2009 No. 444
The Inshore Fishing (Prohibition of Fishing for Cockles) (Western Isles) (Scotland) Order 2009
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 1(1) and (2)(b) and (f) of the Inshore Fishing (Scotland) Act 19841, and all other powers enabling them to do so.
In accordance with section 1(1) of that Act, they have consulted such bodies as they consider appropriate.
Citation, commencement and interpretation1
1
This Order may be cited as the Inshore Fishing (Prohibition of Fishing for Cockles) (Western Isles) (Scotland) Order 2009 and comes into force on 25th January 2010.
2
In this Order—
“foreshore” means the area of the shore between the high and low water marks of ordinary spring tides;
“local government area” has the same meaning as in Part I of the Local Government etc. (Scotland) Act 19942; and
“specified area” means that part of Scottish inshore waters comprising the foreshore within the local government area of the Western Isles3.
Prohibition of fishing for cockles of specified size2
1
Subject to paragraph (2) and article 3, fishing for cockles (Cerastoderma edule) in the specified area is prohibited.
2
The prohibition in paragraph (1) does not apply to cockles which are 30mm or more in size as measured across the longest part of the shell as shown in figure 1 below.
Figure 1
Exception for scientific investigation3
The prohibition in article 2(1) does not apply to fishing for cockles which are less than 30mm in size as measured across the longest part of the shell when such fishing is by, or authorised by, the Scottish Ministers for the purposes of scientific investigation.
(This note is not part of the Order)
Article 2 of the Order prohibits, subject to the exception in article 3, fishing for cockles (Cerastoderma edule) which are less than 30mm in size in the Scottish inshore waters specified in article 1(2). An illustrative map showing the specified area accompanies this Note. “Scottish inshore waters” is defined in section 9(1) of the Inshore Fishing (Scotland) Act 1984.
Article 3 exempts from the prohibition in article 2, fishing for cockles which are less than 30mm in size when such fishing is by, or authorised by, the Scottish Ministers for the purpose of scientific investigation.
The Regulatory Impact Assessment relating to this Order is available from Marine Scotland, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TY.
