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The Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2015

Type Scottish-Statutory-Instrument
Publication 2015-12-16
State In force
Jurisdiction Scotland
Department Queen's Printer for Scotland
Source legislation.gov.uk
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articles 15
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Made: 16th December 2015

Laid before the Scottish Parliament: 18th December 2015

Coming into force: 8th February 2016

In accordance with section 1(1) of that Act, they have consulted such bodies as they considered appropriate.

Citation and commencement

1

This Order may be cited as the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2015 and comes into force on 8th February 2016.

Interpretation

2

In this Order—

Prohibited methods of fishing in the East Mingulay Protected Area

3

Prohibited fishing and prohibited methods of fishing in the Loch Creran Protected Area

4

Prohibited methods of fishing in the Loch Laxford Protected Area

5

Prohibited methods of fishing in the Loch Sween Protected Area

6

Prohibited fishing and prohibited methods of fishing in the Loch Sunart Protected Area

7

Prohibited fishing and prohibited methods of fishing in the Southern Inner Sound Protected Area

8

Prohibited fishing and prohibited methods of fishing in the Noss Head and Sinclair Bay Protected Area

9

Prohibited methods of fishing in the Sanday Protected Area

10

Prohibited methods of fishing in the St Kilda Protected Area

11

Prohibited methods of fishing in the Treshnish Isles Protected Area

12

Prohibited fishing and prohibited methods of fishing in the Upper Loch Fyne Protected Area

13

Prohibited fishing and prohibited methods of fishing in the Loch Goil Protected Area

14

Prohibited methods of fishing in the Wyre and Rousay Sounds Protected Area

15

Revocations

16

SCHEDULE 1 — EAST MINGULAY PROTECTED AREA

PART 1 — DESCRIPTION OF THE EAST MINGULAY PROTECTED AREA

Interpretation

1

In Part 1 of this Schedule—

Description of the East Mingulay Protected Area

2

The East Mingulay Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. A to B Geodesic line
2. B to C Geodesic line
3. C to D Geodesic line
4. D to E Geodesic line
5. E to F Geodesic line
6. F to G Geodesic line
7. G to H Geodesic line
8. H to I Geodesic line
9. I to A Geodesic line

PART 2 — DESCRIPTION OF THE INNER EAST MINGULAY PROTECTED AREA

Interpretation

3

In Part 2 of this Schedule—

Description of Inner East Mingulay Protected Area

4

The Inner East Mingulay Protected Area is that part of Scottish inshore waters within the East Mingulay Protected Area, including the seabead and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. J to K Geodesic line
2. K to L Geodesic line
3. L to M Geodesic line
4. M to N Geodesic line
5. N to O Geodesic line
6. O to P Geodesic line
7. P to Q Geodesic line
8. Q to R Geodesic line
9. R to S Geodesic line
10. S to T Geodesic line
11. T to U Geodesic line
12. U to V Geodesic line
13. V to J Geodesic line

SCHEDULE 2 — LOCH CRERAN PROTECTED AREA

PART 1 — DESCRIPTION OF THE LOCH CRERAN PROTECTED AREA

Interpretation

1

In Part 1 of this Schedule—

Description of the Loch Creran Protected Area

2

The Loch Creran Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. A to B Line following the mean low water spring mark
2. B to A Geodesic line

PART 2 — DESCRIPTION OF THE LOCH CRERAN FIRST CREEL FISHING EXCEPTED AREA

Interpretation

3

In Part 2 of this Schedule—

Description of the Loch Creran First Creel Fishing Excepted Area

4

The Loch Creran First Creel Fishing Excepted Area is that part of Scottish inshore waters within the Loch Creran Protected Area, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. C to D Geodesic line
2. D to E Geodesic line
3. E to F Geodesic line
4. F to G Geodesic line
5. G to H Geodesic line
6. H to I Geodesic line
7. I to J Geodesic line
8. J to K Geodesic line
9. K to L Geodesic line
10. L to M Geodesic line
11. M to N Geodesic line
12. N to O Geodesic line
13. O to C Geodesic line

PART 3 — DESCRIPTION OF THE LOCH CRERAN SECOND CREEL FISHING EXCEPTED AREA

Interpretation

5

In Part 3 of this Schedule—

Description of the Loch Creran Second Creel Fishing Excepted Area

6

The Loch Creran Second Creel Fishing Excepted Area is that part of Scottish inshore waters within the Loch Creran Protected Area, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. P to Q Geodesic line
2. Q to R Geodesic line
3. R to S Geodesic line
4. S to T Geodesic line
5. T to P Geodesic line

