The Little Loch Broom Scallops Several Fishery Order 2017

Citation and commencement

1.  This Order may be cited as the Little Loch Broom Scallops Several Fishery Order 2017 and comes into force on 7th May 2017.

Interpretation

2.—(1) In this Order—

“the applicant” means Grant Campbell, having a place of business at Stables Caravan, Fasnagrianach, Lochbroom, Garve, IV23 2RU;

“creel” means a basket, small cage, pot, receptacle or container with one or more openings or entrances which may be baited and is placed on the seabed for the purpose of catching shellfish;

“the fishery” means that part of the bed of the sea in Little Loch Broom, near Ullapool, described in the schedule of this Order;

“the grantee” means the applicant or such other person as is for the time being entitled to the right of several fishery conferred by this Order.

(2) A reference in this Order to anything produced in written form includes a reference to an electronic communication, as defined in section 15(1) of the Electronic Communications Act 2000(1), which has been recorded and is consequently capable of being reproduced.

Right of several fishery

3.  Subject to the following provisions of this Order, the right of several fishery for scallops with respect to the whole area of the fishery is conferred on the applicant until 7th May 2027.

Restriction on harvesting and deposits

4.  The right of several fishery granted by article 3 is subject to the following restrictions—

(a) that the harvesting of scallops must be carried out manually by divers; and

(b) that the grantee must not without the written consent of the Scottish Ministers deposit within the boundaries of the fishery any juvenile scallop taken from outwith the fishery and must comply with any condition subject to which the Scottish Ministers give such consent.

Permitted fishing implements

5.  For the purposes of section 7(4)(a)(iii) of the Sea Fisheries (Shellfish) Act 1967 (protection of fisheries: offences), a creel is specified as an implement of fishing the use of which is permitted within the fishery.

Assignation

6.  The grantee must not without the prior written consent of the Scottish Ministers assign or in any other way transfer the right of several fishery to any other person.

Marking of limits of fishery

7.  The grantee must cause to be clearly marked the limits of the fishery on the bed and on the surface of the sea and must maintain the marks in position and in good repair.

Rights of the Crown

8.—(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing in this Order authorises the applicant to take, use, enter upon or in any manner interfere with any land, or interest in land, any rights of whatever description (including any portion of the shore or bed of the sea, or of any river, channel, creek, bay or estuary) belonging to Her Majesty in right of the Crown and under the management of the Crown Estate Commissioners or a relevant person.

(2) In paragraph (1), “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998(2) applies, means the person who manages that property or those rights or interests.

Revocation

9.  The Little Loch Broom Scallops Several Fishery Order 2002(3) is revoked.

FERGUS EWING

A member of the Scottish Government

St Andrew’s House,

Edinburgh

14th March 2017