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The Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2015

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Scottish Statutory Instruments

2015 No. 435

Sea Fisheries

The Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2015

Made

16th December 2015

Laid before the Scottish Parliament

18th December 2015

Coming into force

8th February 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 1 and 2A of the Inshore Fishing (Scotland) Act 1984(1) and all other powers enabling them to do so.

In accordance with section 1(1) of that Act, they have consulted such bodies as they considered appropriate.

Citation and commencement

1.  This Order may be cited as the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2015 and comes into force on 8th February 2016.

Interpretation

2.  In this Order—

“beam trawl” means a type of demersal trawl which has its mouth extended by a beam, bar or other rigid device;

“boundary line” means a boundary delineated by a line as described in any of Schedules 1 to 13;

“co-ordinate” means a co-ordinate of latitude and longitude according to the World Geodetic System 1984 Datum(2);

“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 sea fish;

“demersal seine net” means an encircling net, attached to ropes, which is laid on, and towed across, the seabed;

“demersal trawl” means a net which is towed along the seabed;

“dredge” means—

(a)

a mechanical dredge; or

(b)

a suction dredge which raises material and sea fish from the seabed by the use of a solids pump, air lift or water jets which dig into the seabed;

“fishing gear” means a beam trawl, demersal seine net, demersal trawl, dredge, handline, passive gear, pelagic trawl, rod and line, or any other device used for fishing purposes, and any rope or wire associated with the gear;

“handline” means a single fishing line which is held in a person’s hand;

“horse mussel” means horse mussel of the species Modiolus modiolus;

“parlour creel” means a creel which has at least two compartments, entry to one or more of which is likely to be gained only through an internal connection from another compartment;

“passive gear” means any fishing gear or catch operation which does not require an active movement of the gear, including—

(a)

gillnets, trammel nets and trap nets;

(b)

drifting gillnets and drifting trammel nets, any of which may be equipped with anchoring, floating or navigational gear;

(c)

long lines and lines; and

(d)

creels and parlour creels;

“pelagic trawl” means any trawl or encircling net which has no contact with the seabed during a fishing operation; and

“set net” means—

(a)

a gillnet, trammel net or trap net; or

(b)

a drifting gillnet or drifting trammel net, either of which may be equipped with anchoring, floating or navigational fishing gear.

Prohibited methods of fishing in the East Mingulay Protected Area

3.—(1) Fishing for sea fish with a dredge, beam trawl, demersal seine net or demersal trawl is prohibited in the East Mingulay Protected Area.

(2) Subject to paragraph (3), fishing for sea fish with any fishing gear is prohibited in the Inner East Mingulay Protected Area.

(3) The prohibition in paragraph (2) does not apply to fishing for sea fish with a pelagic trawl.

(4) In this article—

“East Mingulay Protected Area” means the area described in Part 1 of Schedule 1; and

“Inner East Mingulay Protected Area” means the area described in Part 2 of Schedule 1.

Prohibited fishing and prohibited methods of fishing in the Loch Creran Protected Area

4.—(1) Subject to paragraphs (3) and (4), fishing for sea fish with any fishing gear is prohibited in the Loch Creran Protected Area.

(2) Fishing for horse mussels is prohibited in the Loch Creran Protected Area.

(3) The prohibition in paragraph (1) does not apply to fishing for sea fish with a rod and line or a handline.

(4) The prohibition in paragraph (1) does not apply to fishing for sea fish with a creel or parlour creel in—

(a)the Loch Creran First Creel Fishing Excepted Area; or

(b)the Loch Creran Second Creel Fishing Excepted Area.

(5) In this article—

“Loch Creran Protected Area” means the area described in Part 1 of Schedule 2;

“Loch Creran First Creel Fishing Excepted Area” means the area described in Part 2 of Schedule 2; and

“Loch Creran Second Creel Fishing Excepted Area” means the area described in Part 3 of Schedule 2.

Prohibited methods of fishing in the Loch Laxford Protected Area

5.—(1) Fishing for sea fish with a dredge, beam trawl, demersal trawl or demersal seine net is prohibited in the Loch Laxford Protected Area.

(2) In this article, “Loch Laxford Protected Area” means the area described in Schedule 3.

Prohibited methods of fishing in the Loch Sween Protected Area

6.—(1) Subject to paragraphs (2) and (3), fishing for sea fish by hand or with a dredge, beam trawl, demersal seine net or demersal trawl is prohibited in the Loch Sween Protected Area.

(2) Subject to paragraph (3), the prohibition in paragraph (1) does not apply to fishing for sea fish in the Loch Sween Excepted Area—

(a)from a fishing boat with a gross tonnage of no more than 75 tonnes, with a demersal trawl or a mechanical dredge; or

(b)by hand.

(3) Fishing for sea fish with a mechanical dredge in the Loch Sween Excepted Area is prohibited at any time other than between 0700 hours and 2100 hours on Monday to Friday of each week.

(4) In this article—

“by hand”, in relation to sea fishing, means the catching or collection of sea fish without using any fishing gear;

“Loch Sween Protected Area” means the area described in Part 1 of Schedule 4; and

“Loch Sween Excepted Area” means the area described in Part 2 of Schedule 4.

