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.
The Wester Ross Nature Conservation Marine Protected Area Order 2014 (“the 2014 Order”) designated that part of the Scottish marine area which is adjacent to Wester Ross as a nature conservation marine protected area (“Wester Ross MPA”). The 2014 Order provides that a range of marine habitats, geomorphological features and one low or limited mobility species are protected features within the Wester Ross MPA.
This Order furthers the stated conservation objectives for the Wester Ross MPA insofar as they relate 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.
Article 3 describes the area protected by this Order (“the protected area”). It is the area which is designated under the 2014 Order as the Wester Ross MPA.
Article 4 prohibits and regulates activities within the protected area.
Article 4(2) provides that a person must not deploy or use any fishing gear within the protected area. The term “fishing gear” is defined in article 4(5) of the Order.
Article 4(3) regulates the storage of fishing gear on fishing vessels within the protected area.
Article 4(4) provides that the provision made by the Order in prohibiting and regulating activities is subject to certain specified exceptions. Article 4(4)(a) provides that the prohibitions and regulations do not apply to activities carried out in the protected area for the purpose of saving life or for the purpose of securing the safety of a vessel, aircraft or marine structure. Article 4(4)(b) provides that demersal trawling, whether that be demersal trawling either by a single net or by two nets, (other than beam trawling) by fishing vessels with engines, the power of which do not exceed 500 kilowatts and registered as such under Part II of the Merchant Shipping Act 1995, is permitted within certain specified parts of the protected area, as described in Schedule 1. Article 4(4)(c) provides that single demersal trawling (other than beam trawling) by fishing vessels with engines, as described above, is permitted within certain specified parts of the protected area, as described in Schedule 2.
Article 5 provides that the Scottish Ministers may issue permits authorising fishing within the protected area only for the purpose of scientific research which would, apart from such a permit, be unlawful under the Order. The article makes provision regarding the procedure which applies to the making of applications for permits and the determination of such applications.
Article 6 provides that paragraph (b) of section 97(1) of the Marine (Scotland) Act 2010 does not apply in relation to an offence under section 94 of the 2010 Act of contravening this Order or an offence under section 95 of the 2010 Act committed in relation to the protected area.
Article 7 revokes the entry relating to Little Loch Broom and Gruinard Bay, listed as item 10 of Schedule 1 to the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2004, and the Wester Ross Marine Conservation Order 2015 (“the 2015 Order”). The 2015 Order prohibited the deployment or use of dredges, and regulated the storage of dredges on fishing vessels within the Wester Ross MPA. The measures which were made by that Order on an urgent basis under the powers within section 88 of the 2010 Act are re-made on a permanent basis by this Order.
A person who contravenes this Order commits an offence and is liable on summary conviction to a fine of up to £50,000, and on conviction on indictment to an unlimited fine.
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.
An illustrative map showing the Wester Ross MPA, and the parts in respect of which article 4(4) of the Order applies, is attached to this note.