(This note is not part of the Order)
This Order, which extends to Scotland only, confers on Ormsary Farmers (“the applicant”) for a period of 15 years the right of several fishery for scallops in part of the sea at Loch Caolisport (article 3). The part of Loch Caolisport to which the Order applies is described in the Schedule. The location of the area is also shown on an indicative map, a copy of which is available for inspection at the principal office of the Scottish Executive Environment and Rural Affairs Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW and at Ormsary Estate Office, PO Box 7, Lochgilphead, Argyll. A representation of the indicative plan is appended to this note for illustrative purposes.
By virtue of section 2 of the Sea Fisheries (Shellfish) Act 1967 and the grant of several fishery under this Order, the applicant has, within the limits of the fishery described in the Schedule the exclusive right to deposit, propagate, fish for and take scallops which, under section 7 of that Act, are the absolute property of the applicant.
The Order also provides that–
(a)the harvesting of scallops under the right of several fishery shall only be carried out manually by divers (article 4);
(b)creels are specified as an implement of fishing the use of which is permitted within the fishery (article 5);
(c)the assignation or other transfer of the right of several fishery is prohibited without the prior consent of Scottish Ministers (article 6);
(d)the limits of the fishery require to be clearly marked on the bed and surface of the sea and maintained in good position and repair (article 7); and
(e)nothing in the Order shall prejudicially affect the rights of the Crown (article 8).