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The Fishing Boats Designation (EU Exit) (Scotland) Order 2019

Consolidated Text As Enacted Cited authorities 20 Cited in Related
Vincent
Year2019

2019 No. 345

Exiting The European Union

Sea Fisheries

The Fishing Boats Designation (EU Exit) (Scotland) Order 2019

Made 28th October 2019

Laid before the Scottish Parliament 28th October 2019

Coming into force in accordance with article 1(1)

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 2(1) and (4) and 6(2) of the Fishery Limits Act 19761and all other powers enabling them to do so.

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) This Order may be cited as the Fishing Boats Designation (EU Exit) (Scotland) Order 2019 and comes into force on exit day.

(2) This Order extends to Scotland only.

S-2 Interpretation

Interpretation

2.—(1) In this Order—

“the Act” means the Fishery Limits Act 1976,

“the baselines”, except where otherwise indicated, means the baselines from which the breadth of the territorial sea adjacent to the United Kingdom, the Channel Islands and the Isle of Man is measured, established by the Territorial Sea (Baselines) Order 20142,

“demersal fish” means all sea fish except salmon, migratory trout, mackerel, clupeoid fishes, sand eels, Norway pout, smelts, eels, great weevers, crustaceans and molluscs (other than cephalopods),

“exit day” has the meaning given in section 20(1) of the European Union (Withdrawal) Act 20183,

“ICES”, in relation to an area or areas, refers to one or more of the statistical sub-areas and divisions established by the International Council for the Exploration of the Sea4, listed in column 1 of schedule 2 and respectively described in column 2 of that schedule, but excluding any part of those areas which is within 12 miles from the baselines or which is outside the Scottish zone.

(2) All directions in schedules 1 and 2 are related to the true compass.

S-3 Access to fisheries

Access to fisheries

3.—(1) There are designated for the purposes of section 2(1) of the Act—

(a)

(a) the countries specified in column 1 of schedule 1 (“designated countries”), and

(b)

(b) in relation to each designated country, the areas specified in respect of that country in column 2 of that schedule (“designated areas”).

(2) The descriptions of sea fish for which the fishing boats registered in any of the designated countries may fish in any designated area are those specified in column 3 of schedule 1 in respect of that area.

(3) Schedule 1 has effect subject to the following—

(a)

(a) “combined quota species” means grenadiers, rat-tails, mora mora and greater forkbeard,

(b)

(b) where it appears in column 3 of schedule 1 in relation to Norway, “other species” means sea fish of descriptions other than those specified in that column in relation to Norway,

(c)

(c) “other white fish” means white fish of descriptions other than those specified in column 3 of schedule 1 in relation to Faroe Islands, subject to the qualification that catches must be limited to by-catches,

(d)

(d) “blue ling”, where specified in column 3 of schedule 1 in relation to Faroe Islands, includes by-catches of roundnose grenadier and black scabbard,

(e)

(e) “Norway pout”, where specified in column 3 of schedule 1 in relation to Faroe Islands, includes unavoidable by-catches of other species of sea fish,

(f)

(f) “sprat”, where specified in column 3 of schedule 1 in relation to Faroe Islands, includes by-catches of blue whiting and herring,

(g)

(g) “blue whiting”, where specified in column 3 of schedule 1 in relation to Faroe Islands includes unavoidable by-catches of argentine,

(h)

(h) “ling”, where specified in column 3 of schedule 1 in relation to Faroe Islands or Norway, includes by-catches of other species of sea fish,

(i)

(i) “tusk”, where specified in column 3 of schedule 1 in relation to Faroe Islands or Norway, includes by-catches of other species of sea fish.

S-4 Stowage of gear

Stowage of gear

4. Where any fishing gear of a foreign fishing boat5is required by section 2(4) of the Act to be stowed while the boat is in an area within the Scottish zone, the gear must be stowed in accordance with the following requirements—

(a) all such fishing gear must be carried wholly inboard,

(b) all nets and trawlboards and weights must be disconnected from their towing or hauling wires or ropes,

(c) all trawlboards and weights must be secured at deck level or carried below deck,

(d) all nets which are on deck or above deck must be securely lashed to some part of the superstructure of the fishing boat.

S-5 Revocations

Revocations

5. The instruments specified in schedule 3 are revoked so far as they apply to the Scottish zone.

BEN MACPHERSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

At 10.45 a.m. on 28th October 2019

SCHEDULE 1

Article 3

Access to fisheries: designated countries, areas and descriptions of sea fish

Designated country

Designated areas

Descriptions of sea fish

Austria

Any part of the Scottish zone outside 12 miles from the baselines.

All descriptions of sea fish.

Belgium

Any part of the Scottish zone outside 12 miles from the baselines.

All descriptions of sea fish.

Bulgaria

Any part of the Scottish zone outside 12 miles from the baselines.

All descriptions of sea fish.

Croatia

Any part of the Scottish zone outside 12 miles from the baselines.

