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Marine (Scotland) Act 2010

Power to restrict fishing for sea fish

231.Section 5 of the Sea Fish (Conservation) Act 1967 enables the Ministers (the Scottish Ministers as regards Scotland) to make an order restricting fishing for sea fish of any description and by any method specified for any period and creates an offence where any fishing boat is used in contravention of such an order. Any fish caught in contravention of a restriction of an order made under this section must be returned immediately to the sea. An order made under this section as regards Scotland to an area outside the Scottish Zone may apply only to Scottish Fishing boats, and to any boat within that zone.

232.Orders made under section 5 apply only to fishing boats and not to persons fishing from the shore. That section is amended so that orders may be made in relation to such persons. Offences are also created in respect of persons fishing in contravention of an order.

233.By applying section 198(1) and (2) of the Marine and Coastal Access Act 2009 to Scotland section 158 amends section 5(1) so that orders may also be made in relation to persons fishing from the shore. Amendments also provide for restrictions to be made in an order to place limits on how much fish a person or a fishing boat may take in any given period. Any fish caught in excess of this limit must be returned to the sea. The order may provide that any sea fish caught during the relevant period but returned to the sea as soon as the limit is exceeded do not count towards the limit imposed by the order in question. In addition, the amendments provide that an order which prohibits fishing for sea fish, or fishing for sea fish by any specified method, may require the stowage of fishing gear.

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