The Shetland Islands Regulated Fishery (Scotland) Order 2012

Licensing of fishing

5.—(1) No person may dredge, fish for or take any of the prescribed species within the fishery except under the authority of a licence issued, on application, by the Organisation and, subject to paragraphs (4) and (5), a licence is valid for the period, not exceeding 12 months, specified therein.

(2) No person may use a vessel for dredging, fishing for or taking any of the prescribed species within the fishery except under the authority of a licence issued under paragraph (1) in which the vessel is named.

(3) The prohibitions in paragraphs (1) and (2) do not apply to any person—

(a) fishing for or taking; or

(b) using a vessel wholly to fish for or take,

any of the prescribed species within the fishery where none of those species caught or taken is to be sold, traded or otherwise exchanged for benefit.

(4) A person who is the owner of a vessel may apply for, and be issued with, a licence for dredging, fishing for or taking any of the prescribed species from a vessel.

(5) A licence for dredging, fishing for or taking of any of the prescribed species from a vessel, in addition to authorising the applicant, may also authorise—

(a) subject to paragraph (9), a person nominated by the applicant as the applicant’s representative; or

(b) with the written authority of the Organisation and in accordance with any conditions contained in that authority, a person nominated by the applicant or the applicant’s representative as a deputy,

to dredge, fish for or take any of the prescribed species from that vessel.

(6) No applicant who is the registered joint owner of a vessel may be issued with a licence in accordance with paragraph (4) to dredge, fish for or take any of the prescribed species from that vessel if, for the period in respect of which the application relates, the Organisation has—

(a) received from another joint owner an application for a licence; or

(b) granted to another joint owner a licence,

to dredge, fish for or take any of the prescribed species from that vessel.

(7) The Organisation may, after consultation with such organisations as appear to it to be representative of interests likely to be substantially affected by a limitation on the number of licences issued, and such other persons as the Organisation thinks fit, place a limitation on the number of such licences which may be issued in any one fishing season having particular regard to scientific advice on the desirability of limiting the level of exploitation.

(8) Any person dredging, fishing for or taking any of the prescribed species within the fishery under the authority of a licence issued under this article must, when so requested by any officer authorised by the Organisation and after production by that officer of written evidence of the officer’s authority if so required, produce the licence and must desist from dredging, fishing for or taking any of the prescribed species within the fishery until it is produced.

(9) At the discretion of the Organisation, no person may be named on a licence in accordance with paragraph (5)(a) as the representative of an applicant if on at least two separate occasions within the period of 24 months immediately preceding the date of application for the licence that person has been convicted of an offence under section 3(3) of the 1967 Act.