The Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Order 2000

Explanatory Note

(This note is not part of the Order)

This Order re-enacts with amendments the Prohibition of Multiple Trawls (Scotland) Order 2000 (S.S.I. 2000/226) (“the 2000 Order”) which contained defects identified in a report by the Subordinate Legislation Committee (32nd Report 2000, 19th September 2000, SP Paper 179). The Order provides for stricter measures for the management and conservation of stocks pursuant to Article 46 of Council Regulation (EC) 850/98 of 30th March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (O.J. No. L 125, 27.4.98, p.1.) (“Regulation 850/98”). The Order forms part of the law of Scotland only.

The Order prohibits fishing with any trawl other than a single trawl. The prohibition applies to a Scottish fishing boat wherever it may be and to any other British fishing boat within the Scottish zone (article 3 (1)). The Order introduces a definition of “single trawl” (article 2(1)). The prohibition does not apply to beam trawlers, to fishing in certain areas with a trawl having a specified mesh size of not less than 80 millimetres or to fishing in any area with a trawl having a mesh size of 100 millimetres or more (article 3(2)).

This Order applies the exception to “the Fladen area” (article 2(1)). In the Fladen area there is introduced a minimum mesh size of 80 millimetres for any trawl other than a single trawl (article 3(2)(b)). (Regulation 850/98 provides for a mesh size of 70 millimetres.)

British Sea fishery officers are given certain enforcement powers for the purpose of the enforcement of the Order (article 4).

The 2000 Order is revoked (article 5).

Offences are prescribed by sections 5(1) and (6) of the Sea Fish (Conservation) Act 1967 (c. 84) and penalties by section 11 of that Act, as amended by section 24(1) of the Fisheries Act 1981 (c. 29).