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The Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Amendment Order 2006

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Scottish Statutory Instruments

2006 No. 602

SEA FISHERIES

CONSERVATION OF SEA FISH

The Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Amendment Order 2006

Made

14th December 2006

Laid before the Scottish Parliament

15th December 2006

Coming into force

22nd January 2007

The Scottish Ministers, in exercise of the powers conferred by section 5 of the Sea Fish (Conservation) Act 1967(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Amendment Order 2006 and shall come into force on 22nd January 2007.

Amendment of the Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Order 2000

2.  (1)  The Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Order 2000(2) is amended in accordance with this article.

(2) For article 3 (prohibition of method of fishing) substitute–

Prohibition of method of fishing

3.  (1)  Subject to paragraph (2) fishing–

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

(b)by any relevant British fishing boat within the Scottish zone,

with any trawl other than a single trawl is prohibited.

(2) Paragraph (1) shall not apply to fishing with two trawls or fewer–

(a)by any beam trawler;

(b)having a mesh size of not less than 80 millimetres in the Fladen area;

(c)having a mesh size of not less than 80 millimetres–

(i)in ICES VI south of a line drawn westwards from a point on the Scottish mainland at 56°North 05°40'31"West;

(ii)in ICES VII (Irish Sea, West of Ireland and Porcupine Bank, South Coast of Ireland, Bristol Channel and English Channel); or

(iii)in ICES IV south of a line drawn eastwards from the east coast of England at 53° north latitude; and

(d)having a mesh size of 95 millimetres or more..

Revocation

3.  The Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Amendment Order 2003(3) is hereby revoked.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

14th December 2006

Explanatory Note

(This note is not part of the Order)

This Order amends the Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Order 2000 (S.S.I. 2000/405) (“the principal Order”). The Order forms part of the law of Scotland only.

The principal Order provides for stricter measures for the management and conservation of stocks 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).

The Order, which is also made pursuant to Article 46 of that Regulation, substitutes a new article 3 of the principal Order (article 2). New article 3(1) prohibits fishing with any trawl other than a single trawl, subject to the exceptions set out in article 3(2). The prohibition applies to Scottish fishing boats wherever they may be and to relevant British fishing boats within the Scottish zone (article 3(1)).

The prohibition does not apply to fishing with two trawls or fewer where such fishing is carried out by any beam trawler (article 3(2)(a)) or where such fishing is carried out in certain areas with trawls having a mesh size of not less than 80 millimetres (article 3(2)(b) and (c)) or where such fishing is carried out in any area with trawls having a mesh size of 95 millimetres or more (article 3(2)(d)).

Article 3 of the Order revokes the Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Amendment Order 2003.

A Regulatory Impact Assessment relating to this Order has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from The Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TW.

(1)

1967 c. 84; section 5(1) was substituted by the Fisheries Act 1981 (c. 29), section 22(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), which contains a definition of “the Ministers”, was modified in relation to Scotland by section 22A(12)(b) of the 1967 Act, as inserted by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), Schedule 2, paragraph 43(13).

(2)

S.S.I. 2000/405 as amended by the Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Amendment Order 2003 (S.S.I. 2003/166).

(3)

S.S.I. 2003/166.

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