Scottish Statutory Instrument 2003 No. 79
The Sea Fish (Prohibited Methods of Fishing) (Firth
of Clyde) Order 2003
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SCOTTISH STATUTORY INSTRUMENTS
2003 No. 79
SEA FISHERIES
CONSERVATION OF SEA FISH
The Sea Fish (Prohibited Methods of Fishing) (Firth of
Clyde) Order 2003
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Made |
13th February 2003 |
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Laid before the Scottish Parliament |
13th February 2003 |
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Coming into force |
14th February 2003 |
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The Scottish Ministers, in exercise of the powers conferred by sections
5(1)(c), 15(3) and 22(2) of the Sea Fish (Conservation) Act 1967[1]
and of all other powers enabling them in that behalf, hereby make the following
Order:
Citation, commencement, cessation and extent
1. - (1) This Order may be cited as the Sea
Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2003 and shall
come into force on 14th February 2003.
(2) This Order shall remain in force until 30th
April 2003.
(3) Subject to paragraph (4), this Order extends
to Scotland and the Scottish zone only.
(4) Insofar as it extends beyond Scotland and
the Scottish zone, it does so only as a matter of Scots law.
Interpretation
2. - (1) In this Order-
"the Act" means the Sea Fish (Conservation) Act 1967;
"the Council Regulation" means Council Regulation (EC) No. 850/98
of 30th March 1998 for the conservation of fishery resources through technical
measures for the protection of juveniles of marine organisms[2]
as corrected by Corrigendum to Annex XII of the Council Regulation[3]
and amended by Council Regulation (EC) No. 308/1999[4],
Council Regulation (EC) No. 1459/99[5], Council Regulation
(EC) No. 2723/99[6], Council Regulation (EC) No. 812/2000[7],
Council Regulation (EC) No. 1298/2000[8], Council Regulation
(EC) No. 724/2001[9], and Council Regulation (EC) No.
973/2001[10];
"creel" means a basket, small cage, pot, receptacle or container
with one or more openings or entrances, which may be baited and is placed
on the seabed for the purpose of catching shellfish and crustacea;
"ICES statistical rectangle" followed by numerals with a letter
shall be construed as a reference to whichever of the statistical sub-areas
and divisions of the International Council for the Exploration of the Sea[11]
is identified therein by those numerals and that letter;
"scallop dredge" means an appliance with a rigid frame mouth which
is towed through the water and is manufactured, adapted, used or intended
for use for the purpose of fishing for king scallops of the specified Pecten
maximus;
"Scotland" and "the Scottish zone" have the same meaning as in section
126(1) of the Scotland Act 1998[12];
"trawl" means a demersal trawl, Danish seine or similar towed net.
(2) For the purposes of this Order a trawl shall
be deemed to have been used for the purpose of fishing for Norway lobsters
(Nephrops norvegicus) if the catch retained on board that boat complies
with the conditions laid down with respect to towed gears of mesh size
range 70 to 79 millimetres in Annex I of the Council Regulation.
Prohibited methods of fishing
3. - (1) Subject to paragraphs (2) and (3),
fishing for sea fish by any method, by any Scottish fishing boat or any
relevant British fishing boat, within the area comprising that part of
the Scottish zone contained within-
(a) that part of ICES statistical rectangle 39E4 which lies to the
east of the peninsula of Kintyre and to the north of a straight line between
55°18'18" North, 05°38'50" West, and 55°00'30" North, 05°09'24"
West; and
(b) that part of ICES statistical rectangle 39E4 which lies to the
north of a straight line between 55°17'57" North, 05°47'54" West
and 55°00'00" North, 05°21'00" West and to the south of a straight
line between 55°18'18" North, 05°38'50" West and 55°00'30"
North, 05°09'24" West,
is prohibited.
(2) The prohibition in paragraph 3(1)(a) shall
not apply to any fishing boat that fishes with-
(3) The prohibition in paragraph 3(1)(b) shall not
apply to any fishing boat that fishes with-
(a) a scallop dredge; or
(b) a creel.
Powers of British sea-fishery officers in relation to fishing boats
4. - (1) For the purposes of the enforcement
of this Order, a British sea-fishery officer may exercise in relation to-
(a) any Scottish fishing boat wherever it may be; and
(b) any relevant British fishing boat within the Scottish zone,
the powers conferred by this article.
(2) The officer may go on board the boat, with
or without persons assigned to assist with the duties of the officer, and
for that purpose may require the boat to stop and do anything else which
will facilitate the boarding of the boat.