SCHEDULE 3 — LOCH LAXFORD PROTECTED AREA

Interpretation

1

In this Schedule—

Description of the Loch Laxford Protected Area

2

The Loch Laxford Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. A to B Line following the mean low water spring mark
2. B to A Geodesic line

SCHEDULE 4 — LOCH SWEEN PROTECTED AREA

PART 1 — DESCRIPTION OF THE LOCH SWEEN PROTECTED AREA

Interpretation

1

In Part 1 of this Schedule—

Description of the Loch Sween Protected Area

2

The Loch Sween Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. A to B Geodesic line
2. B to C Geodesic line
3. C to D Line following the mean high water spring mark
4. D to E Geodesic line
5. E to A Geodesic line

PART 2 — DESCRIPTION OF THE LOCH SWEEN EXCEPTED AREA

Interpretation

3

In Part 2 of this Schedule—

Description of the Loch Sween Excepted Area

4

The Loch Sween Excepted Area is that part of Scottish inshore waters within the Loch Sween Protected Area, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. F to G Geodesic line
2. G to H Geodesic line
3. H to I Line following the mean high water spring mark
4. I to J Geodesic line
5. J to K Geodesic line
6. K to L Line following the mean high water spring mark
7. L to M Geodesic line
8. M to F Geodesic line

SCHEDULE 5 — LOCH SUNART PROTECTED AREA

PART 1 — DESCRIPTION OF THE LOCH SUNART PROTECTED AREA

Interpretation

1

In Part 1 of this Schedule—

Description of the Loch Sunart Protected Area

2

The Loch Sunart Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. A to B Line following the mean low water spring mark
2. B to A Geodesic line

PART 2 — DESCRIPTION OF THE LOCH SUNART CREEL FISHING EXCEPTED AREA

Interpretation

3

In Part 2 of this Schedule—

Description of the Loch Sunart Creel Fishing Excepted Area

4

The Loch Sunart Creel Fishing Excepted Area is that part of Scottish inshore waters within the Loch Sunart Protected Area, including the seabed and the subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. C to D Line following the mean low water spring mark
2. D to E Geodesic line
3. E to F Line following the mean low water spring mark
4. F to C Geodesic line

SCHEDULE 6 — SOUTHERN INNER SOUND PROTECTED AREA

PART 1 — DESCRIPTION OF THE SOUTHERN INNER SOUND PROTECTED AREA

Interpretation

1

In this Schedule—

Description of the Southern Inner Sound Protected Area

2

The Southern Inner Sound Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. A to B Line following the mean low water spring mark
2. B to C Geodesic line
3. C to D Line following the mean low water spring mark
4. D to E Geodesic line
5. E to F Line following the mean low water spring mark
6. F to G Geodesic line
7. G to H Geodesic line
8. H to A Geodesic line

PART 2 — DESCRIPTION OF THE LOCHS DUICH, LONG AND ALSH ADDITIONAL PROTECTED AREA

Interpretation

3

In this Schedule—

Description of the Lochs Duich, Long and Alsh Additional Protected Area

4

The Lochs Duich, Long and Alsh Additional Protected Area is that part of Scottish inshore waters within the Southern Inner Sound Protected Area, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. I to J Line following the mean low water spring mark
2. J to K Geodesic line
3. K to L Line following the mean low water spring mark
4. L to M Geodesic line
5. M to N Geodesic line
6. N to O Geodesic line
7. O to P Geodesic line
8. P to Q Geodesic line
9. Q to R Geodesic line
10. R to S Geodesic line
11. S to T Geodesic line
12. T to U Geodesic line
13. U to V Geodesic line
14. V to I Geodesic line

SCHEDULE 7 — NOSS HEAD AND SINCLAIR BAY PROTECTED AREA

Interpretation

1

In this Schedule—

Description of the Noss Head and Sinclair Bay Protected Area

2

The Noss Head and Sinclair Bay Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. A to B Geodesic line
2. B to C Geodesic line
3. C to D Geodesic line
4. D to E Geodesic line
5. E to F Geodesic line
6. F to G Geodesic line
7. G to H Geodesic line
8. H to I Geodesic line
9. I to J Geodesic line
10. J to K Geodesic line
11. K to A Line following the mean low water spring mark

