The Shetland Islands Regulated Fishery (Scotland) Order 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

This Order, made under section 1 of the Sea Fisheries (Shellfish) Act 1967 (“the Act”) confers on the Shetland Shellfish Management Organisation (“the Organisation”) the right of regulating a fishery for oysters, mussels, cockles, clams, lobsters, scallops, queens, crabs, whelks and razorshells (“the prescribed species”) on the bed of the sea adjacent to the Shetland Islands for a period of 3 years (article 2) until 31st January 2013.

The situation and extent of the area within which the right is conferred is illustrated on the map which is described in article 2 of the Order. A representation of the map for illustrative purposes only is appended to this Note.

Article 4 confers on the Organisation the power, with the consent of the Scottish Ministers, to impose restrictions on and make regulations respecting dredging, fishing for and taking the prescribed species.

Under Article 5 it is prohibited to dredge, fish for or take any of the prescribed species without a licence from the Organisation.

Article 6 makes provision for the toll payable to the Organisation in respect of the issue of licences for dredging, fishing for or taking any of the prescribed species, and for the variation of this toll with the consent of the Scottish Ministers.

Article 7 confers on the Organisation power to create reserves in the fishery for certain purposes.

Article 8 gives the Organisation power to remove juvenile shellfish from one part of the fishery to another.

Article 9 makes provision for the Organisation to exempt any person from the provisions of the Order, for scientific purposes.

Article 10 makes provision in connection with accounts of the Organisation relating to income and expenditure, and other information.

Article 11 makes provision in connection with the rights of the Crown.

The Regulatory Impact Assessment relating to this Order is available from the Scottish Government’s Rural Directorate, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TY.