The Shetland Islands Regulated Fishery (Scotland) Order 2009

Interpretation

2.  In this Order—

“the 1967 Act” means the Sea Fisheries (Shellfish) Act 1967;

“the fishery” means that part of the bed of the sea adjacent to the Shetland Islands which lies between the line of mean low water springs and a distance of six nautical miles measured from the baselines from which the breadth of the territorial sea is measured and which is illustrated and shown coloured yellow on the relevant map, with the exception of that part of the bed of the sea at Ura Firth extending to 19.888 hectares or thereby described in the Schedule to the Ura Firth, Shetland Scallops Several Fishery Order 2004(1) and which is illustrated and shown marked in red within the green circle on the relevant map;

“fishing season” means the period of 12 months from 1st February in any year to 31st January in the following year, inclusive of both dates;

“the Organisation” means the Shetland Shellfish Management Organisation, a company limited by guarantee and having its registered office at SFA, Shetland Seafood Centre, Stewart Building, Lerwick, Shetland, ZE1 OLL;

“the prescribed species” means oysters, mussels, cockles, clams, lobsters, scallops, queens, crabs, whelks and razorshells(2); and

“the relevant map” means the map prepared in duplicate, each copy of which is signed by Richard Lochhead, Cabinet Secretary for Rural Affairs and the Environment, and marked “Map referred to in the Shetland Islands Regulated Fishery (Scotland) Order 2009”, one copy of which is deposited in the principal office of Marine Scotland, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TW and the other of which is deposited in the place of business of the Organisation.

(1)

S.S.I. 2004/5.

(2)

Section 1(1) of the Sea Fisheries (Shellfish) Act 1967 provides that the shellfish that may be regulated under an order made in terms of that section are oysters, mussels, cockles, clams, lobsters and any other molluscs or crustaceans of a kind specified in regulations. Scallops and queens were specified for the purposes of section 1 by the Shellfish (Specification of Molluscs) Regulations 1987 (S.I 1987/218), and crabs, whelks and razorshells were specified for that purpose by the Shellfish (Specification of Molluscs and Crustaceans)(Scotland) Regulations 1999 (S.S.I 1999/139).