The Razor Clams (Prohibition on Fishing and Landing) (Scotland) Order 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order restricts fishing for razor clams in Scottish waters and the landing of razor clams in Scotland.

Article 2 defines the terms “day”, “razor clams” and “tidal waters”.

Article 3 prohibits fishing for razor clams within the Scottish zone. This prohibition does not apply to operations involving fishing for razor clams which are authorised by the Scottish Ministers and conducted for the purpose of scientific investigation. The prohibition also does not apply to fishing for razor clams by hand in tidal waters. A person fishing for razor clams by hand in tidal waters may take no more than 30 razor clams in any day.

Article 4 prohibits the landing in Scotland of razor clams which have been caught within the Scottish zone. This prohibition does not apply to operations involving the landing of razor clams in Scotland or the catching of razor clams in the Scottish zone which are authorised by the Scottish Ministers and conducted for the purpose of scientific investigation. The prohibition also does not apply to the landing of razor clams after fishing for those razor clams by hand in tidal waters, in accordance with article 3.

It is an offence under section 5(1) or section 6(5) of the Sea Fish (Conservation) Act 1967 to contravene 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.

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.