All descriptions of sea fish.

Cyprus

Any part of the Scottish zone outside 12 miles from the baselines.

All descriptions of sea fish.

Czechia

Any part of the Scottish zone outside 12 miles from the baselines.

All descriptions of sea fish.

Denmark

Any part of the Scottish zone outside 12 miles from the baselines.

All descriptions of sea fish.

Estonia

Any part of the Scottish zone outside 12 miles from the baselines.

All descriptions of sea fish.

Faroe Islands

ICES II.

Blue whiting.

ICES IV.

Blue whiting, Norway pout, sprat, other white fish.

ICES IVa.

Blue whiting, herring, horse mackerel.

ICES V.

Blue whiting.

ICES VIa.

Other white fish.

Part of ICES VIa.

Blue ling, blue whiting, horse mackerel, ling, sprat, tusk.

ICES VIb.

Blue ling, blue whiting, ling, tusk.

Finland

Any part of the Scottish zone outside 12 miles from the baselines.

All descriptions of sea fish.

France

1. Any part of the Scottish zone outside 12 miles from the baselines.

All descriptions of sea fish.

2. The following areas within 12 miles, but outside 6 miles, from the baselines—

(a) an area between—

All descriptions of sea fish.

(i) a line drawn north-east from Mew Island lighthouse, and

(i) a line drawn south-west from Sanda Island lighthouse,

(a) an area between—

All descriptions of sea fish.

(i) a line drawn due north from Portstewart Point, and

(i) a line drawn due west from Barra Head lighthouse,

(a) an area between—

All descriptions of sea fish.

(i) a line drawn due west from the Butt of Lewis lighthouse, and

(i) a line joining the Butt of Lewis lighthouse to the point 59°30′N, 005°45′W.

3. Such part of the area within 12 miles, but outside 6 miles, from the baselines adjacent to the Isles of Harris and Lewis and between—

All descriptions of sea fish except shellfish.

(a) latitude 57°40′N, and

(a) a line drawn due west from the Butt of Lewis lighthouse as lies outside 6 miles from the baselines adjacent to the Flannan Islands.

4. The area within 12 miles, but outside 6 miles, from the baselines adjacent to the St. Kilda Group.

All descriptions of sea fish.

5. Such part of the area within 12 miles, but outside 6 miles, from the baselines adjacent to the Flannan Islands as lies outside 12 miles from the baselines adjacent to the Isles of Harris and Lewis.

All descriptions of sea fish.

Germany

1. Any part of the Scottish zone outside 12 miles from the baselines.

All descriptions of sea fish.

2. The area within 12 miles, but outside 6 miles, from the baselines adjacent to the Shetland and Fair Isle and between—

Herring.

(a) a line drawn south-east from Sumburgh Head lighthouse (Shetland),

(a) a line drawn due north-east from Skroo lighthouse (Fair Isle), and

(a) a line drawn south-west from Skadan lighthouse (Fair Isle).

3. The area within 12 miles, but outside 6 miles, from the baselines adjacent to the Isle of Lewis and between—

Herring.

(a) a line drawn due west from the Butt of Lewis lighthouse, and

(a) a line joining Butt of Lewis lighthouse to the point 59°30′N, 5°45′W.

4. The area within 12 miles, but outside 6 miles, from the baselines adjacent to the Islands of Sulisker and North Rona.

Herring.

5. The area within 12 miles, but outside 6 miles, from the baselines adjacent to the St Kilda Group.

Herring and mackerel.

Greece

Any part of the Scottish zone outside 12 miles from the baselines.

All descriptions of sea fish.

Hungary

Any part of the Scottish zone outside 12 miles from the baselines.

All descriptions of sea fish.

Republic of Ireland

1. Any part of the Scottish zone outside 12 miles from the baselines

All descriptions of sea fish.

2. Such parts of the area within 12 miles, but outside 6 miles, from the baselines adjacent to Scotland, and between—

Demersal fish and nephrops.

(a) a line drawn due north from Point Lynas lighthouse, and

(a) a line drawn due south from the Mull of Galloway lighthouse,

as lie no nearer to the Isle of Man than a line every point of which is equidistant from the nearest points of, on the one hand, the baselines adjacent to Great Britain and, on the other hand, the baselines adjacent to the Isle of Man.

3. Such part of the area within 12 miles, but outside 6 miles, from the baselines adjacent to Northern Ireland as lies outside 6 miles from the baselines adjacent to Scotland.

4. An area within 12 miles, but outside 6 miles, from the baselines adjacent to Scotland and between—

Demersal fish and nephrops.

(a) latitude 55°35′N, and

(a) a line drawn due west from Barra Head lighthouse.

Italy

Any part of the Scottish zone outside 12 miles from the baselines.

All descriptions of sea fish.

Latvia

Any part of the Scottish zone outside 12 miles from the baselines.

All descriptions of sea fish.

Lithuania

Any part of the Scottish zone outside 12 miles from...

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