Prohibited and regulated activities4.

(1)

Paragraphs (2) and (3) apply in order to further the stated conservation objectives of the Wester Ross MPA in relation to burrowed mud, circalittoral muddy sand communities, flame shell beds, kelp and seaweed communities on sublittoral sediment, maerl beds, maerl or coarse shell gravel with burrowing sea cucumbers and northern feather star aggregations on mixed substrata.

(2)

A person must not deploy (by any means) or use any fishing gear within the protected area.

(3)

While a fishing vessel is within the protected area the master of the vessel must ensure that any fishing gear carried on board the vessel is properly lashed and stowed in such a way that it may not be readily used.

(4)

Paragraphs (2) and (3) do not apply to the deployment or use of—

(a)

any fishing gear within the protected area for the purpose of saving life, or for the purpose of securing the safety of a vessel, aircraft or marine structure;

(b)

a demersal trawl, whether that be a single demersal trawl or a twin rig demersal trawl, (other than a beam trawl) by a vessel with an engine power not exceeding 500 kilowatts, and registered as such under Part II of the Merchant Shipping Act 19957, within that part of the protected area which is described by Schedule 1; or

(c)

a single demersal trawl (other than a beam trawl) by a vessel with an engine power not exceeding 500 kilowatts, and registered as such under Part II of the Merchant Shipping Act 1995, within those parts of the protected area which are described by Schedule 2.

(5)

In this article—

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

“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, fish and shellfish from the seabed with gear by the use of a solids pump, air lift or water jets which dig into the seabed;

“fishing gear” means any beam trawl, demersal seine net, demersal trawl, dredge, and any rope or wire associated with the gear;

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

“twin rig demersal trawl” means two separate nets, each with a single groundrope bosom, which are towed on the seabed simultaneously by a two or a three warp rig.