Prohibited fishing and prohibited methods of fishing in the Loch Sunart Protected Area

7.—(1) Subject to paragraph (3), fishing for sea fish with a dredge, set net, long line, line, beam trawl, demersal trawl, demersal seine net, creel or parlour creel is prohibited in the Loch Sunart Protected Area.

(2) Fishing for horse mussels is prohibited in the Loch Sunart Protected Area.

(3) The prohibition in paragraph (1) does not apply to fishing for sea fish with a creel or parlour creel in the Loch Sunart Creel Fishing Excepted Area.

(4) In this article—

“Loch Sunart Protected Area” means the area described in Part 1 of Schedule 5; and

“Loch Sunart Creel Fishing Excepted Area” means the area described in Part 2 of Schedule 5.

Prohibited fishing and prohibited methods of fishing in the Southern Inner Sound Protected Area

8.—(1) Subject to paragraphs (2), (3) and (4), fishing for sea fish with a dredge, beam trawl, demersal trawl or demersal seine net is prohibited in the Southern Inner Sound Protected Area.

(2) Subject to paragraphs (3) and (4), the prohibition in paragraph (1) does not apply to fishing for sea fish with a mechanical dredge, beam trawl, demersal trawl or demersal seine net in the Southern Inner Sound Protected Area from 1st April to 30th September in each year (both dates inclusive).

(3) Paragraph (2) does not apply to fishing for sea fish in the Southern Inner Sound Protected Area—

(a)from a fishing boat with a registered length greater than 12 metres, with a demersal trawl;

(b)from a fishing boat, with any trawl other than a single trawl.

(4) Paragraph (2) does not apply to fishing for sea fish in the Lochs Duich, Long and Alsh Additional Protected Area.

(5) Fishing for horse mussels is prohibited in the Lochs Duich, Long and Alsh Additional Protected Area.

(6) In this article—

“Southern Inner Sound Protected Area” means the area described in Part 1 of Schedule 6;

“Lochs Duich, Long and Alsh Additional Protected Area” means the area described in Part 2 of Schedule 6; and

“single trawl” means a single net towed by a two warp rig in which the net has a single groundrope bosom.

Prohibited fishing and prohibited methods of fishing in the Noss Head and Sinclair Bay Protected Area

9.—(1) Fishing for sea fish with a dredge, beam trawl, demersal trawl or demersal seine net is prohibited in the Noss Head and Sinclair Bay Protected Area.

(2) Fishing for horse mussels is prohibited in the Noss Head and Sinclair Bay Protected Area.

(3) In this article, “Noss Head and Sinclair Bay Protected Area” means the area described in Schedule 7.

Prohibited methods of fishing in the Sanday Protected Area

10.—(1) Fishing for sea fish with a dredge, beam trawl, demersal trawl, demersal seine net or set net is prohibited in the Sanday Protected Area.

(2) In this article, “Sanday Protected Area” means the area described in Schedule 8.

Prohibited methods of fishing in the St Kilda Protected Area

11.—(1) Fishing for sea fish with a dredge, beam trawl, demersal trawl, demersal seine net or set net is prohibited in the St Kilda Protected Area.

(2) In this article, “St Kilda Protected Area” means the area described in Schedule 9.

Prohibited methods of fishing in the Treshnish Isles Protected Area

12.—(1) Fishing for sea fish with a dredge, beam trawl, demersal trawl, demersal seine net or set net is prohibited in the Treshnish Isles Protected Area.

(2) In this article, “Treshnish Isles Protected Area” means the area described in Schedule 10.

Prohibited fishing and prohibited methods of fishing in the Upper Loch Fyne Protected Area

13.—(1) Subject to paragraph (2), fishing for sea fish with a dredge, beam trawl, demersal trawl or demersal seine net is prohibited in the Upper Loch Fyne Protected Area.

(2) The prohibition in paragraph (1) does not apply to fishing for sea fish from a fishing boat with a gross tonnage of no more than 75 tonnes, with a demersal trawl in the Upper Loch Fyne Excepted Area.

(3) Fishing for horse mussels is prohibited in the Upper Loch Fyne Protected Area.

(4) Fishing for sea fish with a creel, parlour creel, set net or long line is prohibited in the Upper Loch Fyne Additional Flame Shell Protected Area.

(5) In this article—

“Upper Loch Fyne Protected Area” means the area described in Part 1 of Schedule 11;

“Upper Loch Fyne Excepted Area” means the area described in Part 2 of Schedule 11; and

“Upper Loch Fyne Additional Flame Shell Protected Area” means the area described in Part 3 of Schedule 11.

Prohibited fishing and prohibited methods of fishing in the Loch Goil Protected Area

14.—(1) Subject to paragraph (2), fishing for sea fish with a dredge, beam trawl, demersal trawl or demersal seine net is prohibited in the Loch Goil Protected Area.

(2) The prohibition in paragraph (1) does not apply to fishing for sea fish from a fishing boat with a gross tonnage of no more than 75 tonnes, with a demersal trawl in the Loch Goil Excepted Area.

(3) Fishing for horse mussels is prohibited in the Loch Goil Protected Area.

(4) In this article—

“Loch Goil Protected Area” means the area described in Part 1 of Schedule 12; and

“Loch Goil Excepted Area” means the area described in Part 2 of Schedule 12.

