The Prohibition of Fishing with Multiple Trawls (Scotland) Order 2017

Citation, commencement and extent S

1.—(1) This Order may be cited as the Prohibition of Fishing with Multiple Trawls (Scotland) Order 2017 and comes into force on 1st December 2017.

(2) Subject to paragraph (3), this Order extends to Scotland and the Scottish zone only.

(3) So far as this Order extends beyond Scotland and the Scottish zone, it does so only as a matter of Scots law.

Commencement Information

I1 Art. 1 in force at 1.12.2017, see art. 1(1)

Interpretation S

2.—(1) In this Order—

[F1 “Regulation 2019/1241” means Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures,]

“beam trawler” means a fishing boat which, in so far as it carries or uses nets, carries or uses only nets which are designed to be towed along the sea-bed and which have their mouth extended by a beam, bar or other rigid device;

“net” means a trawl, seine net or similar towed net; and

“single trawl” means a single net towed by a two warp rig in which the net has a single groundrope bosom.

(2) Expressions in this Order which are not defined in paragraph (1) and which appear in [F2 Regulation 2019/1241] have the same meaning in this Order as they have in the Council Regulation.

Textual Amendments

F1 Words in art. 2(1) substituted (21.12.2020) by The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 6(2)(a)

F2 Words in art. 2(2) substituted (21.12.2020) by The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 6(2)(b)

Commencement Information

I2 Art. 2 in force at 1.12.2017, see art. 1(1)

Prohibition of method of fishing S

3.—(1) This article applies to fishing by—

(a) any Scottish fishing boat wherever it may be; and

(b) any [F3 other] fishing boat within the Scottish zone.

(2) Subject to [F4 paragraphs (3) and (4)], fishing for sea fish with any trawl other than a single trawl is prohibited.

(3) Paragraph (2) does not apply to fishing with two trawls—

(a) by any beam trawler; or

(b) [F5 subject to paragraph (4),] where both trawls have a mesh size of 80 millimetres or more.

[F6 (4) Fishing for redfish with trawls with a mesh size of less than 100 millimetres in the area described in the first sub-paragraph of paragraph 1(1) of Part C of Annex 12 of Regulation 2019/1241 is prohibited.]

Textual Amendments

F3 Word in art. 3(1)(b) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 28(2) (with s. 50, Sch. 4 para. 31)

F4 Words in art. 3(2) substituted (21.12.2020) by The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 6(3)(a)

F5 Words in art. 3(3)(b) inserted (21.12.2020) by The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 6(3)(b)

F6 Art. 3(4) inserted (21.12.2020) by The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 6(3)(c)

Commencement Information

I3 Art. 3 in force at 1.12.2017, see art. 1(1)

Revocation S

4.  The following Orders are revoked—

(a) the Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Order 2000(1); and

(b) the Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Amendment Order 2007(2).

Commencement Information

I4 Art. 4 in force at 1.12.2017, see art. 1(1)

FERGUS EWING

A member of the Scottish Government

St Andrew’s House,

Edinburgh