The Scalpay Island, Isle of Skye, Scallops Several Fishery Order 1998

Explanatory Note

(This note is not part of the Order)

This Order confers on M.F.G. & J.A. Walford for a period of 15 years the right of several fishery for scallops in part of the sea bed lying off the east coast of Scalpay Island, Isle of Skye (article 2). The part of the sea bed to which the Order applies is described in the Schedule. The location of the area is also shown on the definitive map (article 1(2)). A copy of the definitive map is held by the Scottish Office Agriculture, Environment and Fisheries Department, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW and by the applicant at Scalpay House, Broadford, Isle of Skye, IV49 9BS. A representation of the definitive map is appended to this Note.

The Order requires the harvesting of scallops under the right of several fishery to be carried out manually by divers (article 3).

The Order prohibits the assignation or other transfer of the right of several fishery without the prior written consent of the Secretary of State (article 4).

The Order requires the limits of the area to be clearly marked and maintained on the bed and surface of the sea (article 5).

The Order provides that its effect will not prejudicially affect the rights of the Crown except with the Crown’s consent (article 6).

By virtue of section 2 of the Sea Fisheries (Shellfish) Act 1967 this Order confers on the applicant the exclusive right to deposit, propagate, fish for and take scallops within the area.