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The Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Outer Hebrides) Order 2017

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Citation and commencement

1.  This Order may be cited as the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Outer Hebrides) Order 2017 and comes into force on 1st April 2017.

Interpretation

2.  In this Order—

“boundary line” means a boundary delineated by a line as described in any of schedules 1 to 5;

“co-ordinate” means a co-ordinate of latitude and longitude according to the World Geodetic System 1984 datum(1);

“creel” means a basket, 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;

“dredge” means a mechanical dredge;

“king scallops” means scallops of the species Pecten maximus;

“parlour creel” means a creel covered by netting 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;

“queen scallops” means scallops of the species Chlamys opercularis; and

“suction dredge” means a dredge which raises material and sea fish from the seabed by the use of a solids pump, air lift, or water jets which dig into the seabed.

Prohibited methods of fishing in the Loch Maddy to Stuley Island Protected Area

3.—(1) The following methods of fishing are prohibited in the Loch Maddy to Stuley Island Protected Area—

(a)fishing for any species of sea fish using a suction dredge;

(b)fishing for any species of sea fish except king scallops and queen scallops with a trawl, Danish seine or similar net, purse seine, ring net or dredge between 1st March and 31st October in each year (both dates inclusive); and

(c)all methods of fishing for king scallops or queen scallops between—

(i)1st March and 30th April in each year (both dates inclusive); and

(ii)25th August and 31st October in each year (both dates inclusive).

(2) In this article, “Loch Maddy to Stuley Island Protected Area” means the area described in schedule 1.

Prohibited methods of fishing in the Sound of Harris Protected Area

4.—(1) Fishing for any species of sea fish with a suction dredge is prohibited in the Sound of Harris Protected Area.

(2) In this article, “Sound of Harris Protected Area” means the area described in schedule 2.

Prohibited methods of fishing in the Bragar to Dell Protected Area

5.—(1) Fishing for any species of sea fish with a creel or parlour creel is prohibited in the Bragar to Dell Protected Area between—

(a)1st January and 31st March in each year (both dates inclusive); and

(b)1st November and 31st December in each year (both dates inclusive).

(2) In this article, “Bragar to Dell Protected Area” means the area described in schedule 3.

Prohibited methods of fishing in the Barra Head (Berneray) to Harris Protected Area

6.—(1) Fishing for any species of sea fish with a creel or parlour creel is prohibited in the Barra Head (Berneray) to Harris Protected Area between—

(a)1st January and 31st March in each year (both dates inclusive); and

(b)1st November and 31st December in each year (both dates inclusive).

(2) In this article, “Barra Head (Berneray) to Harris Protected Area” means the area described in schedule 4.

Prohibited methods of fishing in the Loch Roag Protected Area

7.—(1) Fishing for shellfish with a creel or parlour creel is prohibited in the Loch Roag Protected Area between 1st May and 31st July in each year (both dates inclusive).

(2) In this article, “Loch Roag Protected Area” means the area described in schedule 5.

Revocations

8.  The following provisions of the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2004(2) are revoked—

(a)the entry relating to Loch Maddy to Stuley Island, listed as item 15 in column 1 of schedule 1 (prohibition of fishing for sea fish with mobile or active gear);

(b)the entry relating to the Sound of Harris, listed as item 16 in column 1 of schedule 1;

(c)the entry relating to Bragar to Dell, listed as item 2 in column 1 of schedule 2 (prohibition of fishing for sea fish with creels); and

(d)the entry relating to Northern Barra, South Uist, Benbecula, North Uist and Harris, listed as item 4 in column 1 of schedule 2.

FERGUS EWING

A member of the Scottish Government

St Andrew’s House,

Edinburgh

21st February 2017

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