(3) The officer may require the attendance of
the master and other persons on board the boat and may make any examination
and inquiry which appears to the officer to be necessary for the purpose
mentioned in paragraph (1) and, in particular-
(a) may examine any fish on the boat and the equipment of the boat,
including the fishing gear, and require persons on board the boat to do
anything which appears to the officer to be necessary for facilitating
the examination;
(b) may require any person on board the boat to produce any document
relating to the boat, to its fishing operations or other operations ancillary
thereto or to the persons on board which is in the custody or possession
of that person and may take copies of any such document;
(c) for the purposes of ascertaining whether the master, owner or
charterer of the boat has committed an offence under section 5(1) or (6)
of the Act[13] as read with this Order, may search the
boat for any such document and may require any person on board the boat
to do anything which appears to the officer to be necessary for facilitating
the search; and
(d) where the boat is one in relation to which the officer has reason
to suspect that such an offence has been committed, may seize and detain
any such document produced to the officer or found on board for the purpose
of enabling the document to be used as evidence in proceedings for the
offence,
but nothing in sub-paragraph (d) shall permit any document required
by law to be carried on board the boat to be seized and detained except
while the boat is detained in a port.
(4) Where it appears to a British sea-fishery
officer that a contravention of this Order has taken place within British
fishery limits, the officer may-
(5) Where the officer detains or requires the detention
of a boat under this article the officer shall serve on the master a notice
in writing stating that the boat will be or is required to be detained
until the notice is withdrawn by the service on the master of a further
notice in writing signed by a British sea-fishery officer.
Revocation
5. The Sea Fish (Prohibited Methods of Fishing)
(Firth of Clyde) Order 2002[14] is hereby revoked.
ROSS FINNIE
A member of the Scottish Executive
St Andrew's House, Edinburgh
13th February 2003
EXPLANATORY NOTE
(This note does not form part of the Order)
This Order prohibits, subject to certain exceptions, all methods
of fishing within certain areas of the Firth of Clyde. The Order is made
pursuant to Article 46 of Council Regulation (EEC) No. 850/98 of 30th March
1998 for the conservation of fishery resources through technical measures
for the protection of juveniles of marine organisms (O.J. No. L 125, 27.4.98,
p.1). A map showing the areas closed to fishing under this Order is appended
to this note for illustrative purposes only. The Order remains in force
until 0000 hours on 30th April 2003 (article 1(2)).
Area 1 on the illustrative map is defined in article 3(1)(a).
Area 2 on the illustrative map is defined in article 3(1)(b).
The prohibition does not apply to vessels fishing within the closed
areas exclusively with scallop dredges, creels and trawls used for fishing
for Norway lobsters (articles 3(2) and (3)).
The Order gives British sea-fishery officers powers to enforce the
Order, including power to detain a vessel in port (article 4).
In terms of section 5(1) or (6) of the Sea Fish (Conservation) Act
1967 it is an offence to fish contrary to the prohibition contained in
the Order. The maximum fine upon summary conviction for an offence under
section 5(1) is £50,000 and upon summary conviction under section
5(6) is £5,000.
The Order revokes the Sea Fish (Prohibited Methods of Fishing) (Firth
of Clyde) Order 2002 (article 5).
The Regulatory Impact Assessment relating to this Order is available
from The Scottish Executive Environment and Rural Affairs Department, Pentland
House, 47 Robb's Loan, Edinburgh, EH14 1TW.
Notes:
[1] 1967 c.84; section 5(1) was substituted by
the Fisheries Act 1981 (c.29), section 22(1); section 15(3) was substituted
by the Sea Fisheries Act 1968 (c.77), Schedule 1, paragraph 38(3) and amended
by the Fishery Limits Act 1976 (c.86) Schedule 2, paragraph 16(1). 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. 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). Section 22(2)(a) which contains a definition of "the Ministers"
for the purposes of section 5 and 15(3) was amended by the Fisheries Act
1981, sections 19(2)(d) and 45(b). The definition has effect in relation
to Scotland with the modifications made by section 22A(12)(b) inserted
by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999
(S.I. 1999/1820), Schedule 2, paragraph 43(13).back
[2] O.J. No. L 125, 27.4.98, p.1.back
[3] O.J. No. L 318, 27.11.98, p.63.back
[4] O.J. No. L 38, 12.2.99, p.6.back
[5] O.J. No. L 168, 3.7.99, p.1.back
[6] O.J. No. L 328, 22.12.99, p.9.back
[7] O.J. No. L 100, 20.4.00, p.3.back
[8] O.J. No. L 148, 22.6.00, p.1.back
[9] O.J. No. L 102, 12.4.01, p.16.back
[10] O.J. No. L 137, 19.5.01, p.1.back
[11] Cmnd. 2586.back
[12] 1998 c.46.back
[13] Subsection (6) was amended by section 22(2)
of the Fisheries Act 1981. By virtue of subsection (7), where subsection
(6) is not complied with in the case of any fishing boat, the master, the
owner and the charterer (if any) are guilty of an offence under that subsection.back
[14] S.S.I. 2002/58.back
ISBN 0 11062048 8
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