SCHEDULE 8 — SANDAY PROTECTED AREA

Interpretation

1

In this Schedule—

Description of the Sanday Protected Area

2

The Sanday Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. A to B Geodesic line
2. B to C Geodesic line
3. C to D Geodesic line
4. D to E Geodesic line
5. E to F Geodesic line
6. F to G Geodesic line
7. G to H Geodesic line
8. H to I Geodesic line
9. I to J Geodesic line
10. J to K Geodesic line
11. K to L Geodesic line
12. L to M Geodesic line
13. M to N Geodesic line
14. N to O Geodesic line
15. O to P Geodesic line
16. P to Q Geodesic line
17. Q to A Line following the mean high water spring mark

SCHEDULE 9 — ST KILDA PROTECTED AREA

Interpretation

1

In this Schedule—

Description of the St Kilda Protected Area

2

The St Kilda Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. A to B Geodesic line
2. B to C Geodesic line
3. C to D Geodesic line
4. D to E Geodesic line
5. E to A Geodesic line

SCHEDULE 10 — TRESHNISH ISLES PROTECTED AREA

Interpretation

1

In this Schedule—

Description of the Treshnish Isles Protected Area

2

The Treshnish Isles Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. A to B Geodesic line
2. B to C Geodesic line
3. C to D Geodesic line
4. D to A Geodesic line

SCHEDULE 11 — UPPER LOCH FYNE PROTECTED AREA

PART 1 — DESCRIPTION OF THE UPPER LOCH FYNE PROTECTED AREA

Interpretation

1

In Part 1 of this Schedule—

Description of the Upper Loch Fyne Protected Area

2

The Upper Loch Fyne Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. A to B Line following the mean low water spring mark
2. B to A Geodesic line

PART 2 — DESCRIPTION OF THE UPPER LOCH FYNE EXCEPTED AREA

Interpretation

3

In Part 2 of this Schedule—

Description of the Upper Loch Fyne Excepted Area

4

The Upper Loch Fyne Excepted Area is that part of Scottish inshore waters within the Upper Loch Fyne Protected Area, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. C to D Line following the mean low water spring mark
2. D to E Geodesic line
3. E to F Line following the mean low water spring mark
4. F to C Geodesic line

PART 3 — DESCRIPTION OF THE UPPER LOCH FYNE ADDITIONAL FLAME SHELL PROTECTED AREA

Interpretation

5

In Part 3 of this Schedule—

Description of the Upper Loch Fyne Additional Flame Shell Protected Area

6

The Upper Loch Fyne Additional Flame Shell Protected Area is that part of Scottish inshore waters within the Upper Loch Fyne Protected Area, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. G to H Line following the mean low water spring mark
2. H to I Geodesic line
3. I to J Line following the mean low water spring mark
4. J to G Geodesic line

SCHEDULE 12 — LOCH GOIL PROTECTED AREA

PART 1 — DESCRIPTION OF THE LOCH GOIL PROTECTED AREA

Interpretation

1

In Part 1 of this Schedule—

Description of the Loch Goil Protected Area

2

The Loch Goil Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. A to B Geodesic line
2. B to C Geodesic line
3. C to D Geodesic line
4. D to A Line following the mean low water spring mark

PART 2 — DESCRIPTION OF THE LOCH GOIL EXCEPTED AREA

Interpretation

3

In Part 2 of this Schedule—

Description of the Loch Goil Excepted Area

4

The Loch Goil Excepted Area is that part of Scottish inshore waters within the Loch Goil Protected Area, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. E to F Geodesic line
2. F to G Geodesic line
3. G to H Geodesic line
4. H to I Geodesic line
5. I to E Geodesic line

SCHEDULE 13 — WYRE AND ROUSAY SOUNDS PROTECTED AREA

Interpretation

1

In this Schedule—

Description of the Wyre and Rousay Sounds Protected Area

2

The Wyre and Rousay Sounds Protected Area is that part of Scottish inshore waters, including the seabed and subsoil, which is enclosed by the boundary lines (the topographical descriptions of which are provided in the third column of the following table) which join in the order given the co-ordinates listed in the second column.

