Citation, commencement, cessation and effect

1.—(1) This Order may be cited as the Sea Fish (Prohibition on Fishing) (Firth of Clyde) (No. 2) Order 2022 and comes into force on 12 February 2022.

(2) This Order remains in force until the end of 30 April 2023.

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

(a) from 14 February 2022 until the end of 30 April 2022, and

(b) from 14 February 2023 until the end of 30 April 2023.

Interpretation

2.  In this Order “ British fishing boat” means a fishing boat which either is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995( 2) or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act.

Prohibition on fishing

3.—(1) Fishing for sea fish by any method, by any British fishing boat, is prohibited in the areas referred to in paragraphs (2) and (3).

(2) That part of the Scottish zone which is enclosed by the 6 boundary lines which are described in Part 1 of the schedule, in each case by reference to—

(a) the co-ordinates of the points joined by the boundary line, and

(b) a topographical description of the boundary line.

(3) That part of the Scottish zone which is enclosed by the 14 boundary lines which are described in Part 2 of the schedule, in each case by reference to—

(a) the co-ordinates of the points joined by the boundary line, and

(b) a topographical description of the boundary line.

Revocation

4.  The following Orders are revoked—

(a) The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2019( 3),

(b) The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2021( 4),

(c) The Sea Fish (Prohibition on Fishing) (Firth of Clyde) Order 2022( 5).

Article 3

SCHEDULE Description of areas – boundary lines

PART 1

Where—

coordinate “A” is 55° 30.000’ north latitude and 005° 05.472’ west longitude,

coordinate “B” is 55° 30.000’ north latitude and 005° 00.000’ west longitude,

coordinate “C” is 55° 23.820’ north latitude and 005° 00.000’ west longitude,

coordinate “D” is 55° 23.820’ north latitude and 005° 24.600’ west longitude,

coordinate “E” is 55° 30.000’ north latitude and 005° 24.600’ west longitude,

coordinate “F” is 55° 30.000’ north latitude and 005° 19.947’ west longitude.

PART 2

Where—

coordinate “A” is 55° 25.713’ north latitude and 005° 32.426’ west longitude,

coordinate “B” is 55° 26.100’ north latitude and 005° 31.920’ west longitude,

coordinate “C” is 55° 17.220’ north latitude and 005° 16.860’ west longitude,

coordinate “D” is 55° 10.680’ north latitude and 005° 14.700’ west longitude,

coordinate “E” is 55° 12.960’ north latitude and 005° 08.940’ west longitude,

coordinate “F” is 55° 13.860’ north latitude and 005° 00.000’ west longitude,

coordinate “G” is 55° 06.797’ north latitude and 005° 00.000’ west longitude,

coordinate “H” is 55° 00.000’ north latitude and 005° 02.496’ west longitude,

coordinate “I” is 55° 00.000’ north latitude and 005° 05.170’ west longitude,

coordinate “J” is 55° 00.000’ north latitude and 005° 10.120’ west longitude,

coordinate “K” is 55° 00.000’ north latitude and 005° 21.000’ west longitude,

coordinate “L” is 55° 17.962’ north latitude and 005° 47.914’ west longitude,

coordinate “M” is 55° 25.088’ north latitude and 005° 33.303’ west longitude,

coordinate “N” is 55° 25.392’ north latitude and 005° 33.065’ west longitude.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order prohibits all methods of fishing within two specified areas of the Firth of Clyde from 14 February to 30 April, during both 2022 and 2023 (articles 1(3) and 3(1)). The Order remains in force until the end of 30 April 2023 (article 1(2)).

The areas closed to fishing under this Order are shown on the illustrative map which accompanies this Explanatory Note. The area horizontally hatched on the illustrative map is described in Part 1 of the schedule . The area diagonally hatched on the illustrative map is described in Part 2 of the schedule.

The Order applies only to British fishing boats (article 3(1)).

The South Arran Marine Conservation Order 2015 ( S.S.I. 2015/437) imposes separate restrictions on activities within part of the area referred to in article 3(2) and described in Part 1 of the schedule.

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 2019, the Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2021 and the Sea Fish (Prohibition on Fishing) (Firth of Clyde) Order 2022 (article 4).

A Business and Regulatory Impact Assessment (“ BRIA”) has been prepared in relation to this Order and placed in the Scottish Parliament Information Centre. Copies of the BRIA are available from Marine Scotland, Victoria Quay, Leith, Edinburgh EH6 6QQ and online atwww.legislation.gov.uk.