Prohibited methods of fishing in the Wyre and Rousay Sounds Protected Area

15.—(1) Fishing for sea fish with a dredge, beam trawl, demersal trawl or demersal seine net is prohibited within the Wyre and Rousay Sounds Protected Area.

(2) In this article, “Wyre and Rousay Sounds Protected Area” means the area described in Schedule 13.

Revocations

16.—(1) The following provisions of the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2004(3) are revoked—

(a)the entry relating to Loch Sween, listed as item 6 in column 1 of Schedule 1;

(b)the entry relating to the Southern Inner Sound including Lochs Carron, Kishorn, Duich, Alsh and Hourn, listed as item 8 in column 1 of Schedule 1;

(c)the entry relating to Loch Laxford, listed as item 13 in column 1 of Schedule 1; and

(d)the entry relating to Sinclair Bay, listed as item 21 in column 1 of Schedule 1.

(2) The Inshore Fishing (Prohibited Methods of Fishing) (Loch Creran) Order 2007(4) is revoked.

RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew’s House,

Edinburgh

16th December 2015

Article 3

SCHEDULE 1EAST MINGULAY PROTECTED AREA

PART 1DESCRIPTION OF THE EAST MINGULAY PROTECTED AREA

Interpretation

1.  In Part 1 of this Schedule—

  • co-ordinate “A” is 56°52.134′ North latitude and 007°19.976′ West longitude;

  • co-ordinate “B” is 56°46.941′ North latitude and 007°20.174′ West longitude;

  • co-ordinate “C” is 56°45.316′ North latitude and 007°20.597′ West longitude;

  • co-ordinate “D” is 56°44.085′ North latitude and 007°22.547′ West longitude;

  • co-ordinate “E” is 56°42.513′ North latitude and 007°26.966′ West longitude;

  • co-ordinate “F” is 56°46.807′ North latitude and 007°29.761′ West longitude;

  • co-ordinate “G” is 56°48.125′ North latitude and 007°29.311′ West longitude;

  • co-ordinate “H” is 56°51.383′ North latitude and 007°23.490′ West longitude; and

  • co-ordinate “I” is 56°52.132′ North latitude and 007°21.490′ West longitude.

Description of the East Mingulay Protected Area

2.  The East Mingulay Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.A to BGeodesic line
2.B to CGeodesic line
3.C to DGeodesic line
4.D to EGeodesic line
5.E to FGeodesic line
6.F to GGeodesic line
7.G to HGeodesic line
8.H to IGeodesic line
9.I to AGeodesic line

PART 2DESCRIPTION OF THE INNER EAST MINGULAY PROTECTED AREA

Interpretation

3.  In Part 2 of this Schedule—

  • co-ordinate “J” is 56°48.125′ North latitude and 007°29.311′ West longitude;

  • co-ordinate “K” is 56°50.188′ North latitude and 007°25.625′ West longitude;

  • co-ordinate “L” is 56°50.189′ North latitude and 007°21.544′ West longitude;

  • co-ordinate “M” is 56°49.834′ North latitude and 007°20.952′ West longitude;

  • co-ordinate “N” is 56°48.571′ North latitude and 007°22.010′ West longitude;

  • co-ordinate “O” is 56°48.575′ North latitude and 007°23.777′ West longitude;

  • co-ordinate “P” is 56°47.122′ North latitude and 007°23.773′ West longitude;

  • co-ordinate “Q” is 56°46.034′ North latitude and 007°25.958′ West longitude;

  • co-ordinate “R” is 56°44.885′ North latitude and 007°26.203′ West longitude;

  • co-ordinate “S” is 56°44.436′ North latitude and 007°25.453′ West longitude;

  • co-ordinate “T” is 56°43.162′ North latitude and 007°25.141′ West longitude;

  • co-ordinate “U” is 56°42.513′ North latitude and 007°26.966′ West longitude; and

  • co-ordinate “V” is 56°46.807′ North latitude and 007°29.761′ West longitude.

Description of Inner East Mingulay Protected Area

4.  The Inner East Mingulay Protected Area is that part of Scottish inshore waters within the East Mingulay Protected Area, including the seabead and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.J to KGeodesic line
2.K to LGeodesic line
3.L to MGeodesic line
4.M to NGeodesic line
5.N to OGeodesic line
6.O to PGeodesic line
7.P to QGeodesic line
8.Q to RGeodesic line
9.R to SGeodesic line
10.S to TGeodesic line
11.T to UGeodesic line
12.U to VGeodesic line
13.V to JGeodesic line

Article 4

SCHEDULE 2LOCH CRERAN PROTECTED AREA

PART 1DESCRIPTION OF THE LOCH CRERAN PROTECTED AREA

Interpretation

1.  In Part 1 of this Schedule—

  • co-ordinate “A” is 56°32.347′ North latitude and 005°25.078′ West longitude; and

  • co-ordinate “B” is 56°32.083′ North latitude and 005°25.054′ West longitude.

