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The Shetland Islands Regulated Fishery (Scotland) Order 2012

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order 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”, defined in article 2) on the bed of the sea adjacent to the Shetland Islands for a period of 15 years until 31st January 2028 (article 3).

The situation and extent of the area within which the right is conferred is illustrated on the map which is described in article 2. 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.

Article 7 confers on the Organisation power to create reserves in the fishery for certain purposes and 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 the accounts of the Organisation relating to income and expenditure, and other information.

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

A Business and Regulatory Impact Assessment (“BRIA”) has been prepared in relation to this Order and placed in the Scottish Parliament Information Centre. Copies of the BRIA are available from Marine Scotland, Victoria Quay, Leith, Edinburgh, EH6 6QQ and on line at www.legislation.gov.uk.

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