The Loch Ewe, Isle of Ewe, Wester Ross, Scallops Several Fishery Order 2015
In accordance with paragraph 2 of that Schedule, the applicant caused a draft of this Order to be published and circulated and gave notice of the application.
With regard to paragraph 3 of that Schedule, no objections were received and no representations were made in writing to the Scottish Ministers in respect of the draft of this Order.
Citation and commencement1.
This Order may be cited as the Loch Ewe, Isle of Ewe, Wester Ross, Scallops Several Fishery Order 2015 and comes into force on 9th March 2015.
Interpretation2.
(1)
In this Order—
“the applicant” means Scot-Hatch Limited, a company limited by guarantee and having its registered office at No. 2 Isle-Ewe, Aultbea, Achnasheen IV22 2JW;
“creel” means a basket, small cage, pot, receptacle or container with one or more openings or entrances which may be baited and is placed on the seabed for the purpose of catching shellfish;
“the fishery” means that part of the bed of the sea in Loch Ewe, Wester Ross, described in the Schedule to this Order; and
“the grantee” means the applicant or such other person as is for the time being entitled to the right of several fishery conferred by this Order.
(2)
Right of several fishery3.
Subject to the following provisions of this Order, the right of several fishery for scallops with respect to the whole area of the fishery is conferred on the applicant until 9th March 2025.
Restriction on harvesting and deposits4.
The right of several fishery granted by article 3 is subject to the following restrictions—
(a)
that the harvesting of scallops must be carried out manually by divers;
(b)
that the grantee must not without the written consent of the Scottish Ministers deposit within the boundaries of the fishery any juvenile scallop taken from outwith the fishery and must comply with any condition subject to which the Scottish Ministers give such consent.
Permitted fishing implements5.
For the purposes of section 7(4)(a)(iii) of the Sea Fisheries (Shellfish) Act 1967 (protection of fisheries: offences), a creel is specified as an implement of fishing the use of which is permitted within the fishery.
Assignation6.
The grantee must not without the prior written consent of the Scottish Ministers assign or in any other way transfer the right of several fishery to any other person.
Marking of limits of fishery7.
The grantee must cause to be clearly marked the limits of the fishery on the bed and on the surface of the sea and must maintain the marks in position and in good repair.
Rights of the Crown8.
F1(1)
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing in this Order authorises the applicant to take, use, enter upon or, in any manner interfere with any land, or interest in land, any rights of whatever description (including any portion of the shore or bed of the sea, or of any river, channel, creek, bay or estuary) belonging to Her Majesty in right of the Crown and under the management of the Crown Estate Commissioners F2or a relevant person.
F3(2)
In paragraph (1), “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.
Revocations9.
The following Orders are revoked—
(a)
(b)
St Andrew’s House,
Edinburgh
SCHEDULEDESCRIPTION OF THE FISHERY
Interpretation
1.
In this Schedule—
co-ordinate “A” is 57°50.858′ North latitude and 005°37.994′ West longitude;
co-ordinate “B” is 57°50.214′ North latitude and 005°36.514′ West longitude; and
co-ordinate “C” is 57°50.112′ North latitude and 005°36.614′ West longitude.
Description of the fishery
2.
That part of the bed of the sea in Loch Ewe, Wester Ross, extending to 56 hectares or thereby which is bounded by the lines (the topographical descriptions of which are listed in the third column of the following table) which join in the order given the co-ordinates listed in the second column.
Boundary line | Co-ordinates between which the boundary line extends | Topographical description of the boundary line |
|---|---|---|
1. | A and B | Geodesic line |
2. | B and C | Geodetic line |
3. | C and A | By Mean Low Water Springs |
This Order confers on Scot-Hatch Limited (“the applicant”) for a period of 10 years the right of several fishery for scallops in part of Loch Ewe (article 3). The part of Loch Ewe to which the Order applies is described in the Schedule to the Order. The location of the area to which the Order applies is also shown on an indicative map, one copy of which is held in the principal office of Marine Scotland, Victoria Quay, Leith, Edinburgh EH6 6QQ and another of which is held by the applicant at No. 2, Isle-Ewe, Aultbea, Achnasheen IV22 2JW. A representation of the indicative map is appended to this note for illustrative purposes.
By virtue of section 2 of the Sea Fisheries (Shellfish) Act 1967, article 3 of this Order confers on the applicant the exclusive right to deposit, propogate, fish for and take scallops within the area, subject to certain restrictions.
Article 4 of the Order requires the harvesting of scallops under the right of several fishery to be carried out manually by divers and restricts the deposit of juvenile scallops taken from outside the fishery within the boundaries of the fishery.
Article 5 of the Order specifies creels as implements of fishing the use of which is permitted within the fishery.
Article 6 of the Order prohibits the assignation or other transfer of the right of several fishery without the prior written consent of the Scottish Ministers.
Article 7 of the Order requires the limits of the area to be clearly marked and maintained on the bed and surface of the sea.
Article 8 provides that the effect of the Order does not prejudicially affect the rights of the Crown.
Article 9 revokes the Loch Ewe, Isle of Ewe, Wester Ross, Scallops Several Fishery Order 1997 and the Loch Ewe, Isle of Ewe, Wester Ross, Scallops Several Fishery (Variation) Order 2002.
A Business and Regulatory Impact Assessment has been prepared in relation to this Order and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Government, Marine Scotland, Victoria Quay, Leith, Edinburgh EH6 6QQ and online at www.legislation.gov.uk.
