The Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Amendment Order 2001

Scottish Statutory Instruments

2001 No. 174

SEA FISHERIES

The Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Amendment Order 2001

Made

8th May 2001

Laid before the Scottish Parliament

9th May 2001

Coming into force

30th May 2001

The Scottish Ministers, in exercise of the powers conferred by section 1 of the Inshore Fishing (Scotland) Act 1984(1) and of all other powers enabling them in that behalf, and having consulted such bodies as they consider appropriate, hereby make the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Amendment Order 2001 and shall come into force on 30th May 2001.

(2) In this Order, “the principal Order” means the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 1989(2) and, unless the context otherwise requires, reference in this Order to an article, Schedule, column or item means an article, Schedule, column or item in the principal Order.

Amendment of the principal Order

2.—(1) The principal Order shall be amended in accordance with the following provisions of this article.

(2) In article 2(1) (interpretation), after the definition of “sea fish” there shall be inserted–

““single trawl” means a single net towed by a two warp rig in which the net has a single groundrope bosom;”.

(3) In Schedule 1 (prohibitions on fishing with mobile or active gear)–

(a) for item 7 there shall be substituted the entries specified in Schedule 1 to this Order; and

(b) at item 26, in the entry in column 2(3), for “one mile” there shall be substituted “two miles”.

(4) In Schedule 2 (prohibition of creel fishing), after item 2 there shall be inserted item 3 as set out in Schedule 2 to this Order.

RHONA BRANKIN

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

8th May 2001

Article 2(3)(a)

SCHEDULE 1 AMENDMENTS TO SCHEDULE 1 TO THE PRINCIPAL ORDER

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
7.	Loch Torridon and the Northern Inner Sound, being the area of waters within a straight line drawn from a point on the mainland south of Redpoint at 57°38' North latitude and 05°46'.4 West longitude to a point at 57°38' North latitude and 05°58' West longitude; thence in a southerly direction to a point at 57°35' North latitude and 05°58'.5 West longitude (Sgeir Shuas); thence in a straight easterly direction to a point on the northern tip of Rona at 57°35' North latitude and 5°58'.35 West longitude; thence along the eastern coast of Rona and Raasay to a point on the eastern coast of Raasay at 57°24'.2 North latitude and 06°01'.13 West longitude; thence in an easterly direction to a point in the Inner Sound at 57°24'.2 North latitude and 05°55'.6 West longitude; thence in a north to north easterly direction to a point in the Inner Sound at 57°28'.25 North latitude and 05°52'.48 West longitude and thence in a straight easterly direction to a point on the mainland at 57°28'.25 North latitude and 05°52'.22 West longitude.	1st January to 31st December in each year.		Dredging (but not suction dredging) for scallops in the area of waters within a straight line drawn from a point on the mainland at 57°34'.8 North latitude and 05°50' West longitude (Rudha na Fearn) to a point in Loch Torridon at 57°37'.5 North latitude and 05°50' West longitude; thence in a south to south westerly direction to a point in the Inner Sound at 57°30' North latitude and 05°54'.5 West longitude and thence in an easterly direction to a point on the mainland at 57°30' North latitude and 05°52'.05 West longitude.	1st April to 30th September in each year.
7A	The Southern Inner Sound including Lochs Carron, Kishorn, Duich, Alsh and Hourn, being the area of waters bounded by a line drawn from a point on the mainland at 57°28'.25 North latitude and 05°52'.22 West longitude; thence in a straight westerly direction to a point in the Inner Sound at 57°28'.25 North latitude and 05°52'.48 West longitude; thence in a south to south westerly direction to a point in the Inner Sound at 57°24'.20 North latitude and 05°55'.60 West longitude; thence in a straight westerly direction to a point on the eastern coast of Raasay at 57°24'.2 North latitude and 06°01'.13 West longitude thence along the eastern coast of Raasay to a point at 57°19'.72 North latitude and 06°03' West longitude (Rudha na Cloiche); from there in a straight line to a point on Skye at 57°18'.7 North latitude and 06°03' West longitude; thence along the eastern coast of Skye to a point at 57°08'.6 North latitude and 05°46'.8 West longitude (Ornsay Lighthouse); from there in a straight line to a point on the mainland at 57°07'.1 North latitude and 05°43'.25 West longitude (Rubha ard Slisneach).	(a) 1st January to 31st March and 1st October to 31st December in each year; (b) 1st January to 31st December in each year in respect of fishing with a demersal trawler with a registered length greater than 12 metres or fishing with any trawl other than a single trawl.	1st April to 30th September in each year.

Article 2(4)

SCHEDULE 2 ITEM TO BE ADDED TO SCHEDULE 2 TO THE PRINCIPAL ORDER

Column 1	Column 2	Column 3
3.	North of Rona, being the sea area within a straight line drawn from a point at 57°44' North latitude and 06°03' West longitude to a point west of Longa Island at 57°44' North latitude and 05°52' West longitude; thence in a straight southerly direction to a point at 57°40' North latitude and 5°52' West longitude; thence in a straight westerly direction to a point at 57°40' North latitude and 05°57'.6 West longitude; thence in a southerly direction to a point at 57°35' North latitude and 5°58'.5 West longitude (Sgeir Shuas); thence in a straight westerly direction to a point at 57°35' North latitude and 06°03' West longitude and thence in a straight northerly direction to the point of beginning.	1st January to 31st December in each year.

Explanatory Note

(This note is not part of the Order)

This Order amends the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 1989 by–

(a) redefining the area and periods of prohibition of the use of mobile or active gear in and around the areas of Loch Torridon, the Northern Inner Sound and the Southern Inner Sound (article 2(3)(a));

(b) permitting dredging for scallops (but not suction dredging) for a specified period and in a specified area around Loch Torridon and the Northern Inner Sound (article 2(3)(a));

(c) prohibiting fishing with a demersal trawler with a registered length greater than 12 metres or fishing with any trawl other than a single trawl, for a specified period and in a specified area around the Southern Inner Sound (article 2(3)(a));

(d) extending the area subject to a prohibition of the use of mobile or active gear between Mons Craig and Doolie Ness from one mile to two miles from the mean high water mark of ordinary spring tides (article 2(3)(b)); and

(e) introducing a ban on fishing by creel in an area north of Rona (article 2(4)).

(1)

1984 c. 26; section 1 was amended by the Inshore Fishing (Scotland) Act 1994 (c. 27), section 1 and by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), article 4 and Schedule 2, paragraph 72. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1989/2307, amended by S.I. 1994/326, 1996/1475 and 1999/751.

(3)

Column 2 of item 26 was amended by S.I. 1996/1475, article 2(3)(b)