EXPLANATORY NOTE
(This note is not part of the Order)
This Order prohibits, subject to certain exceptions, all methods of fishing within specified areas of the Firth of Clyde from 14th February until 30th April, during both 2014 and 2015 (articles 1(3) and 3(1)). It is made pursuant to Article 46 of Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms and it remains in force until the end of 30th April 2015 (article 1(2)).
The areas closed to fishing under this Order are shown on the illustrative map which accompanies this Note.
Area 1 on the illustrative map is defined in article 3(1)(a).
Area 2 on the illustrative map is defined in article 3(1)(b).
The Order applies only to Scottish fishing boats and relevant British fishing boats (article 3(1)). The prohibition does not apply to fishing boats that fish within the closed areas exclusively with scallop dredges, creels and (in relation to area 1 on the illustrative map) trawls used for fishing for Norway lobsters (article 3(2) and (3)).
The Order gives British sea-fishery officers powers to enforce the Order, including power to detain a vessel in port (article 4).
It is an offence under section 5(1) of the Sea Fish (Conservation) Act 1967 to use a fishing boat in contravention of a prohibition imposed by this Order. The penalties are fixed by section 11 of that Act. On summary conviction, the penalty is a fine not exceeding £50,000. On conviction on indictment, the penalty is an unlimited fine. In either case, the court may also order forfeiture of any fish in respect of which the offence was committed and of any net or other fishing gear used in committing the offence. On summary conviction, if the court does not order the forfeiture of fish, it may impose an additional fine not exceeding the value of the fish.
The Order revokes the Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2012 (article 5).
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.