Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 1989

JurisdictionUK Non-devolved

1989No. 2307 (S.150)

SEA FISHERIES

The Inshore Fishing (Prohibition of Fishing and Fishing

Methods) (Scotland) Order 1989

4thDecember1989

11thDecember1989

1stJanuary1990

The Secretary of State, in exercise of the powers conferred on him by section 1 of the Inshore Fishing (Scotland) Act 1984 ( a) and of all other powers enabling him in that behalf and having consulted such bodies as he considers appropriate, hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 1989 and shall come into force on 1st January 1990.

Interpretation

2.-(1) In this Order-

"sea fish" does not include salmon or migratory trout;

"suction dredging" means the raising from the sea bottom of material, fish and shell fish with gear involving the use of a solids pump or air lift, or water jets to dig into the sea bottom; and "suction dredge" shall be construed accordingly.

(2) Any reference in this Order to a numbered column in a numbered Schedule is a reference to the column so numbered in the Schedule so numbered to this Order.

(3) The periods of prohibition specified in column 3 and, where appropriate, the additional periods of prohibition, excepted methods of fishing for sea fish and periods of exception specified, as the case may be, in columns 4, 5 and 6 of Schedules 1, 2 and 3 are so specified for the purposes of articles 3, 4, 5, 6 and 7 of this Order in relation to the sea areas specified in column 2 of the said Schedules opposite to which they appear.

Prohibition of fishing with mobile or active gear

3.-(1) Subject to article 4 below, fishing for sea fish with a trawl, Danish seine or similar net, purse seine, ring net or dredge (including a suction dredge) is prohibited within the sea areas within Scottish inshore waters specified in column 2 of Schedule 1 during the periods specified in column 3 of that Schedule in relation to such sea areas.

(2) In addition to the prohibition on suction dredging specified in paragraph 1 above, fishing for sea fish with a suction dredge is prohibited in the sea areas within Scottish inshore waters specified in column 2 of Schedule 1 during the periods specified in column 4 of that Schedule in relation to such sea areas.

(a) 1984 c.26.

Exceptions to prohibitions in article 3

4. The prohibitions contained in article 3 of this Order shall not prevent the use in a sea area specified in column 2 of Schedule 1 of any method of fishing specified in column 5, during the period specified in column 6, of that Schedule, when the method so specified is used in fishing for the species of sea fish also specified in column 5 of the Schedule in the sea area so specified.

Prohibition of creel fishing

5. Creel fishing for any species of sea fish is prohibited within the sea areas within Scottish inshore waters specified in column 2 of Schedule 2 during the periods specified in column 3 of that Schedule in relation to such sea areas.

General prohibition of fishing in specified areas

6. Subject to article 7 below, fishing for any species of sea fish is prohibited within the sea areas within Scottish inshore waters specified in column 2 of Schedule 3 during the period specified in column 3 of that Schedule in relation to such sea areas.

Exceptions to prohibition in article 6

7. The prohibition in article 6 of this Order shall not prevent the use, in a sea area specified in column 2 of Schedule 3, of any method of fishing specified in column 4, during the period specified in column 5, of that Schedule, when the method so specified is used for fishing for the species of sea fish also specified in column 4 of the Schedule in the sea area so specified.

Prohibition of fishing for lobsters

8.-(1) Fishing for lobsters (Homarus gammarus) in Scapa Flow, being the sea area described in paragraph (2) below, is prohibited from the first day of April to the thirtieth day of September, both dates inclusive, in each year.

(2) The sea area mentioned in paragraph (1) above is the sea area bounded on the west by a line drawn from a point on the Island of Hoy at 58 degs 55'.7 North latitude and 03 degs 19'.5 West longitude (Bu Point) to a point on the Island of Graemsay at 58 degs 56'.35 North latitude and 03 degs 18'.725 West longitude (Point of Oxan) to a point on the mainland of Orkney at58 degs 57'.175 North latitude and 03 degs 17'.53 West longitude (The Ness), and on the south by a straight line drawn from a point on the Island of Hoy at 58 degs 48'.25 North latitude and 03 degs 08'.7 West longitude (Martello Tower) to a point on the Island of Flotta at 58 degs 48'.85 North latitude and 03 degs 04'.8 West longitude (Stanger Head) to a point on South Ronaldsay at 58 degs 49' North latitude and 03 degs 01'.95 West longitude (Hoxa Head), and on the east by the Causeways (Churchill Barriers) linking the mainland of Orkney in the vicinity of St Mary's Holm to Land Holm, Glims Holm, Burray and South Ronaldsay.

Exemption for scientific investigation

9. The prohibitions contained in this Order shall not apply to fishing for sea fish for the purpose of scientific investigation.

