The Wester Ross Marine Conservation Order 2015

Citation, commencement and duration

1.—(1) This Order may be cited as the Wester Ross Marine Conservation Order 2015 and comes into force on 18th August 2015.

(2) This Order remains in force for the period of 12 months from the date on which it comes into force.

Interpretation

2.  In this Order—

“the 2010 Act” means the Marine (Scotland) Act 2010;

“dredge” includes—

(i)

a mechanical dredge; or

(ii)

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,

and any rope or wire associated with the dredge;

“the protected area” means the area described in article 3; and

“Wester Ross MPA” means that area designated as a nature conservation marine protected area by the Wester Ross Nature Conservation Marine Protected Area Order 2014(1).

The protected area

3.  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 Wester Ross MPA.

Prohibited and regulated activities

4.—(1) Paragraphs (2) and (3) apply in order to further the stated conservation objectives of the Wester Ross MPA in relation to burrowed mud, circalittoral muddy sand communities, flame shell beds, kelp and seaweed communities on sublittoral sediment, maerl beds, maerl or coarse shell gravel with burrowing sea cucumbers and northern feather star aggregations on mixed substrata.

(2) A person must not deploy (by any means) or use any dredge within the protected area.

(3) While a fishing vessel is within the protected area the master of the vessel must ensure that any dredge 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 where a dredge is deployed or used 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.

Disapplication of exception to the offences under sections 94 and 95 of the Marine (Scotland) Act 2010

5.  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 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

17th August 2015