (ii) on every Friday and Saturday between 1st August and 31st December (article 3(b)(ii)).

Fishing for cockles 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 1994 (article 5).

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

Footnotes

[^f00001]: 1984 c. 26; section 1 was amended by the Inshore Fishing (Scotland) Act 1994 (c. 27), section 1.

[^f00002]: S.I. 1994/1828.