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1.—(1) This Order may be cited as the South Arran Marine Conservation Order 2014 and comes into force on 1st October 2014.
(2) This Order remains in force for the period of 12 months from the date on which it comes into force.
2. In this Order—
“the 2010 Act” means the Marine (Scotland) Act 2010;
“boundary line” means a boundary line delineated by a geodesic line;
“co-ordinate” means co-ordinates of latitude and longitude according to the World Geodetic System 1984(1);
“creel” means a basket, small cage, receptacle or container with one or more openings or entrances which may be baited and placed on the seabed for the purpose of catching shellfish;
“dredge” includes—
a mechanical dredge; or
a suction dredge which raises material, fish and shellfish from the seabed with gear by the use of a solids pump, air lift, or water jets which dig into the seabed;
“fishing gear” includes a creel, dredge, parlour creel, passive gear, trawl and any rope or wire associated with the gear;
“parlour creel” means a creel which has at least two compartments, entry to one or more of which is likely to be gained only through an internal connection from another compartment;
“passive gear” means any fishing gear or catch operation which does not require an active movement of the gear, excluding creels and parlour creels, but including—
gillnets, trammel nets and trap nets;
drifting gillnets, and drifting trammel nets, any of which may be equipped with anchoring, floating and navigational gear; and
long lines, lines, pots and traps;
“the protected area” means the area described in article 3;
“South Arran MPA” means that area designated as a nature conservation marine protected area by the South Arran Nature Conservation Marine Protected Area Order 2014; and
“trawl” means all types of trawl, including demersal and pelagic trawls.
3.—(1) For the purposes of this Order, the area protected by it is—
(a)the seabed and subsoil; and
(b)all of the water covering the seabed,
within the three parts of the South Arran MPA which are described in paragraph (2).
(2) The parts of that area are enclosed by the boundary lines which are respectively described in Parts 1, 2 and 3 of the Schedule, in each case by reference to the co-ordinates of the points joined by the boundary line.
4.—(1) Paragraphs (2) and (3) apply in order to further the stated conservation objectives of the South Arran MPA in relation to maerl beds.
(2) A person must not—
(a)anchor any vessel (including the fixing of moorings or anchors to the seabed);
(b)deploy (by any means) and use any fishing gear;
(c)deposit (by any means) anything on the seabed; or
(d)remove anything from the seabed,
within the protected area.
(3) While a fishing vessel is within the protected area the master of the vessel must ensure that any fishing gear carried on board the vessel is properly lashed and stowed in such a way that it may not be readily used.
(4) Paragraphs (2) and (3) do not apply in relation to any activity specified which is carried out within the protected area for the purpose of saving life, or for the purpose of securing the safety of a vessel, aircraft or marine structure.
5.—(1) The Scottish Ministers may, following written application to them, issue a permit authorising any activity mentioned in paragraph (2) which would, apart from any such permit, be unlawful under this Order.
(2) The activities mentioned in this paragraph are—
(a)the deposit (by any means) of a camera and any associated apparatus on the seabed for the purpose of scientific research;
(b)the removal by any means of—
(i)anything from the seabed; or
(ii)any part of the seabed,
for the purpose of scientific research; and
(c)the deployment and use of pelagic trawls.
(3) The Scottish Ministers must not determine an application by issuing a permit unless they are satisfied that there is no significant risk of the activity hindering the achievement of the stated conservation objectives for the South Arran MPA in relation to maerl beds.
6. Paragraph (b) of section 97(1) of the 2010 Act does not apply in relation to—
(a)an offence under section 94 of the 2010 Act of contravening this Order;
(b)an offence under section 95 of the 2010 Act committed in relation to the protected area.
RICHARD LOCHHEAD
A member of the Scottish Government
St Andrew’s House,
Edinburgh
30th September 2014
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