This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(This note is not part of the Order)
This Order prohibits all methods and means of fishing for cockles (Cerastoderma edule) in the Solway Firth (article 2).
The Order specifies the area of the Solway Firth, which forms part of Scottish inshore waters (article 2(2)). The Solway Firth is shown on the illustrative map which accompanies this Note. “Scottish inshore waters” is defined in section 9(1) of the Inshore Fishing (Scotland) Act 1984 (“the 1984 Act”).
The Order excepts from the prohibition, fishing for cockles by, or authorised by, the Scottish Ministers for the purpose of scientific investigation (article 3).
Under section 1(3) of the 1984 Act, any cockles which are caught as an incident of lawful fishing operations in the Solway Firth must be returned to Scottish inshore waters forthwith.
By virtue of section 4 of the 1984 Act, a person—
(a)commits an offence if that person contravenes the prohibition in this Order or section 1(3) of the 1984 Act; and
(b)is liable, on summary conviction, to a maximum fine of £5,000 or, on conviction on indictment, to a fine.
Section 5 of the 1984 Act confers powers on British sea-fishery officers for the purpose of enforcing this Order, which are exercisable in relation to any vehicle, equipment or British fishing boat.
No Business and Regulatory Impact Assessment has been prepared for this Order, as it has no impact on the cost of business.
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