Description of the Loch Creran Protected Area

2.  The Loch Creran Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.A to BLine following the mean low water spring mark
2.B to AGeodesic line

PART 2DESCRIPTION OF THE LOCH CRERAN FIRST CREEL FISHING EXCEPTED AREA

Interpretation

3.  In Part 2 of this Schedule—

  • co-ordinate “C” is 56°31.512′ North latitude and 005°23.668′ West longitude;

  • co-ordinate “D” is 56°31.345′ North latitude and 005°22.950′ West longitude;

  • co-ordinate “E” is 56°31.453′ North latitude and 005°22.434′ West longitude;

  • co-ordinate “F” is 56°31.306′ North latitude and 005°22.043′ West longitude;

  • co-ordinate “G” is 56°31.944′ North latitude and 005°19.998′ West longitude;

  • co-ordinate “H” is 56°32.630′ North latitude and 005°19.348′ West longitude;

  • co-ordinate “I” is 56°32.967′ North latitude and 005°18.255′ West longitude;

  • co-ordinate “J” is 56°32.672′ North latitude and 005°18.205′ West longitude;

  • co-ordinate “K” is 56°32.115′ North latitude and 005°18.790′ West longitude;

  • co-ordinate “L” is 56°31.333′ North latitude and 005°20.756′ West longitude;

  • co-ordinate “M” is 56°31.271′ North latitude and 005°21.537′ West longitude;

  • co-ordinate “N” is 56°30.921′ North latitude and 005°22.547′ West longitude; and

  • co-ordinate “O” is 56°31.294′ North latitude and 005°23.682′ West longitude.

Description of the Loch Creran First Creel Fishing Excepted Area

4.  The Loch Creran First Creel Fishing Excepted Area is that part of Scottish inshore waters within the Loch Creran Protected Area, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.C to DGeodesic line
2.D to EGeodesic line
3.E to FGeodesic line
4.F to GGeodesic line
5.G to HGeodesic line
6.H to IGeodesic line
7.I to JGeodesic line
8.J to KGeodesic line
9.K to LGeodesic line
10.L to MGeodesic line
11.M to NGeodesic line
12.N to OGeodesic line
13.O to CGeodesic line

PART 3DESCRIPTION OF THE LOCH CRERAN SECOND CREEL FISHING EXCEPTED AREA

Interpretation

5.  In Part 3 of this Schedule—

  • co-ordinate “P” is 56°32.959′ North latitude and 005°16.420′ West longitude;

  • co-ordinate “Q” is 56°33.154′ North latitude and 005°15.795′ West longitude;

  • co-ordinate “R” is 56°33.025′ North latitude and 005°15.354′ West longitude;

  • co-ordinate “S” is 56°32.931′ North latitude and 005°15.342′ West longitude; and

  • co-ordinate “T” is 56°32.805′ North latitude and 005°16.273′ West longitude.

Description of the Loch Creran Second Creel Fishing Excepted Area

6.  The Loch Creran Second Creel Fishing Excepted Area is that part of Scottish inshore waters within the Loch Creran Protected Area, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.P to QGeodesic line
2.Q to RGeodesic line
3.R to SGeodesic line
4.S to TGeodesic line
5.T to PGeodesic line

Article 5

SCHEDULE 3LOCH LAXFORD PROTECTED AREA

Interpretation

1.  In this Schedule—

  • co-ordinate “A” is 58°24.752′ North latitude and 005°08.438′ West longitude; and

  • co-ordinate “B” is 58°25.744′ North latitude and 005°07.321′ West longitude.

Description of the Loch Laxford Protected Area

2.  The Loch Laxford Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.A to BLine following the mean low water spring mark
2.B to AGeodesic line

Article 6

SCHEDULE 4LOCH SWEEN PROTECTED AREA

PART 1DESCRIPTION OF THE LOCH SWEEN PROTECTED AREA

Interpretation

1.  In Part 1 of this Schedule—

  • co-ordinate “A” is 55°54.226′ North latitude and 005°45.174′ West longitude;

  • co-ordinate “B” is 55°57.001′ North latitude and 005°43.510′ West longitude;

  • co-ordinate “C” is 55°57.853′ North latitude and 005°42.450′ West longitude;

  • co-ordinate “D” is 55°53.198′ North latitude and 005°41.053′ West longitude; and

  • co-ordinate “E” is 55°53.204′ North latitude and 005°41.084′ West longitude.

Description of the Loch Sween Protected Area

2.  The Loch Sween Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.A to BGeodesic line
2.B to CGeodesic line
3.C to DLine following the mean high water spring mark
4.D to EGeodesic line
5.E to AGeodesic line

PART 2DESCRIPTION OF THE LOCH SWEEN EXCEPTED AREA

Interpretation

3.  In Part 2 of this Schedule—

  • co-ordinate “F” is 55°54.226′ North latitude and 005°45.174′ West longitude;

  • co-ordinate “G” is 55°57.001′ North latitude and 005°43.510′ West longitude;

  • co-ordinate “H” is 55°57.853′ North latitude and 005°42.450′ West longitude;

  • co-ordinate “I” is 55°56.910′ North latitude and 005°42.829′ West longitude;

  • co-ordinate “J” is 55°55.950′ North latitude and 005°42.810′ West longitude;

  • co-ordinate “K” is 55°54.920′ North latitude and 005°41.202′ West longitude;

  • co-ordinate “L” is 55°53.198′ North latitude and 005°41.053′ West longitude; and

  • co-ordinate “M” is 55°53.204′ North latitude and 005°41.084′ West longitude.

