Part 5

Nature conservation
Chapter 1

Marine conservation zones and management of sea fisheries

Orders for marine conservation: Scottish offshore region

Orders relating to exploitation of sea fisheries resources: Scottish offshore region
137A
1
The Scottish Ministers may make one or more orders relating to the exploitation of sea fisheries resources in the Scottish offshore region for the purposes of conserving—
a
marine flora or fauna,
b
marine habitats or types of marine habitat, or
c
features of geological or geomorphological interest.
2
An order under this section may be made so as to apply to any area in the Scottish offshore region.
3
An order under this section must specify the flora or fauna, habitat or type of habitat or features for the conservation of which it is made.
4
The provision that may be made by an order under this section includes, in particular, provision falling within any of the Heads set out in subsections (5) to (7).
5
Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including—
a
provision prohibiting or restricting such exploitation in specified areas or during specified periods;
b
provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period;
c
provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period.
6
Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the Scottish Ministers, including—
a
provision for the charging of fees for permits;
b
provision enabling conditions to be attached to a permit;
c
provision enabling the Scottish Ministers to limit the number of permits issued by it.
7
Head 3 is—
a
provision prohibiting or restricting the use of vessels of specified descriptions;
b
provision prohibiting or restricting any method of exploiting sea fisheries resources;
c
provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources;
d
provision for determining whether such items are items of a specified description.
8
An order under this section may be made—
a
subject to specified exceptions or conditions;
b
so as to cease to have effect after a specified period.
9
An order under this section may make different provision for different cases, including in particular—
a
different times of the year,
b
different means or methods of carrying out an activity, and
c
different descriptions of sea fisheries resources.
10
In this section “
specified
” means specified in the order.
11
An order under this section that contains provision for the charging of fees for permits (including provision changing the level of fees) is subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010) (asp 10)).
12
Any other order under this section is subject to the negative procedure (see that Part of that Act).
Pt. 5 Ch. 1 applied (with modifications) (E.W.) (1.4.2010 except so far as relating to 2009 c. 23, s. 134 for which purpose the amendment comes into force immediately after that provision comes into force, 1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), reg. 1(2)(4)(a) 38(3)(4) (with regs. 38(5), 125)
Pt. 5 Ch. 1 applied (with modifications) by S.I. 1994/2716, reg. 36(3)(4) (as substituted (E.W.) (12.1.2010 for specified purposes, 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(2)(b)(i), Sch. 11 para. 4(1); S.I. 2014/3088, art. 2(b))
Pt. 5 Ch. 1 applied (with modifications) (E.W.) (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 40(3)(4)
Words in Pt. 5 Ch. 1 heading inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 7 (with Sch. 4 para. 31)
Ss. 137A-137H and cross-headings inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 21 (with Sch. 4 para. 31)