The Conservation of Seals (Scotland) Order 2004

Scottish Statutory Instruments

2004 No. 283

SEA FISHERIES

The Conservation of Seals (Scotland) Order 2004

Made

9th June 2004

Laid before the Scottish Parliament

10th June 2004

Coming into force

4th September 2004

The Scottish Ministers, in exercise of the powers conferred by section 3(1) of the Conservation of Seals Act 1970(1) and of all other powers enabling them in that behalf, and after consultation with the Natural Environment Research Council as required by that section, hereby make the following Order:

Citation, commencement and extent

1.—(1) This Order may be cited as the Conservation of Seals (Scotland) Order 2004 and shall come into force on 4th September 2004.

(2) This Order extends to Scotland only.

Prohibition on killing, injuring or taking of seals

2.  The killing, injuring or taking of seals of the species known as–

(a) Phoca vitulina (common seals); and

(b) Halichoerus grypus (grey seals),

is prohibited in that area enclosed by a line beginning at a point on the coast of Scotland at Noss Head at 58°28.623'North latitude and 003°02.923'West longitude; then due east to the seaward limit of the territorial sea adjacent to Scotland; then in a generally southerly and easterly direction following the seaward limit of the territorial sea adjacent to Scotland to the point of intersection with a line drawn due north from the coast of Scotland at Troup Head at 57°41.652'North latitude and 002°17.744'West longitude; then due south to that point at Troup Head; then in a generally westerly and northerly direction, following the line of mean high water springs, to the point of beginning.

ALLAN WILSON

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

9th June 2004

Explanatory Note

(This note is not part of the Order)

In addition to the close seasons for seals provided for in section 2(1) of the Conservation of Seals Act 1970 (c. 30) (“the 1970 Act”), this Order prohibits from 4th September 2004 the killing, injuring or taking of common seals and grey seals in a defined area within the Moray Firth (article 2).

Subject to general exceptions in section 9 of the 1970 Act and to actings under a licence issued under section 10 of that Act, any person who acts in contravention of this Order is guilty of an offence under section 3(2) of the 1970 Act and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(1)

1970 c. 30. 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).