Description of the Loch Sween Excepted Area

4.  The Loch Sween Excepted Area is that part of Scottish inshore waters within the Loch Sween Protected Area, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.F to GGeodesic line
2.G to HGeodesic line
3.H to ILine following the mean high water spring mark
4.I to JGeodesic line
5.J to KGeodesic line
6.K to LLine following the mean high water spring mark
7.L to MGeodesic line
8.M to FGeodesic line

Article 7

SCHEDULE 5LOCH SUNART PROTECTED AREA

PART 1DESCRIPTION OF THE LOCH SUNART PROTECTED AREA

Interpretation

1.  In Part 1 of this Schedule—

  • co-ordinate “A” is 56°40.798′ North latitude and 006°01.803′ West longitude; and

  • co-ordinate “B” is 56°39.030′ North latitude and 006°00.165′ West longitude.

Description of the Loch Sunart Protected Area

2.  The Loch Sunart Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.A to BLine following the mean low water spring mark
2.B to AGeodesic line

PART 2DESCRIPTION OF THE LOCH SUNART CREEL FISHING EXCEPTED AREA

Interpretation

3.  In Part 2 of this Schedule—

  • co-ordinate “C” is 56°40.798′ North latitude and 006°01.803′ West longitude;

  • co-ordinate “D” is 56°38.316′ North latitude and 005°51.911′ West longitude;

  • co-ordinate “E” is 56°38.265′ North latitude and 005°51.936′ West longitude; and

  • co-ordinate “F” is 56°39.030′ North latitude and 006°00.165′ West longitude.

Description of the Loch Sunart Creel Fishing Excepted Area

4.  The Loch Sunart Creel Fishing Excepted Area is that part of Scottish inshore waters within the Loch Sunart Protected Area, including the seabed and the subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.C to DLine following the mean low water spring mark
2.D to EGeodesic line
3.E to FLine following the mean low water spring mark
4.F to CGeodesic line

Article 8

SCHEDULE 6SOUTHERN INNER SOUND PROTECTED AREA

PART 1DESCRIPTION OF THE SOUTHERN INNER SOUND PROTECTED AREA

Interpretation

1.  In this Schedule—

  • co-ordinate “A” is 57°28.234′ North latitude and 005°52.321′ West longitude;

  • co-ordinate “B” is 57°07.104′ North latitude and 005°43.349′ West longitude;

  • co-ordinate “C” is 57°08.598′ North latitude and 005°46.821′ West longitude;

  • co-ordinate “D” is 57°18.706′ North latitude and 006°03.048′ West longitude;

  • co-ordinate “E” is 57°19.688′ North latitude and 006°03.017′ West longitude;

  • co-ordinate “F” is 57°24.184′ North latitude and 006°01.147′ West longitude;

  • co-ordinate “G” is 57°24.184′ North latitude and 005°55.667′ West longitude; and

  • co-ordinate “H” is 57°28.234′ North latitude and 005°52.548′ West longitude.

Description of the Southern Inner Sound Protected Area

2.  The Southern Inner Sound Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.A to BLine following the mean low water spring mark
2.B to CGeodesic line
3.C to DLine following the mean low water spring mark
4.D to EGeodesic line
5.E to FLine following the mean low water spring mark
6.F to GGeodesic line
7.G to HGeodesic line
8.H to AGeodesic line

PART 2DESCRIPTION OF THE LOCHS DUICH, LONG AND ALSH ADDITIONAL PROTECTED AREA

Interpretation

3.  In this Schedule—

  • co-ordinate “I” is 57°16.872′ North latitude and 005°43.977′ West longitude;

  • co-ordinate “J” is 57°13.548′ North latitude and 005°39.131′ West longitude;

  • co-ordinate “K” is 57°13.525′ North latitude and 005°39.724′ West longitude;

  • co-ordinate “L” is 57°16.430′ North latitude and 005°45.136′ West longitude;

  • co-ordinate “M” is 57°16.491′ North latitude and 005°45.164′ West longitude;

  • co-ordinate “N” is 57°16.586′ North latitude and 005°45.710′ West longitude;

  • co-ordinate “O” is 57°16.630′ North latitude and 005°45.836′ West longitude;

  • co-ordinate “P” is 57°16.711′ North latitude and 005°46.062′ West longitude;

  • co-ordinate “Q” is 57°16.872′ North latitude and 005°46.004′ West longitude;

  • co-ordinate “R” is 57°16.988′ North latitude and 005°45.720′ West longitude;

  • co-ordinate “S” is 57°17.000′ North latitude and 005°45.494′ West longitude;

  • co-ordinate “T” is 57°16.918′ North latitude and 005°45.281′ West longitude;

  • co-ordinate “U” is 57°16.767′ North latitude and 005°44.905′ West longitude; and

  • co-ordinate “V” is 57°16.850′ North latitude and 005°44.335′ West longitude.

