The Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 1989

Citation and commencement

1.  This Order may be cited as the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 1989 and shall come into force on 1st January 1990.

Interpretation

2.—(1) In this Order—

• “sea fish” does not include salmon or migratory trout;

• “suction dredging” means the raising from the sea bottom of material, fish and shell fish with gear involving the use of a solids pump or air lift, or water jets to dig into the sea bottom; and “suction dredge” shall be construed accordingly.

(2) Any reference in this Order to a numbered column in a numbered Schedule is a reference to the column so numbered in the Schedule so numbered to this Order.

(3) The periods of prohibition specified in column 3 and, where appropriate, the additional periods of prohibition, excepted methods of fishing for sea fish and periods of exception specified, as the case may be, in columns 4, 5 and 6 of Schedules 1, 2 and 3 are so specified for the purposes of articles 3, 4, 5, 6 and 7 of this Order in relation to the sea areas specified in column 2 of the said Schedules opposite to which they appear.

Prohibition of fishing with mobile or active gear

3.—(1) Subject to article 4 below, fishing for sea fish with a trawl, Danish seine or similar net, purse seine, ring net or dredge (including a suction dredge) is prohibited within the sea areas within Scottish inshore waters specified in column 2 of Schedule 1 during the periods specified in column 3 of that Schedule in relation to such sea areas.

(2) In addition to the prohibition on suction dredging specified in paragraph 1 above, fishing for sea fish with a suction dredge is prohibited in the sea areas within Scottish inshore waters specified in column 2 of Schedule 1 during the periods specified in column 4 of that Schedule in relation to such sea areas.

Exceptions to prohibitions in article 3

4.  The prohibitions contained in article 3 of this Order shall not prevent the use in a sea area specified in column 2 of Schedule 1 of any method of fishing specified in column 5, during the period specified in column 6, of that Schedule, when the method so specified is used in fishing for the species of sea fish also specified in column 5 of the Schedule in the sea area so specified.

Prohibition of creel fishing

5.  Creel fishing for any species of sea fish is prohibited within the sea areas within Scottish inshore waters specified in column 2 of Schedule 2 during the periods specified in column 3 of that Schedule in relation to such sea areas.

General prohibition of fishing in specified areas

6.  Subject to article 7 below, fishing for any species of sea fish is prohibited within the sea areas within Scottish inshore waters specified in column 2 of Schedule 3 during the period specified in column 3 of that Schedule in relation to such sea areas.

Exceptions to prohibition in article 6

7.  The prohibition in article 6 of this Order shall not prevent the use, in a sea area specified in column 2 of Schedule 3, of any method of fishing specified in column 4, during the period specified in column 5, of that Schedule, when the method so specified is used for fishing for the species of sea fish also specified in column 4 of the Schedule in the sea area so specified.

Prohibition of fishing for lobsters

8.—(1) Fishing for lobsters (Homarus gammarus) in Scapa Flow, being the sea area described in paragraph (2) below, is prohibited from the first day of April to the thirtieth day of September, both dates inclusive, in each year.

(2) The sea area mentioned in paragraph (1) above is the sea area bounded on the west by a line drawn from a point on the Island of Hoy at 58 degs 55'.7 North latitude and 03 degs 19'.5 West longitude (Bu Point) to a point on the Island of Graemsay at 58 degs 56'.35 North latitude and 03 degs 18'.725 West longitude (Point of Oxan) to a point on the mainland of Orkney at58 degs 57'.175 North latitude and 03 degs 17'.53 West longitude (The Ness), and on the south by a straight line drawn from a point on the Island of Hoy at 58 degs 48'.25 North latitude and 03 degs 08'.7 West longitude (Martello Tower) to a point on the Island of Flotta at 58 degs 48'.85 North latitude and 03 degs 04'.8 West longitude (Stanger Head) to a point on South Ronaldsay at 58 degs 49' North latitude and 03 degs 01'.95 West longitude (Hoxa Head), and on the east by the Causeways (Churchill Barriers) linking the mainland of Orkney in the vicinity of St Mary’s Holm to Land Holm, Glims Holm, Burray and South Ronaldsay.

Exemption for scientific investigation

9.  The prohibitions contained in this Order shall not apply to fishing for sea fish for the purpose of scientific investigation.

Revocations

10.  The Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 1985 (1)and the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) (Amendment) Order 1985 (2) are hereby revoked.

Sanderson of Bowden

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

4th December 1989