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Statutory Instruments of the Scottish Parliament
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| Made | 2nd June 2005 | ||
| Laid before the Scottish Parliament | 3rd June 2005 | ||
| Coming into force | 25th June 2005 |
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 Scallop Kings (1997) Limited;
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)[3] 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 Loch Crinan Scallops Several Fishery Order 2005 and shall come into force on 25th June 2005.
Interpretation
2. In this Order-
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"the applicant" means Scallop Kings (1997) Limited, a company limited by guarantee and having its registered office at Linnet Cottage, Crinan, Lochgilphead, Argyll, PA31 8SW;
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"creel" means a basket, small cage, pot, receptacle or container with one or more openings or entrances which may be baited and is placed on the seabed for the purpose of catching shellfish;
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"the grantee" means the applicant or such other person as is for the time being entitled to the right of several fishery conferred by this Order; and
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"the fishery" means that part of the shore and bed of the sea at Loch Crinan, described in the Schedule to this Order.
Right of several fishery
3.
Subject to the following provisions of this Order, there is hereby conferred on the applicant for a period of 12 years beginning on the date on which this Order comes into force, the right of several fishery for scallops with respect to the whole of the area of the fishery.
Restriction on harvesting
4.
The right of several fishery conferred by article 3 is subject to the following restrictions-
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(a) the harvesting of scallops shall be carried out manually by divers; and
(b) the applicant shall not permanently moor within the limits of the area of the fishery any boat or other floating structure used by it in exercising its right of several fishery and any boat or other floating structure so used shall be moved from the area of the several fishery at the conclusion of each operation.
Permitted fishing implements
5.
For the purposes of section 7(4)(a)(iii) of the Sea Fisheries (Shellfish) Act 1967, a creel is specified as an implement of fishing the use of which is permitted within the fishery.
Assignation
6.
The grantee shall not without the prior written consent of the Scottish Ministers (which consent may be given in electronic form) assign or in any other way transfer the right of several fishery to any other person.
Marking of limits of fishery
7.
The grantee shall cause to be clearly marked the limits of the fishery on the bed and on the surface of the sea and shall maintain the marks in position and in good repair.
Rights of the Crown
8.
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the applicant to take, use, enter upon or in any manner interfere with any land, or interest in land, or any rights of whatever description (including any portion of the shore or bed of the sea, or of any river channel, creek, bay or estuary) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners.
ROSS FINNIE
A member of the Scottish Executive
St Andrew's House, Edinburgh
2nd June 2005
That part of the shore and bed of the sea at Loch Crinan, lying to the north of Crinan and extending to 97.420 hectares or thereby and bounded as follows-
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on or towards the north by a straight line one thousand and thirty six metres or thereby in length extending in an east south easterly direction from a point in Loch Crinan at 56°06'16"North latitude and 05°34'21"West longitude to a point 56°06'12"North latitude and 05°33'22"West longitude;
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then on or towards the east by a straight line eight hundred and sixty metres or thereby in length extending in a southerly direction to a point in Loch Crinan 56°05'44"North latitude and 05°33'22"West longitude;
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then on or towards the south by a straight line one thousand and fifty eight metres or thereby in length extending in a south westerly direction to a point in Loch Crinan at 56°05'33"North latitude and 05°34'21"West longitude;
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and then on or towards the west by a straight line one thousand three hundred and twenty metres or thereby in length extending in a northerly direction to the point of beginning at 56°06'16"North latitude and 05°34'21"West longitude.
(This note is not part of the Order)
This Order confers on Scallop Kings (1997) Limited ("the applicant") for a period of 12 years the right of several fishery for scallops in part of Loch Crinan (article 3). The part of Loch Crinan to which the Order applies is described in the Schedule to the Order. 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 Linnet Cottage, Crinan, Lochgilphead, Argyll, PA31 8SW. 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 (article 4(a)) and prohibits the permanent mooring of any boat or other floating structure within the limits of the area of the several fishery (article 4(b)).
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 the Scottish Ministers (article 6).
The Order requires the limits of the fishery 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.
A Regulatory Impact Assessment in relation to this Order has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb's Loan, Edinburgh, EH14 1TY.
Notes:
[1] 1967 c.83; section 1 was amended by the Sea Fisheries Act 1968 (c.77) ("the 1968 Act"), section 15(2) (and is to be read with section 15(3) to (5) of the 1968 Act), the Fishery Limits Act 1976 (c.86), section 9 and Schedule 2, paragraph 15, the Sea Fisheries (Shellfish) (Amendment) Act 1997 (c.3), section 1 and the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), article 4 and Schedule 2, paragraph 42(2)(a) and (b); Schedule 1 was amended by the 1968 Act, section 15(7). Scallops and queens were specified for the purpose of section 1 by the Shellfish (Specification of Molluscs) Regulations 1987 (S.I. 1987/218).back
[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
ISBN 0 11 069597 6