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1.—(1) This Order may be cited as the Razor Clams (Prohibition on Fishing and Landing) (Scotland) Order 2017 and comes into force on 1st February 2018.
(2) This Order extends to Scotland and the Scottish zone only.
2. In this Order—
“day” means a period of 24 hours beginning and ending at midnight;
“razor clams” means razor clams of the species Ensis spp.; and
“tidal waters” means those parts of the Scottish zone, including the seabed and subsoil, which are enclosed between the boundary line following the mean high water spring mark and the boundary line following the mean low water spring mark.
3.—(1) Fishing for razor clams within the Scottish zone is prohibited.
(2) The prohibition in paragraph (1) does not apply to any operations involving fishing for razor clams which, under the authority of the Scottish Ministers, are conducted for the purpose of scientific investigation.
(3) Subject to paragraph (4), the prohibition in paragraph (1) does not apply to fishing for razor clams by hand in tidal waters.
(4) A person fishing for razor clams by hand in tidal waters may take no more than 30 razor clams in any day.
(5) In paragraph (3), “fishing for razor clams by hand” means the taking of razor clams by hand, without the use of any fishing gear or other mechanical device.
4.—(1) The landing in Scotland of any razor clams caught in the Scottish zone is prohibited.
(2) The prohibition in paragraph (1) does not apply to any operations involving the landing of any razor clams in Scotland or the catching of any razor clams in the Scottish zone which, under the authority of the Scottish Ministers, are conducted for the purpose of scientific investigation.
(3) The prohibition in paragraph (1) does not apply to the landing of razor clams after fishing for those razor clams by hand in tidal waters in accordance with article 3(3) and (4).
FERGUS EWING
A member of the Scottish Government
St Andrew’s House,
Edinburgh
28th November 2017
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