EXPLANATORY NOTE
(This note is not part of the Order)
This Order prohibits, subject to certain exceptions, all methods of fishing within specified areas of the Firth of Clyde from 14th February until 30th April, during both 2018 and 2019 (articles 1(3) and 3(1)). It is made in accordance with the procedure set out in Article 46 of Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms and it remains in force until the end of 30th April 2019 (article 1(2)).
The areas closed to fishing under this Order are shown on the illustrative map which accompanies this Note.
The area diagonally hatched on the illustrative map is defined in article 3(1)(a).
The area horizontally hatched on the illustrative map is defined in article 3(1)(b).
The Order applies only to British fishing boats (article 3(1)). The prohibition does not apply to fishing boats that fish within the closed areas exclusively with scallop dredges, creels and (in relation to the area diagonally hatched on the illustrative map) trawls used for fishing for Norway lobsters (article 3(2) and (3)). However, the South Arran Marine Conservation Order 2015 imposes separate restrictions on fishing activities within part of the area described in article 3(1)(a). Article 3(4) provides that article 3(2) is not to be read as allowing fishing for sea fish within part of the area described in article 3(1)(a), where this is otherwise prohibited under that Order.
It is an offence under section 5(1) of the Sea Fish (Conservation) Act 1967 to use a fishing boat in contravention of 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.
The Order revokes the Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2016 (article 4).
A business and regulatory impact 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.
