The Inshore Fishing (Prohibition of Fishing for Cockles) (Scotland) Order 1995

Statutory Instruments

1995 No. 1373 (S.102)

SEA FISHERIES

The Inshore Fishing (Prohibition of Fishing for Cockles) (Scotland) Order 1995

Made

25th May 1995

Laid before Parliament

25th May 1995

Coming

15th June 1995

The Secretary of State, in exercise of the powers conferred on him by section 1 of the Inshore Fishing (Scotland) Act 1984(1) and of all other powers enabling him in that behalf and having consulted such bodies as he considers appropriate, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Inshore Fishing (Prohibition of Fishing for Cockles) (Scotland) Order 1995 and shall come into force on 15th June 1995.

Interpretation

2.  In this Order—

“the specified area” means that part of Scottish inshore waters adjacent to the coast of Scotland between, in the west, a point at 54° 40.6' north latitude and 4° 23.45' west longitude (hereinafter referred to as “Burrow Head”) and, in the east, the border with England and lying generally to the east of a straight line drawn from Burrow Head in a direction of 110° 30' true but excluding from that area any part which is nearer to any point on the coast of England than to any point on the coast of Scotland.

Prohibitions of fishing for cockles

3.  Subject to article 4, fishing for cockles (Cerastoderma edule)—

(a) from or by means of any vehicle in Scottish inshore waters, and

(b) by any British fishing boat in the specified area,

is prohibited.

Exception for scientific investigation

4.  The prohibitions contained in this Order shall not apply to fishing for cockles by, or authorised by, the Secretary of State for the purpose of scientific investigation.

Revocation

5.  The Inshore Fishing (Prohibition of Fishing for Cockles) (Scotland) (No.2) Order 1994(2) is hereby revoked.

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

25th May 1995

Explanatory Note

(This note is not part of the Order)

This Order prohibits, subject to an exception, fishing for cockles (Cerastoderma edule)—

(a) from or by means of any vehicle in Scottish inshore waters, and

(b) by any British fishing boat in the area described in article 2 (article 3).

“Scottish inshore waters” is defined in section 9(1) of the Inshore Fishing (Scotland) Act 1984.

Fishing for cockles by, or authorised by, the Secretary of State for the purpose of scientific investigation is excepted from the prohibitions (article 4).

The Order revokes the Inshore Fishing (Prohibition of Fishing for Cockles) (Scotland) (No.2) Order 1994 (article 5).

The Compliance Cost Assessment relating to this Order is available in the library of each House of Parliament. A copy of it can be obtained from Scottish Office Agriculture and Fisheries Department, Library, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TW.

(1)

1984 c. 26; section 1 was amended by the Inshore Fishing (Scotland) Act 1994 (c. 27), section 1.

(2)

S.I. 1994/2613.