Revocations

10. The Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 1985 ( a) and the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) (Amendment) Order 1985 ( b)are hereby revoked.

Sanderson of Bowden

St. Andrew's House, Edinburgh

Minister of State,

4th December 1989

Scottish Office

(a) S.I. 1985/962.

(b) S.I. 1985/1569.

SCHEDULE 1

Articles 2(3), 3 and 4

PROHIBITIONS OF FISHING WITH MOBILE OR ACTIVE GEAR

Item

Sea area within which prohibition applies

Period of prohibition of use of mobile gear (all dates inclusive)

Additional period of prohibition of suction dredging (all dates inclusive)

Method of fishing for species of sea fish excepted from prohibition

Period of exception (all dates inclusive)

Luce Bay, within a straight line drawn from a point on the mainland at 54°38'.05 North latitude and 4°51'.3 West longitude (Mull of Galloway) to a point on the mainland at 54°40'.6 North latitude and 4°23'.45 West longitude (Burrow Head).

1st March to 31st August in each year.

Loch Ryan, within a straight line drawn from a point on the mainland at 55°01'.1 North latitude and 05°05'.8 West longitude (Milleur Point) to a point on the mainland at 55°00'.65 North latitude and 05°03'.2 West longitude (Garry Point).

1st January to 31st December in each year.

Dredging for mussels and oysters.

1st January to 31st December in each year.

Item

Sea area within which prohibition applies

Period of prohibition of use of mobile gear (all dates inclusive)

Additional period of prohibition of suction dredging (all dates inclusive)

Method of fishing for species of sea fish excepted from prohibition

Period of exception (all dates inclusive)

Ballantrae Bank, being the area of waters bounded by a line drawn from a point on the mainland at 55°04'.9 North latitude and 5°01'.6 West longitude (Downan Point) to a point at 55°04'.9 North latitude and 5°06' West longitude; thence to a point at 55°9'.04 North latitude and 5°06' West longitude, and thence to a point on the mainland at 55°08'.3 North latitude and 4°59'.7 West longitude (Bennane Head).

1st February to 30th April in each year.

The Gare Loch, within a straight line drawn from a point on the mainland at 55°59'.26 North latitude and 4°46'.01 West longitude (Rosneath Point) to a point on the mainland at 55°58'.31 North latitude and 4°42'.25 West longitude (Ardmore Head).

1st January to 31st December in each year.

Item

Sea area within which prohibition applies

Period of prohibition of use of mobile gear (all dates inclusive)

Additional period of prohibition of suction dredging (all dates inclusive)

Method of fishing for species of sea fish excepted from prohibition

Period of exception (all dates inclusive)

Firth of Clyde, being the sea area within a straight line drawn from a point on the mainland at 55°17'.9 North latitude and 05°47'.8 West longitude (Mull of Kintyre) to a point on the mainland at 55°00'.5 North latitude and 05°09'.4 West longitude (Corsewall Point).

From midnight on Friday until midnight on Sunday from 1st January to 31st December in each year.

Loch Sween, being the sea area within a line drawn from a point on the mainland at 55°56'.91 North latitude and 5°42'.82 West longitude (Rubha na Cille) to a point at 55°56'.28 North latitude and 5°43'.08 West longitude (Keills Rock); thence to a point at 55°55'.97 North latitude and 5°42'.73 West longitude (Dana Rock); thence to a point at 55°55'.13 North latitude and 5°41'.25 West longitude (Elean Puirt Leithe), and thence to a point on the mainland at 55°54'.99 North latitude and 5°41'.11 West longitude (Port Liath).

1st January to 31st December in each year.

Item

Sea area within which prohibition applies

Period of prohibition of use of mobile gear (all dates inclusive)

Additional period of prohibition of suction dredging (all dates inclusive)

Method of fishing for species of sea fish excepted from prohibition

Period of exception (all dates inclusive)

The Inner Sound including Lochs Torridon, Carron, Kishorn, Duich, Alsh and Hourn, within a straight line drawn from a point on the mainland at 57°38'.4 North latitude and 05°49'.1 West longitude (Red Point) to a point on the Island of Rona at 57°34'.88 North latitude and 05°57'.5 West longitude; thence along the eastern coast of Rona and Raasay to a point at 57°19'.72 North latitude and 06°03' West longitude (Rudha na Cloiche); from there in a straight line to a point on Skye at 57°18'.7 North latitude and 06°03' West longitude; thence along the eastern coast of Skye to a point at 57°08'.6 North latitude and 05°46'.8 West longitude (Ornsay Lighthouse); from there in a straight line to a point on the mainland at...

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