Scottish Statutory Instruments
2000 No. 173
SEA FISHERIES
SHELLFISH
The Loch Moidart, North Channel, Scallop Several Fishery (Scotland) Order 2000
Made
9th June 2000
Laid before the Scottish Parliament
13th June 2000
Coming into force
4th July 2000
Whereas an application for an Order under section 1 of the Sea Fisheries (Shellfish) Act 1967(1) has been made to the Scottish Ministers(2), by the Sea Fish Industry Authority;
And whereas the Scottish Ministers have prepared a draft Order and have served a copy of it on the applicant in accordance with paragraph 1 of Schedule 1 to that Act;
And whereas the applicant has caused printed copies of the draft Order to be published and circulated and has given notice of the application all in accordance with paragraph 2 of that Schedule;
And whereas no objections were made with respect to the draft Order;
Now therefore, the Scottish Ministers in exercise of the powers conferred on them by section 1 of, as read with Schedule 1 to the Sea Fisheries (Shellfish) Act 1967, and of all other powers enabling them in that behalf and with the consent of the Crown Estate Commissioners hereby make the following Order:
Citation and commencement
1. This Order may be cited as the Loch Moidart, North Channel, Scallop Several Fishery (Scotland) Order 2000 and shall come into force on 4th July 2000.
Interpretation
2. In this Order–
“the applicant” means the Sea Fish Industry Authority, 18 Logie Mill, 18 Logie Green Road, Edinburgh, EH7 4HG;
“the grantee” means the applicant or such other person as is for the time being entitled to the right of several fishery conferred by this Order
“the definitive map” means the map prepared in duplicate, each copy of which is signed on behalf of the Scottish Ministers and marked “Map referred to in the Loch Moidart, North Channel, Scallop Several Fishery (Scotland) Order 2000”, one such copy of which is deposited in the principal office of the Scottish Executive Rural Affairs Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW and the other such copy of which is deposited in the applicant’s place of business at Seafish Aquaculture, Ardtoe, Acharacle, Argyll, PH36 4LD; and
“the fishery” means that part of the North Channel of Loch Moidart described in the Schedule to this Order and shown coloured pink on the definitive map.
Right of several fishery
3. Subject to the following provisions of this Order there is hereby conferred on the applicant for a period of 10 years beginning on the date on which this Order comes into force, the right of several fishery for scallops with respect to the whole of the area of the fishery.
Restriction on harvesting
4. The right of several fishery granted by article 3 is subject to the restriction that the harvesting of scallops shall be carried out manually by divers.
Assignation
5. The grantee shall not without the prior written consent of the Scottish Ministers assign or in any other way transfer the right of several fishery to any other person.
Marking of limits of fishery
6. The grantee shall cause to be clearly marked the limits of the fishery and shall maintain the marks in position and in good repair.
Rights of the Crown
7.—(1) Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the applicant to take, use, enter upon or in any manner interfere with any land, or interest in land, any rights of whatever description (including any portion of the shore or bed of the sea, or of any river channel, creek, bay or estuary) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners.
(2) A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
JOHN HOME ROBERTSON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
9th June 2000
Article 2
SCHEDULEDESCRIPTION OF THE FISHERY
That part of the Seashore in the North Channel of Loch Moidart comprising the bed of the sea below mean low water springs extending to 81.800 hectares or thereby and bounded as follows: on or toward the east by a straight line extending to 63 metres or thereby, from a point at 56° 48.524' latitude north and 5° 51.271' longitude west to a point 56° 48.491' latitude north and 5° 51.288' longitude west;
thence generally on or towards the south west following the line of mean low water springs on the north east coast of Eilean Shona to a point at 56° 48.619' latitude north and 5° 52.737' longitude west;
thence on or towards the west south west by a straight line extending to 139 metres or thereby to a point on the south east coast of Sgeir dhu an lar at 56° 48.687' latitude north and 5° 52.793' longitude west;
thence generally on or towards the west following the line of mean low water springs on the east coast of Sgeir dhu an lar to a point at 56° 48.756' latitude north and 5° 52.830' longitude west;
thence on or towards the west by a straight line extending to 204 metres or thereby to a point at 56° 48.865' latitude north and 5° 52.802' longitude west;
thence generally on or towards the north west following the line of the mean low water springs on the east coast of a small island to the north of Sgeir dhu an lar, to a point at 56° 48.916' latitude north and 5° 52.738' longitude west;
thence on or towards the north west by a straight line extending to 312 meters or thereby to a point on the south of An Glas-eilean at 56° 49.031' latitude north and 5° 52.514' longitude west;
thence on or towards the north by a straight line extending to 200 metres or thereby to a point at 56° 49.037' latitude north and 5° 52.318' longitude west;
thence generally on or towards the north by a line following the line of mean low water springs on the south coast of Eilean Coille to a point at 56° 49.043' latitude north and 5° 52.112' longitude west;
thence on or towards the north east by a line extending to 200 metres or thereby to a point at 56° 49.049' latitude north and 5° 51.916' longitude west; and
thence south west following the line of mean low water springs along the north coast of the North Channel of Loch Moidart to the point of beginning.
Explanatory Note
(This note is not part of the Order)
This Order confers on the Sea Fish Industry Authority (“the applicant”) for a period of 10 years the right of several fishery for scallops in part of Loch Moidart (article 3). The part of Loch Moidart to which the Order applies is described in the Schedule. The location of the area is also shown on the definitive map (article 2). A copy of the definitive map is held by the Scottish Executive Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW and by the applicant at Seafish Aquaculture, Ardtoe, Acharacle, Argyll, PH36 4LD. A representation of the definitive map for illustrative purposes only is appended to this Note.
The Order requires the harvesting of scallops under the right of several fishery to be carried out manually by divers (article 4).
The Order prohibits the assignation or other transfer of the right of several fishery without the prior written consent of Scottish Ministers (article 5).
The Order requires the limits of the area to be clearly marked and maintained (article 6).
The Order provides that its effect will not prejudicially affect the rights of the Crown except with the Crown’s consent (article 7).
By virtue of section 2 of the Sea Fisheries (Shellfish) Act 1967 this Order confers on the applicant the exclusive right to deposit, propagate, fish for and take scallops within the area.
1967 c. 83; section 1 was amended by the Sea Fisheries Act 1968 (c. 77), section 15(2) and the Fishery Limits Act 1976 (c. 86), Schedule 2, paragraph 15, the Sea Fisheries (Shellfish) (Amendment) Act 1997 (c. 3), and is to be read with the Sea Fisheries Act 1968, section 15(3) to (5); Schedule 1 was amended by the Sea Fisheries Act 1968, section 15(7). Scallops and queens were specified for the purpose of section 1 by the Shellfish (Specification of Molluscs) Regulations (S.I. 1987/218).
1998 (c. 46). The Scottish Ministers are the “appropriate Minister” as defined in section 22(1) of the Sea Fisheries (Shellfish) Act 1967 as amended by the Scotland Act (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) Schedule 2 paragraph 42(10).