1.—(1) This Order may be cited as the Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2017 and comes into force on 14th February 2018.
(2) This Order remains in force until the end of 30th April 2019.
(3) The prohibition in article 3(1) has effect during the following periods:—
(a)from 14th February 2018 until the end of 30th April 2018; and
(b)from 14th February 2019 until the end of 30th April 2019.
2.—(1) In this Order—
“creel” means a basket, small cage, pot, receptacle or container with one or more openings or entrances, which may be baited and is placed on the seabed for the purpose of catching sea fish;
“ICES statistical rectangle” followed by numerals with a letter is a reference to whichever of the statistical sub-areas and divisions of the International Council for the Exploration of the Sea(1) is identified therein by those numerals and that letter;
“British fishing boat” means a fishing boat which either is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995(2) or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act;
“scallop dredge” means an appliance with a rigid framed mouth which is towed through the water and is manufactured, adapted, used or intended for use for the purpose of fishing for king scallops of the species Pecten maximus; and
“trawl” means a demersal trawl, seine net or similar towed net.
(2) For the purposes of this Order, a trawl is deemed to have been used for the purpose of fishing for Norway lobsters (of the species Nephrops norvegicus) if the catch retained on board a fishing boat meets the minimum percentage of target species specified for Norway lobster in respect of towed gears of mesh size range 80 to 99 millimetres in Annex I to Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms(3).
3.—(1) Fishing for sea fish by any method, by any British fishing boat, is prohibited in the area comprising that part of the Scottish zone contained within—
(a)that part of ICES statistical rectangle 39E4 which lies to the east of the peninsula of Kintyre and to the north of a straight line between 55°18′18″ north latitude, 05°38′50″ west longitude, and 55°00′30″ north latitude, 05°09′24″ west longitude; and
(b)that part of ICES statistical rectangle 39E4 which lies to the north of a straight line between 55°17′57″ north latitude, 05°47′54″ west longitude and 55°00′00″ north latitude, 05°21′00″ west longitude and to the south of a straight line between 55°18′18″ north latitude, 05°38′50″ west longitude and 55°00′30″ north latitude, 05°09′24″ west longitude(4).
(2) Subject to paragraph (4), the prohibition in paragraph (1)(a) does not apply to any fishing boat that fishes with only—
(a)a scallop dredge;
(b)a creel; or
(c)a trawl used for fishing for Norway lobsters.
(3) The prohibition in paragraph (1)(b) does not apply to any fishing boat that fishes with only—
(a)a scallop dredge; or
(b)a creel.
(4) Paragraph (2) is not to be read as allowing any fishing for sea fish in any part of the area described in paragraph (1)(a) which is otherwise prohibited by the South Arran Marine Conservation Order 2015(5).
4. The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2016(6) is revoked.
FERGUS EWING
A member of the Scottish Government
St Andrew’s House,
Edinburgh
14th December 2017