Description of the Lochs Duich, Long and Alsh Additional Protected Area

4.  The Lochs Duich, Long and Alsh Additional Protected Area is that part of Scottish inshore waters within the Southern Inner Sound Protected Area, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.I to JLine following the mean low water spring mark
2.J to KGeodesic line
3.K to LLine following the mean low water spring mark
4.L to MGeodesic line
5.M to NGeodesic line
6.N to OGeodesic line
7.O to PGeodesic line
8.P to QGeodesic line
9.Q to RGeodesic line
10.R to SGeodesic line
11.S to TGeodesic line
12.T to UGeodesic line
13.U to VGeodesic line
14.V to IGeodesic line

Article 9

SCHEDULE 7NOSS HEAD AND SINCLAIR BAY PROTECTED AREA

Interpretation

1.  In this Schedule—

  • co-ordinate “A” is 58°38.643′ North latitude and 003°01.468′ West longitude;

  • co-ordinate “B” is 58°38.644′ North latitude and 002°60.000′ West longitude;

  • co-ordinate “C” is 58°28.744′ North latitude and 003°00.001′ West longitude;

  • co-ordinate “D” is 58°28.744′ North latitude and 003°01.165′ West longitude;

  • co-ordinate “E” is 58°27.200′ North latitude and 003°00.356′ West longitude;

  • co-ordinate “F” is 58°26.170′ North latitude and 003°00.625′ West longitude;

  • co-ordinate “G” is 58°26.103′ North latitude and 003°01.311′ West longitude;

  • co-ordinate “H” is 58°26.971′ North latitude and 003°01.886′ West longitude;

  • co-ordinate “I” is 58°28.027′ North latitude and 003°02.002′ West longitude;

  • co-ordinate “J” is 58°28.744′ North latitude and 003°02.467′ West longitude; and

  • co-ordinate “K” is 58°28.745′ North latitude and 003°03.014′ West longitude;

Description of the Noss Head and Sinclair Bay Protected Area

2.  The Noss Head and Sinclair Bay Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.A to BGeodesic line
2.B to CGeodesic line
3.C to DGeodesic line
4.D to EGeodesic line
5.E to FGeodesic line
6.F to GGeodesic line
7.G to HGeodesic line
8.H to IGeodesic line
9.I to JGeodesic line
10.J to KGeodesic line
11.K to ALine following the mean low water spring mark

Article 10

SCHEDULE 8SANDAY PROTECTED AREA

Interpretation

1.  In this Schedule—

  • co-ordinate “A” is 59°17.668′ North latitude and 002°36.917′ West longitude;

  • co-ordinate “B” is 59°17.686′ North latitude and 002°37.961′ West longitude;

  • co-ordinate “C” is 59°18.976′ North latitude and 002°37.952′ West longitude;

  • co-ordinate “D” is 59°18.976′ North latitude and 002°37.069′ West longitude;

  • co-ordinate “E” is 59°18.974′ North latitude and 002°36.062′ West longitude;

  • co-ordinate “F” is 59°19.273′ North latitude and 002°35.167′ West longitude;

  • co-ordinate “G” is 59°19.970′ North latitude and 002°33.080′ West longitude;

  • co-ordinate “H” is 59°19.967′ North latitude and 002°24.088′ West longitude;

  • co-ordinate “I” is 59°16.971′ North latitude and 002°21.737′ West longitude;

  • co-ordinate “J” is 59°15.971′ North latitude and 002°21.727′ West longitude;

  • co-ordinate “K” is 59°15.972′ North latitude and 002°26.082′ West longitude;

  • co-ordinate “L” is 59°12.466′ North latitude and 002°30.090′ West longitude;

  • co-ordinate “M” is 59°12.471′ North latitude and 002°37.080′ West longitude;

  • co-ordinate “N” is 59°12.972′ North latitude and 002°37.082′ West longitude;

  • co-ordinate “O” is 59°13.931′ North latitude and 002°37.078′ West longitude;

  • co-ordinate “P” is 59°13.934′ North latitude and 002°36.404′ West longitude; and

  • co-ordinate “Q” is 59°13.904′ North latitude and 002°36.369′ West longitude.

Description of the Sanday Protected Area

2.  The Sanday Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.A to BGeodesic line
2.B to CGeodesic line
3.C to DGeodesic line
4.D to EGeodesic line
5.E to FGeodesic line
6.F to GGeodesic line
7.G to HGeodesic line
8.H to IGeodesic line
9.I to JGeodesic line
10.J to KGeodesic line
11.K to LGeodesic line
12.L to MGeodesic line
13.M to NGeodesic line
14.N to OGeodesic line
15.O to PGeodesic line
16.P to QGeodesic line
17.Q to ALine following the mean high water spring mark

Article 11

SCHEDULE 9ST KILDA PROTECTED AREA

Interpretation

1.  In this Schedule—

  • co-ordinate “A” is 57°45.937′ North latitude and 008°25.836′ West longitude;

  • co-ordinate “B” is 57°45.980′ North latitude and 008°30.192′ West longitude;

  • co-ordinate “C” is 57°45.954′ North latitude and 008°41.913′ West longitude;

  • co-ordinate “D” is 57°54.549′ North latitude and 008°41.946′ West longitude; and

  • co-ordinate “E” is 57°54.519′ North latitude and 008°25.780′ West longitude.

Description of the St Kilda Protected Area

2.  The St Kilda Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.A to BGeodesic line
2.B to CGeodesic line
3.C to DGeodesic line
4.D to EGeodesic line
5.E to AGeodesic line

Article 12

SCHEDULE 10TRESHNISH ISLES PROTECTED AREA

Interpretation

1.  In this Schedule—

  • co-ordinate “A” is 56°31.916′ North latitude and 006°23.595′ West longitude;

  • co-ordinate “B” is 56°31.106′ North latitude and 006°21.223′ West longitude;

  • co-ordinate “C” is 56°28.139′ North latitude and 006°25.315′ West longitude; and

  • co-ordinate “D” is 56°29.067′ North latitude and 006°27.601′ West longitude.

