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Statutory Instruments of the Scottish Parliament
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URL: http://www.bailii.org/scot/legis/num_reg/2004/20040260.html
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| Made | 3rd June 2004 | ||
| Coming into force | 4th June 2004 |
The Scottish Ministers, having received relevant proposals, having taken into consideration the need for conservation, having been satisfied that there will be a significant increase in the availability of fishing for freshwater fish in the area to be prescribed in the following Order and that such fishing will be available in that area to a degree and on such terms and conditions as they consider reasonable, having carried out all necessary consultations, having directed publication of the proposals and having considered all representations and objections duly made and not withdrawn, in exercise of the powers conferred by section 1 of, as read with Schedule 1 to, the Freshwater and Salmon Fisheries (Scotland) Act 1976[1] and all other powers enabling them in that behalf, hereby make the following Order:
Citation, commencement and duration
1. - (1) This Order may be cited as the Assynt - Coigach Area Protection Order 2004 and shall come into force on 4th June 2004.
(2) This Order shall cease to have effect on 7th October 2006.
Interpretation
2. In this Order-
-
"freshwater fish" has the same meaning as in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951[2]; and
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"the map" means the map marked "Area of the Assynt - Coigach Area Protection Order 2004", signed on behalf of the Scottish Ministers and deposited in the office of the Scottish Executive Environment and Rural Affairs Department, Pentland House, Robb's Loan, Edinburgh.
Prohibition of fishing
3.
Fishing for, or taking, freshwater fish in the inland waters in the area prescribed in article 4 without legal right or without written permission from a person having such right is prohibited.
Prescribed area
4.
The prescribed area, which lies in Highland Region, is the catchment areas of-
-
(a) all rivers which enter the sea on the west coast of Scotland between, in the north, a point immediately to the south of the Unapool Burn where it enters the sea and, in the south, a point immediately to the south of the River Runnie where it enters the sea; and
(b) all rivers which enter the sea on the east coast of Scotland between, in the north, a point immediately to the north of the River Oykel where it enters the sea and, in the south, a point immediately to the south of the River Oykel where it enters the sea,
in so far as those catchment areas lie within the area delineated by a continuous blue line on the map.
GORDON BROWN
A member of staff of the Scottish Ministers
Pentland House, Edinburgh
3rd June 2004
(This note is not part of the Order)
This Order prohibits the fishing for or taking of freshwater fish in inland waters in the prescribed area without legal right or written permission from a person having such a right (article 3). The Order shall cease to have effect on 7th October 2006 (article 1).
The prescribed area (article 4) is in Highland Region and comprises the catchment areas of:
-
(a) all rivers which enter the sea on the west coast of Scotland between, in the north, a point immediately to the south of the Unapool Burn where it enters the sea and, in the south, a point immediately to the south of the River Runnie where it enters the sea; and
(b) all rivers which enter the sea on the east coast of Scotland between, in the north, a point immediately to the north of the River Oykel where it enters the sea and, in the south, a point immediately to the south of the River Oykel where it enters the sea,
in so far as those catchment areas lie within the area delineated by a continuous blue line on a large scale map which may be inspected at the Scottish Executive Environment and Rural Affairs Department, Pentland House, Robb's Loan, Edinburgh on any working day between 10am and 4pm.
The map annexed to and forming part of this note illustrates the area in which the Order applies.
Section 1(8) of the Freshwater and Salmon Fisheries (Scotland) Act 1976 provides that any person who contravenes a prohibition in a protection order is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Click here to view map[a]
Notes:
[1] 1976 c.22. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back
[a] Amended by Correction Slip. The map was omitted when this Scottish Statutory Instrument was originally published. back
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