Statutory Instruments of the Scottish Parliament
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Whereas an application for an Order under section 1 of the Sea Fisheries (Shellfish) Act 1967[1] has been made to the Scottish Ministers[2], by Grant Campbell; And whereas the Scottish Ministers have prepared a draft Order and have served a copy of it on the applicant in accordance with paragraph 1 of Schedule 1 to that Act; And whereas the applicant has caused printed copies of the draft Order to be published and circulated and has given notice of the application all in accordance with paragraph 2 of that Schedule; And whereas no objections have been received by the Scottish Ministers with respect to the draft order under paragraph 3 of that Schedule; Now therefore, the Scottish Ministers in exercise of the powers conferred by sections 1 and 7(4)(a)(iii) of, as read with Schedule 1 to, that Act and of all other powers enabling them in that behalf and with the consent of the Crown Estate Commissioners hereby make the following Order: Citation and commencement 1. This Order may be cited as the Little Loch Broom Scallops Several Fishery Order 2002 and shall come into force on 7th May 2002. Interpretation 2. In this Order-
Right of several fishery
(b) that the grantee shall not without the written consent of the Scottish Ministers (which consent may be given in electronic form) deposit within the boundaries of the fishery any juvenile scallops taken from outwith the fishery and shall comply with any condition subject to which the Scottish Ministers give such consent.
Permitted Fishing Implements That part of the bed of the sea at Little Loch Broom, Approaches to Ullapool, extending to 7.007 hectares or thereby and bounded as follows:- on or towards the north west by a straight line extending in a north-easterly direction for a distance of 157.450 metres or thereby from a point at 57°53.860'North latitude and 5°22.830'West longitude, to a point at 57°53.930'North latitude and 5°22.740'West longitude, and then on or towards the north-east by a straight line extending in a south-easterly direction for a distance of 498.100 metres or thereby to a point at 57°53.760'North latitude and 5°22.350'West longitude and then to the east by a straight line extending in southerly direction for a distance of 121.830 metres or thereby to a point at 57°53.700'North latitude and 5°22.400'West longitude, and then on or towards the south-west by a line following the line of mean low water springs to the point of beginning. EXPLANATORY NOTE (This note is not part of the Order) This Order confers on Grant Campbell ("the applicant") for a period of 15 years the right of several fishery for scallops in part of Little Loch Broom (article 3). The part of Little Loch Broom to which the Order applies is described in the Schedule. The location of the area to which the Order applies is also shown on an indicative map, a copy of which is held by the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb's Loan, Edinburgh EH14 1TW and by the applicant at Number 3, Fasnagrianach, Loch Broom, Ross-shire IV23 2RU. A representation of the indicative map is appended to this note for illustrative purposes. The Order requires the harvesting of scallops under the right of several fishery to be carried out manually by divers and restricts the deposit of juvenile scallops taken from outside the fishery within the boundaries of the fishery (article 4). The Order specifies creels as implements of fishing the use of which is permitted within the fishery (article 5). The Order prohibits the assignation or other transfer of the right of several fishery without the prior written consent of Scottish Ministers (article 6). The Order requires the limits of the area to be clearly marked and maintained (article 7). The Order provides that its effect will not prejudicially affect the rights of the Crown (article 8). By virtue of section 2 of the Sea Fisheries (Shellfish) Act 1967 this Order confers on the applicant the exclusive right to deposit, propagate, fish for and take scallops within the area.  [2] The reference to the "appropriate Minister" in section 22(1) of the Sea Fisheries (Shellfish) Act 1967 is to be read as a reference to the Scottish Ministers by virtue of the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), article 4 and Schedule 2, paragraph 42(10).back [3] Section 7(4)(a)(iii) was inserted by the Sea Fisheries (Shellfish) Amendment (Scotland) Act 2000 asp 12.back
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| © Crown copyright 2002 | Prepared 29 April 2002 |