Description of the Treshnish Isles Protected Area

2.  The Treshnish Isles Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.A to BGeodesic line
2.B to CGeodesic line
3.C to DGeodesic line
4.D to AGeodesic line

Article 13

SCHEDULE 11UPPER LOCH FYNE PROTECTED AREA

PART 1DESCRIPTION OF THE UPPER LOCH FYNE PROTECTED AREA

Interpretation

1.  In Part 1 of this Schedule—

  • co-ordinate “A” is 55°59.827′ North latitude and 005°23.340′ West longitude; and

  • co-ordinate “B” is 55°59.762′ North latitude and 005°20.512′ West longitude.

Description of the Upper Loch Fyne Protected Area

2.  The Upper Loch Fyne Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.A to BLine following the mean low water spring mark
2.B to AGeodesic line

PART 2DESCRIPTION OF THE UPPER LOCH FYNE EXCEPTED AREA

Interpretation

3.  In Part 2 of this Schedule—

  • co-ordinate “C” is 56°03.451′ North latitude and 005°18.961′ West longitude;

  • co-ordinate “D” is 56°13.161′ North latitude and 005°05.007′ West longitude;

  • co-ordinate “E” is 56°12.412′ North latitude and 005°03.709′ West longitude; and

  • co-ordinate “F” is 56°03.036′ North latitude and 005°17.341′ West longitude.

Description of the Upper Loch Fyne Excepted Area

4.  The Upper Loch Fyne Excepted Area is that part of Scottish inshore waters within the Upper Loch Fyne Protected Area, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.C to DLine following the mean low water spring mark
2.D to EGeodesic line
3.E to FLine following the mean low water spring mark
4.F to CGeodesic line

PART 3DESCRIPTION OF THE UPPER LOCH FYNE ADDITIONAL FLAME SHELL PROTECTED AREA

Interpretation

5.  In Part 3 of this Schedule—

  • co-ordinate “G” is 55°59.827′ North latitude and 005°23.340′ West longitude;

  • co-ordinate “H” is 56°01.338′ North latitude and 005°20.712′ West longitude;

  • co-ordinate “I” is 56°00.501′ North latitude and 005°19.483′ West longitude; and

  • co-ordinate “J” is 55°59.762′ North latitude and 005°20.512′ West longitude.

Description of the Upper Loch Fyne Additional Flame Shell Protected Area

6.  The Upper Loch Fyne Additional Flame Shell Protected Area is that part of Scottish inshore waters within the Upper Loch Fyne Protected Area, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.G to HLine following the mean low water spring mark
2.H to IGeodesic line
3.I to JLine following the mean low water spring mark
4.J to GGeodesic line

Article 14

SCHEDULE 12LOCH GOIL PROTECTED AREA

PART 1DESCRIPTION OF THE LOCH GOIL PROTECTED AREA

Interpretation

1.  In Part 1 of this Schedule—

  • co-ordinate “A” is 56°06.067′ North latitude and 004°51.639′ West longitude;

  • co-ordinate “B” is 56°06.071′ North latitude and 004°51.399′ West longitude;

  • co-ordinate “C” is 56°05.743′ North latitude and 004°51.760′ West longitude; and

  • co-ordinate “D” is 56°05.540′ North latitude and 004°52.508′ West longitude.

Description of the Loch Goil Protected Area

2.  The Loch Goil Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.A to BGeodesic line
2.B to CGeodesic line
3.C to DGeodesic line
4.D to ALine following the mean low water spring mark

PART 2DESCRIPTION OF THE LOCH GOIL EXCEPTED AREA

Interpretation

3.  In Part 2 of this Schedule—

  • co-ordinate “E” is 56°05.863′ North latitude and 004°51.627′ West longitude;

  • co-ordinate “F” is 56°05.743′ North latitude and 004°51.760′ West longitude;

  • co-ordinate “G” is 56°05.565′ North latitude and 004°52.416′ West longitude;

  • co-ordinate “H” is 56°05.811′ North latitude and 004°52.601′ West longitude; and

  • co-ordinate “I” is 56°06.140′ North latitude and 004°52.187′ West longitude.

Description of the Loch Goil Excepted Area

4.  The Loch Goil Excepted Area is that part of Scottish inshore waters within the Loch Goil Protected Area, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.E to FGeodesic line
2.F to GGeodesic line
3.G to HGeodesic line
4.H to IGeodesic line
5.I to EGeodesic line

Article 15

SCHEDULE 13WYRE AND ROUSAY SOUNDS PROTECTED AREA

Interpretation

1.  In this Schedule—

  • co-ordinate “A” is 59°10.694′ North latitude and 002°55.249′ West longitude;

  • co-ordinate “B” is 59°10.277′ North latitude and 002°55.478′ West longitude;

  • co-ordinate “C” is 59°10.239′ North latitude and 002°55.527′ West longitude;

  • co-ordinate “D” is 59°07.317′ North latitude and 002°55.113′ West longitude;

  • co-ordinate “E” is 59°07.133′ North latitude and 002°57.047′ West longitude;

  • co-ordinate “F” is 59°06.713′ North latitude and 003°00.653′ West longitude;

