Citation, commencement, cessation and effect

1.-(1) This Order may be cited as the Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2016 and comes into force on 14th February 2016.

(2) This Order remains in force until the end of 30th April 2017.

(3) The prohibition in article 3(1) has effect during the following periods:-

(a)from 14th February 2016 until the end of 30th April 2016; and

(b)from 14th February 2017 until the end of 30th April 2017.

Interpretation

2.-(1) In this Order-

"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 sea fish;

"ICES statistical rectangle" followed by numerals with a letter is a reference to whichever of the statistical sub-areas and divisions of the International Council for the Exploration of the Sea(2) is identified therein by those numerals and that letter;

"British fishing boat" means a fishing boat which either is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995(3) or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act;

"scallop dredge" means an appliance with a rigid framed mouth which is towed through the water and is manufactured, adapted, used or intended for use for the purpose of fishing for king scallops of the species Pecten maximus; and

"trawl" means a demersal trawl, seine net or similar towed net.

(2) For the purposes of this Order, a trawl is deemed to have been used for the purpose of fishing for Norway lobsters (of the species Nephrops norvegicus) if the catch retained on board a fishing boat meets the minimum percentage of target species specified for Norway lobster in respect of towed gears of mesh size range 80 to 99 millimetres in Annex I to Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms(4).

Prohibited methods of fishing

3.-(1) Fishing for sea fish by any method, by any British fishing boat, is prohibited in the area comprising that part of the Scottish zone contained within-

(a)that part of ICES statistical rectangle 39E4 which lies to the east of the peninsula of Kintyre and to the north of a straight line between 55°18′18″ north latitude, 05°38′50″ west longitude, and 55°00′30″ north latitude, 05°09′24″ west longitude; and

(b)that part of ICES statistical rectangle 39E4 which lies to the north of a straight line between 55°17′57″ north latitude, 05°47′54″ west longitude and 55°00′00″ north latitude, 05°21′00″ west longitude and to the south of a straight line between 55°18′18″ north latitude, 05°38′50″ west longitude and 55°00′30″ north latitude, 05°09′24″ west longitude(5).

(2) Subject to paragraph (4), the prohibition in paragraph (1)(a) does not apply to any fishing boat that fishes with only-

(a)a scallop dredge;

(b)a creel; or

(c)a trawl used for fishing for Norway lobsters.

(3) The prohibition in paragraph (1)(b) does not apply to any fishing boat that fishes with only-

(a)a scallop dredge; or

(b)a creel.

(4) Paragraph (2) is not to be read as allowing any fishing for sea fish in any part of the area described in paragraph (1)(a) which is otherwise prohibited by the South Arran Marine Conservation Order 2015(6).

Revocation

4.  The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2014(7) is revoked.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order prohibits, subject to certain exceptions, all methods of fishing within specified areas of the Firth of Clyde from 14th February until 30th April, during both 2016 and 2017 (articles 1(3) and 3(1)). It is made in accordance with the procedure set out in Article 46 of Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms and it remains in force until the end of 30th April 2017 (article 1(2)).

The areas closed to fishing under this Order are shown on the illustrative map which accompanies this Note.

The area diagonally hatched on the illustrative map is defined in article 3(1)(a).

The area horizontally hatched on the illustrative map is defined in article 3(1)(b).

The Order applies only to British fishing boats (article 3(1)). The prohibition does not apply to fishing boats that fish within the closed areas exclusively with scallop dredges, creels and (in relation to the area diagonally hatched on the illustrative map) trawls used for fishing for Norway lobsters (article 3(2) and (3)). However, the South Arran Marine Conservation Order 2015 imposes separate restrictions on fishing activities within part of the area described in article 3(1)(a). Article 3(4) provides that article 3(2) is not to be read as allowing fishing for sea fish within part of the area described in article 3(1)(a), where this is otherwise prohibited under that Order.

It is an offence under section 5(1) of the Sea Fish (Conservation) Act 1967 to use a fishing boat in contravention of a prohibition imposed by this Order. The penalties are fixed by section 11 of that Act. On summary conviction, the penalty is a fine not exceeding £50,000. On conviction on indictment, the penalty is an unlimited fine. In either case, the court may also order forfeiture of any fish in respect of which the offence was committed and of any net or other fishing gear used in committing the offence. On summary conviction, if the court does not order the forfeiture of fish, it may impose an additional fine not exceeding the value of the fish.

The Order revokes the Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2014 (article 4).

A business and regulatory impact has been prepared in relation to this Order and placed in the Scottish Parliament Information Centre. A copy of this can be obtained from Marine Scotland, the Scottish Government, Victoria Quay, Edinburgh EH6 6QQ.