The Sharks, Skates and Rays (Prohibition of Fishing, Trans-shipment and Landing) (Scotland) Order 2012

Citation, commencement and extent S

1.—(1) This Order may be cited as the Sharks, Skates and Rays (Prohibition of Fishing, Trans-shipment and Landing) (Scotland) Order 2012 and comes into force on 30th March 2012.

(2) Subject to paragraph (3), this Order extends to Scotland and the Scottish zone only.

(3) So far as it extends beyond Scotland and the Scottish zone, it does so only as a matter of Scots law.

Commencement Information

I1 Art. 1 in force at 30.3.2012, see art. 1(1)

Interpretation S

2.  In this Order—

F1 ...

F2 ...

F3 ...

F3 ...

“Scotland” and “the Scottish zone” have the same meaning as in section 126(1) of the Scotland Act 1998(1);

F3 ...

F3 ...

F3 ...

“tope” means the species Galeorhinus galeus;

“vessel” includes any ship or boat or any other description of vessel used in navigation.

Textual Amendments

F1 Words in art. 2 omitted (31.12.2020) by virtue of The Fisheries (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/24), regs. 1(2)(b), 10(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in art. 2 omitted (31.12.2020) by virtue of The Fisheries (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/24), regs. 1(2)(b), 10(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in art. 2 omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 26(2) (with s. 50, Sch. 4 para. 31)

Commencement Information

I2 Art. 2 in force at 30.3.2012, see art. 1(1)

Application S

F4 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Art. 3 omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 26(3) (with s. 50, Sch. 4 para. 31)

Prohibition of fishing for tope S

4.  Fishing for tope, other than by rod and line or hand-line, by [F5 any fishing boat], is prohibited in the Scottish zone.

Textual Amendments

F5 Words in art. 4 substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 26(4) (with s. 50, Sch. 4 para. 31)

Commencement Information

I3 Art. 4 in force at 30.3.2012, see art. 1(1)

Prohibition of trans-shipment of tope S

5.  The trans-shipment of tope caught by rod and line or hand-line (wherever caught), into or from [F6 any fishing boat], is prohibited in the Scottish zone.

Textual Amendments

F6 Words in art. 5 substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 26(5) (with s. 50, Sch. 4 para. 31)

Commencement Information

I4 Art. 5 in force at 30.3.2012, see art. 1(1)

Prohibition of landing tope S

6.— [F7 (1)] The landing of tope (wherever caught), from [F8 any fishing boat], is prohibited in Scotland.

[F9 (2) The prohibition in paragraph (1) does not apply in relation to tope caught by a foreign fishing boat in waters lying outside British fishery limits.]

Textual Amendments

F7 Art. 6 renumbered as art. 6(1) (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 26(6)(a) (with s. 50, Sch. 4 para. 31)

F8 Words in art. 6(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 26(6)(b) (with s. 50, Sch. 4 para. 31)

F9 Art. 6(2) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 26(6)(c) (with s. 50, Sch. 4 para. 31)

Commencement Information

I5 Art. 6 in force at 30.3.2012, see art. 1(1)

Prohibition of landing specified species of shark, skate and ray S

7.—(1) The landing of any specified species caught by rod and line or hand-line (wherever caught), from [F10 any fishing boat], is prohibited in Scotland.

[F11 (1A) The prohibition in paragraph (1) does not apply in relation to a specified species caught by a foreign fishing boat in waters lying outside British fishery limits.]

(2) In [F12 this article], “specified species” means a species of shark, skate and ray specified in the Schedule.

Textual Amendments

F10 Words in art. 7(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 26(7)(a) (with s. 50, Sch. 4 para. 31)

F11 Art. 7(1A) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 26(7)(b) (with s. 50, Sch. 4 para. 31)

F12 Words in art. 7(2) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 26(7)(c) (with s. 50, Sch. 4 para. 31)

Commencement Information

I6 Art. 7 in force at 30.3.2012, see art. 1(1)

Powers of British sea-fishery officers in relation to fishing boats S

8.—(1) For the purpose of enforcing this Order, a British sea-fishery officer may exercise the powers conferred by this article in relation to—

(a) any Scottish fishing boat wherever it may be;

(b) any [F13 other] fishing boat within the Scottish zone; F14 ...

F14 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The officer may go on board the boat, with or without persons assigned to assist with the officer’s duties, and may require the boat to stop and do anything else which will facilitate the boarding of the boat.

(3) The officer may require the attendance of the master, and other persons on board the boat, and may make any examination and inquiry which appears to the officer to be necessary for the purpose mentioned in paragraph (1) and, in particular—

(a) may examine any fish on the boat and the boat’s equipment, including fishing gear, and require persons on board the boat to do anything which appears to the officer to be necessary for facilitating the examination;

(b) may require any person on board the boat to produce any document relating to the boat, to its fishing (or other ancillary) operations or to the persons on board, which is in the custody or possession of that person, and may take copies of any such document;

(c) for the purpose of ascertaining whether the master, the owner or the charterer (if any) of the boat has committed an offence under section 5(1), 5(6), 6(5) or 6(5A) of the Sea Fish (Conservation) Act 1967(2), as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search; and

(d) where the boat is one in relation to which the officer has reason to suspect that such an offence has been committed, may seize and detain any such document produced to the officer, or found on board, for the purpose of enabling the document to be used as evidence in proceedings for the offence,

but nothing in sub-paragraph (d) permits any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.

(4) Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place, the officer may—

(a) take, or require the master of the boat in relation to which the contravention took place to take, the boat and its crew to the port which appears to the officer to be the nearest convenient port; and

(b) detain, or require the master to detain, the boat in the port.

(5) Where the officer detains or requires the detention of a boat under this article, the officer must serve notice in writing on the master stating that the boat is to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.

Textual Amendments

F13 Word in art. 8(1)(b) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 26(8)(a) (with s. 50, Sch. 4 para. 31)

F14 Art. 8(1)(c) and word omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 26(8)(b) (with s. 50, Sch. 4 para. 31)

Commencement Information

I7 Art. 8 in force at 30.3.2012, see art. 1(1)

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh