The Fishing Boats Designation (EU Exit) (Scotland) Order 2019

Citation, commencement and extent

1.—(1) This Order may be cited as the Fishing Boats Designation (EU Exit) (Scotland) Order 2019 and comes into force on exit day.

(2) This Order extends to Scotland only.

Interpretation

2.—(1) In this Order—

“the Act” means the Fishery Limits Act 1976,

“the baselines”, except where otherwise indicated, means the baselines from which the breadth of the territorial sea adjacent to the United Kingdom, the Channel Islands and the Isle of Man is measured, established by the Territorial Sea (Baselines) Order 2014(1),

“demersal fish” means all sea fish except salmon, migratory trout, mackerel, clupeoid fishes, sand eels, Norway pout, smelts, eels, great weevers, crustaceans and molluscs (other than cephalopods),

“exit day” has the meaning given in section 20(1) of the European Union (Withdrawal) Act 2018(2),

“ICES”, in relation to an area or areas, refers to one or more of the statistical sub-areas and divisions established by the International Council for the Exploration of the Sea(3), listed in column 1 of schedule 2 and respectively described in column 2 of that schedule, but excluding any part of those areas which is within 12 miles from the baselines or which is outside the Scottish zone.

(2) All directions in schedules 1 and 2 are related to the true compass.

Access to fisheries

3.—(1) There are designated for the purposes of section 2(1) of the Act—

(a) the countries specified in column 1 of schedule 1 (“designated countries”), and

(b) in relation to each designated country, the areas specified in respect of that country in column 2 of that schedule (“designated areas”).

(2) The descriptions of sea fish for which the fishing boats registered in any of the designated countries may fish in any designated area are those specified in column 3 of schedule 1 in respect of that area.

(3) Schedule 1 has effect subject to the following—

(a) “combined quota species” means grenadiers, rat-tails, mora mora and greater forkbeard,

(b) where it appears in column 3 of schedule 1 in relation to Norway, “other species” means sea fish of descriptions other than those specified in that column in relation to Norway,

(c) “other white fish” means white fish of descriptions other than those specified in column 3 of schedule 1 in relation to Faroe Islands, subject to the qualification that catches must be limited to by-catches,

(d) “blue ling”, where specified in column 3 of schedule 1 in relation to Faroe Islands, includes by-catches of roundnose grenadier and black scabbard,

(e) “Norway pout”, where specified in column 3 of schedule 1 in relation to Faroe Islands, includes unavoidable by-catches of other species of sea fish,

(f) “sprat”, where specified in column 3 of schedule 1 in relation to Faroe Islands, includes by-catches of blue whiting and herring,

(g) “blue whiting”, where specified in column 3 of schedule 1 in relation to Faroe Islands includes unavoidable by-catches of argentine,

(h) “ling”, where specified in column 3 of schedule 1 in relation to Faroe Islands or Norway, includes by-catches of other species of sea fish,

(i) “tusk”, where specified in column 3 of schedule 1 in relation to Faroe Islands or Norway, includes by-catches of other species of sea fish.

Stowage of gear

4.  Where any fishing gear of a foreign fishing boat(4) is required by section 2(4) of the Act to be stowed while the boat is in an area within the Scottish zone, the gear must be stowed in accordance with the following requirements—

(a) all such fishing gear must be carried wholly inboard,

(b) all nets and trawlboards and weights must be disconnected from their towing or hauling wires or ropes,

(c) all trawlboards and weights must be secured at deck level or carried below deck,

(d) all nets which are on deck or above deck must be securely lashed to some part of the superstructure of the fishing boat.

Revocations

5.  The instruments specified in schedule 3 are revoked so far as they apply to the Scottish zone.

BEN MACPHERSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

At 10.45 a.m. on 28th October 2019