- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Scottish Statutory Instruments
CONSERVATION OF SEA FISH
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:
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.
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–
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.”.
3. The Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Amendment Order 2003(3) is hereby revoked.
A member of the Scottish Executive
St Andrew’s House,
14th December 2006
(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.
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).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: