The Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2015

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

Article 11(1) of Regulation ( EU ) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy ( OJ L 354, 28.12.2013, p.22) empowers EU member States to adopt conservation measures which are necessary for compliance with obligations under EU environmental legislation. This Order prohibits, subject to certain exceptions where applicable, specified methods of fishing within specified areas which have been designated as a Special Area of Conservation or as a Marine Protected Area.

Article 3 and Schedule 1 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in East Mingulay. Fishing with any fishing gear except a pelagic trawl is also prohibited in a smaller inner area within the larger protected area.

Article 4 and Schedule 2 prohibit fishing for sea fish with any fishing gear in an area of Scottish inshore waters in Loch Creran. Fishing for horse mussels is also prohibited in the same protected area. An exception to the prohibition applies throughout the protected area so as to permit fishing for sea fish with a rod and line or a handline. Exceptions also apply so as to permit fishing for sea fish with a creel or parlour creel in two excepted fishing areas within the larger protected area.

Article 5 and Schedule 3 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in Loch Laxford.

Article 6 and Schedule 4 prohibit fishing for sea fish by hand or with specified fishing gear in an area of Scottish inshore waters in Loch Sween. An exception to the prohibition applies so as to permit fishing by specified methods within an excepted area within the larger protected area. However, part of the exception permits fishing only between certain hours of specified days of the week.

Article 7 and Schedule 5 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in Loch Sunart. Fishing for horse mussels is also prohibited in the same protected area. An exception applies so as to permit fishing for sea fish with a creel or parlour creel in a designated fishing area within the larger protected area.

Article 8 and Schedule 6 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in the Southern Inner Sound. A seasonal exception applies so as to permit fishing with specified types of fishing gear within the protected area. However, the exception does not apply to fishing by specified methods, or to fishing in two smaller areas within the larger protected area. Fishing for horse mussels is also prohibited in the two smaller areas.

Article 9 and Schedule 7 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in Noss Head and Sinclair Bay. Fishing for horse mussels is also prohibited in the same protected area.

Article 10 and Schedule 8 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in Sanday.

Article 11 and Schedule 9 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in St Kilda.

Article 12 and Schedule 10 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in the Treshnish Isles.

Article 13 and Schedule 11 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in Upper Loch Fyne. Fishing for horse mussels is also prohibited in the same protected area. An exception to the prohibition applies so as to permit fishing from boats with a gross tonnage of no more than 75 tonnes, using a demersal trawl, in a designated area within the larger protected area. Fishing with a creel, parlour creel, set net or long line is also prohibited in an additional smaller protected area within the larger protected area.

Article 14 and Schedule 12 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in Loch Goil. Fishing for horse mussels is also prohibited in the same protected area. An exception to the prohibition applies so as to permit fishing from boats with a gross tonnage of no more than 75 tonnes, using a demersal trawl, in a designated area within the larger protected area.

Article 15 and Schedule 13 prohibit fishing for sea fish with specified fishing gear in an area of Scottish inshore waters in the Wyre and Rousay Sounds.

Article 16 revokes entries in the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2004 relating to Loch Sween; the Southern Inner Sound including Lochs Carron, Kishorn, Duich, Alsh and Hourn; Loch Laxford; and Sinclair Bay. It also revokes the Inshore Fishing (Prohibited Methods of Fishing) (Loch Creran) Order 2007.

Any person who contravenes a provision contained in this Order commits an offence under section 4 of the Inshore Fishing (Scotland) Act 1984.

A business and regulatory impact assessment 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.