Boundary Line Co-ordinates between which the boundary line extends Topographical description of boundary line
1. A to B Line following the mean low water spring mark
2. B to C Geodesic line
3. C to D Line following the mean low water spring mark
4. D to E Geodesic line
5. E to F Line following the mean low water spring mark
6. F to G Geodesic line
7. G to H Geodesic line
8. H to I Line following the mean low water spring mark
9. I to A Geodesic line

Signed

RICHARD LOCHHEAD — A member of the Scottish Government — 16th December 2015

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

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. This Order prohibits, subject to certain exceptions where applicable, specified methods of fishing within specified areas which have been designated as a Special Area of Conservation or as a Marine Protected Area.

Article 3 and Schedule 1 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in East Mingulay. Fishing with any fishing gear except a pelagic trawl is also prohibited in a smaller inner area within the larger protected area.

Article 4 and Schedule 2 prohibit fishing for sea fish with any fishing gear in an area of Scottish inshore waters in Loch Creran. Fishing for horse mussels is also prohibited in the same protected area. An exception to the prohibition applies throughout the protected area so as to permit fishing for sea fish with a rod and line or a handline. Exceptions also apply so as to permit fishing for sea fish with a creel or parlour creel in two excepted fishing areas within the larger protected area.

Article 5 and Schedule 3 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in Loch Laxford.

Article 6 and Schedule 4 prohibit fishing for sea fish by hand or with specified fishing gear in an area of Scottish inshore waters in Loch Sween. An exception to the prohibition applies so as to permit fishing by specified methods within an excepted area within the larger protected area. However, part of the exception permits fishing only between certain hours of specified days of the week.

Article 7 and Schedule 5 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in Loch Sunart. Fishing for horse mussels is also prohibited in the same protected area. An exception applies so as to permit fishing for sea fish with a creel or parlour creel in a designated fishing area within the larger protected area.

Article 8 and Schedule 6 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in the Southern Inner Sound. A seasonal exception applies so as to permit fishing with specified types of fishing gear within the protected area. However, the exception does not apply to fishing by specified methods, or to fishing in two smaller areas within the larger protected area. Fishing for horse mussels is also prohibited in the two smaller areas.

Article 9 and Schedule 7 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in Noss Head and Sinclair Bay. Fishing for horse mussels is also prohibited in the same protected area.

Article 10 and Schedule 8 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in Sanday.

Article 11 and Schedule 9 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in St Kilda.

Article 12 and Schedule 10 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in the Treshnish Isles.

Article 13 and Schedule 11 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in Upper Loch Fyne. Fishing for horse mussels is also prohibited in the same protected area. An exception to the prohibition applies so as to permit fishing from boats with a gross tonnage of no more than 75 tonnes, using a demersal trawl, in a designated area within the larger protected area. Fishing with a creel, parlour creel, set net or long line is also prohibited in an additional smaller protected area within the larger protected area.

Article 14 and Schedule 12 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in Loch Goil. Fishing for horse mussels is also prohibited in the same protected area. An exception to the prohibition applies so as to permit fishing from boats with a gross tonnage of no more than 75 tonnes, using a demersal trawl, in a designated area within the larger protected area.

Article 15 and Schedule 13 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in the Wyre and Rousay Sounds.

Article 16 revokes entries in the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2004 relating to Loch Sween; the Southern Inner Sound including Lochs Carron, Kishorn, Duich, Alsh and Hourn; Loch Laxford; and Sinclair Bay. It also revokes the Inshore Fishing (Prohibited Methods of Fishing) (Loch Creran) Order 2007.

Any person who contravenes a provision contained in this Order commits an offence under section 4 of the Inshore Fishing (Scotland) Act 1984.

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.

Footnotes

[^f00001]: 1984 c.26 (“the 1984 Act”). Section 1 was amended by the Inshore Fishing (Scotland) Act 1994 (c.27) (“the 1994 Act”), section 1. Section 2A was inserted by the Environment Act 1995 (c.25), section 103(2). The definition of “Scottish inshore waters” in section 9(1) of the 1984 Act was amended by section 4(2) of the 1994 Act. Sections 1 and 9(1) of the 1984 Act were also amended by S.I. 1999/1820. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of the Scotland Act 1998 (c.46), section 53.

[^f00002]: The World Geodetic System 1984 datum is defined at paragraph 2.1 of the United States National Imagery and Mapping Agency Technical Report TR8350.2, third edition, amendment 1 of 3rd January 2000 entitled “Department of Defense World Geodetic System 1984” (http://earth-info.nga.mil/GandG/publications /tr8350.2/wgs84fin.pdf).

[^f00003]: S.S.I. 2004/276.

[^f00004]: S.S.I. 2007/185.

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