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The Regulation of Scallop Fishing (Scotland) Order 2017

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Exemption from the restrictions in article 4

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5.—(1) A British fishing boat is exempt from the restrictions in article 4 if and so long as either the first condition referred to in paragraph (2) or the second condition referred to in paragraph (3) is complied with.

(2) The first condition is that while the British fishing boat is in Scottish inshore waters or any other part of the territorial sea of the United Kingdom adjacent to Scotland—

(a)the total length of any tow bar deployed does not exceed 7.5 metres;

(b)no more than 2 tow bars are deployed at any time; and

(c)no more than 8 scallop dredges are towed from each of the port and starboard sides of the fishing boat at any time.

(3) The second condition is that—

(a)a British fishing boat undertakes a single fishing trip for king scallops within the Scottish zone;

(b)in the course of such a trip, the fishing boat tows scallop dredges in both—

(i)any part of the territorial sea of the United Kingdom adjacent to Scotland; and

(ii)any other part of the Scottish zone;

(c)the total length of any tow bar carried on board the fishing boat or deployed does not exceed 7.5 metres;

(d)no more than 2 tow bars are deployed at any time; and

(e)no more than 8 scallop dredges are towed from each of the port and starboard sides of the fishing boat at any time.

(4) For the purposes of this article—

(a)“tow bar” means any device or appliance which is capable of being used for the purpose of fixing or attaching a scallop dredge to a British fishing boat for the purpose of enabling such a dredge to be towed by the fishing boat; and

(b)the length of a tow bar is measured by measuring the length of the bar, including those parts of the bar which extend over the wheels, skids or any other devices at each end of the bar which are designed to facilitate its movement.

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