  • co-ordinate “G” is 59°06.610′ North latitude and 003°01.729′ West longitude;

  • co-ordinate “H” is 59°07.593′ North latitude and 003°02.084′ West longitude; and

  • co-ordinate “I” is 59°10.795′ North latitude and 002°57.145′ West longitude;

Description of the Wyre and Rousay Sounds Protected Area

2.  The Wyre and Rousay Sounds Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary LineCo-ordinates between which the boundary line extendsTopographical description of boundary line
1.A to BLine following the mean low water spring mark
2.B to CGeodesic line
3.C to DLine following the mean low water spring mark
4.D to EGeodesic line
5.E to FLine following the mean low water spring mark
6.F to GGeodesic line
7.G to HGeodesic line
8.H to ILine following the mean low water spring mark
9.I to AGeodesic line

EXPLANATORY NOTE

(This note is not part of the Order)

Article 11(1) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy (OJ L 354, 28.12.2013, p.22) empowers EU member States to adopt conservation measures which are necessary for compliance with obligations under EU environmental legislation. This Order prohibits, subject to certain exceptions where applicable, specified methods of fishing within specified areas which have been designated as a Special Area of Conservation or as a Marine Protected Area.

Article 3 and Schedule 1 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in East Mingulay. Fishing with any fishing gear except a pelagic trawl is also prohibited in a smaller inner area within the larger protected area.

Article 4 and Schedule 2 prohibit fishing for sea fish with any fishing gear in an area of Scottish inshore waters in Loch Creran. Fishing for horse mussels is also prohibited in the same protected area. An exception to the prohibition applies throughout the protected area so as to permit fishing for sea fish with a rod and line or a handline. Exceptions also apply so as to permit fishing for sea fish with a creel or parlour creel in two excepted fishing areas within the larger protected area.

Article 5 and Schedule 3 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in Loch Laxford.

Article 6 and Schedule 4 prohibit fishing for sea fish by hand or with specified fishing gear in an area of Scottish inshore waters in Loch Sween. An exception to the prohibition applies so as to permit fishing by specified methods within an excepted area within the larger protected area. However, part of the exception permits fishing only between certain hours of specified days of the week.

Article 7 and Schedule 5 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in Loch Sunart. Fishing for horse mussels is also prohibited in the same protected area. An exception applies so as to permit fishing for sea fish with a creel or parlour creel in a designated fishing area within the larger protected area.

Article 8 and Schedule 6 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in the Southern Inner Sound. A seasonal exception applies so as to permit fishing with specified types of fishing gear within the protected area. However, the exception does not apply to fishing by specified methods, or to fishing in two smaller areas within the larger protected area. Fishing for horse mussels is also prohibited in the two smaller areas.

Article 9 and Schedule 7 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in Noss Head and Sinclair Bay. Fishing for horse mussels is also prohibited in the same protected area.

Article 10 and Schedule 8 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in Sanday.

Article 11 and Schedule 9 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in St Kilda.

Article 12 and Schedule 10 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in the Treshnish Isles.

Article 13 and Schedule 11 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in Upper Loch Fyne. Fishing for horse mussels is also prohibited in the same protected area. An exception to the prohibition applies so as to permit fishing from boats with a gross tonnage of no more than 75 tonnes, using a demersal trawl, in a designated area within the larger protected area. Fishing with a creel, parlour creel, set net or long line is also prohibited in an additional smaller protected area within the larger protected area.

Article 14 and Schedule 12 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in Loch Goil. Fishing for horse mussels is also prohibited in the same protected area. An exception to the prohibition applies so as to permit fishing from boats with a gross tonnage of no more than 75 tonnes, using a demersal trawl, in a designated area within the larger protected area.

Article 15 and Schedule 13 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in the Wyre and Rousay Sounds.

Article 16 revokes entries in the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2004 relating to Loch Sween; the Southern Inner Sound including Lochs Carron, Kishorn, Duich, Alsh and Hourn; Loch Laxford; and Sinclair Bay. It also revokes the Inshore Fishing (Prohibited Methods of Fishing) (Loch Creran) Order 2007.

Any person who contravenes a provision contained in this Order commits an offence under section 4 of the Inshore Fishing (Scotland) Act 1984.

A business and regulatory impact assessment has been prepared in relation to this Order and placed in the Scottish Parliament Information Centre. A copy of this can be obtained from Marine Scotland, the Scottish Government, Victoria Quay, Edinburgh EH6 6QQ.

(1)

1984 c.26 (“the 1984 Act”). Section 1 was amended by the Inshore Fishing (Scotland) Act 1994 (c.27) (“the 1994 Act”), section 1. Section 2A was inserted by the Environment Act 1995 (c.25), section 103(2). The definition of “Scottish inshore waters” in section 9(1) of the 1984 Act was amended by section 4(2) of the 1994 Act. Sections 1 and 9(1) of the 1984 Act were also amended by S.I. 1999/1820. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of the Scotland Act 1998 (c.46), section 53.

(2)

The World Geodetic System 1984 datum is defined at paragraph 2.1 of the United States National Imagery and Mapping Agency Technical Report TR8350.2, third edition, amendment 1 of 3rd January 2000 entitled “Department of Defense World Geodetic System 1984” (http://earth-info.nga.mil/GandG/publications /tr8350.2/wgs84fin.pdf).

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