The Prohibition of Fishing with Multiple Trawls (Scotland) Order 2017

Made4th October 2017

Laid before the Scottish Parliament6th October 2017

Coming into force1st December 2017

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 5(1) and (2), 15(3), 20(1), 22(2)(a) and 22A of the Sea Fish (Conservation) Act 19671 and all other powers enabling them to do so.

Citation, commencement and extentI21

1

This Order may be cited as the Prohibition of Fishing with Multiple Trawls (Scotland) Order 2017 and comes into force on 1st December 2017.

2

Subject to paragraph (3), this Order extends to Scotland and the Scottish zone only.

3

So far as this Order extends beyond Scotland and the Scottish zone, it does so only as a matter of Scots law.

InterpretationI32

1

In this Order—

F1“Regulation 2019/1241” means Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures,
“beam trawler” means a fishing boat which, in so far as it carries or uses nets, carries or uses only nets which are designed to be towed along the sea-bed and which have their mouth extended by a beam, bar or other rigid device;
“net” means a trawl, seine net or similar towed net; and
“single trawl” means a single net towed by a two warp rig in which the net has a single groundrope bosom.

2

Expressions in this Order which are not defined in paragraph (1) and which appear in F2Regulation 2019/1241 have the same meaning in this Order as they have in the Council Regulation.

Prohibition of method of fishingI43

1

This article applies to fishing by—

a

any Scottish fishing boat wherever it may be; and

b

any F6other fishing boat within the Scottish zone.

2

Subject to F3paragraphs (3) and (4), fishing for sea fish with any trawl other than a single trawl is prohibited.

3

Paragraph (2) does not apply to fishing with two trawls—

a

by any beam trawler; or

b

F4subject to paragraph (4), where both trawls have a mesh size of 80 millimetres or more.

F54

Fishing for redfish with trawls with a mesh size of less than 100 millimetres in the area described in the first sub-paragraph of paragraph 1(1) of Part C of Annex 12 of Regulation 2019/1241 is prohibited.

RevocationI14

The following Orders are revoked—

a

the Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Order 20003; and

b

the Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Amendment Order 20074.

FERGUS EWINGA member of the Scottish GovernmentSt Andrew’s House,Edinburgh

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes and re-enacts with amendments the Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Order 2000, by prohibiting fishing for sea fish with more than one trawl, except in two specified situations. The Order forms part of the law of Scotland only.

The Order provides for stricter measures for the management and conservation of stocks pursuant to 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 (“the Council Regulation”) (OJ No L 125, 27.4.98, p.1).

Article 3(2) of the Order prohibits fishing for sea fish with any trawl other than a single trawl. Article 3(1) provides that the prohibition applies to a Scottish fishing boat wherever it may be and to any other British fishing boat within the Scottish zone. Article 3(3)(a) provides that the prohibition does not apply to beam trawlers fishing with two trawls. Article 3(3)(b) provides that the prohibition does not apply to fishing with two trawls where both trawls have a mesh size of 80 millimetres or more.

Article 4 revokes the Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Order 2000 and the Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Amendment Order 2007.

Any person who contravenes a prohibition imposed by this Order is guilty of an offence under section 5(1) of the Sea Fish (Conservation) Act 1967 (“the Act”). Penalties, which are set out at section 11 of the Act, include a fine not exceeding £50,000 on summary conviction and a fine on conviction on indictment. The court may impose an additional fine not exceeding the value of the fish caught in contravention of the Act or caught with fishing gear that contravened the Act. The court may also order the forfeiture of that fish or fishing gear.

For the purposes of this Order, a British sea-fishery officer has the powers conferred by section 15 of the Act, by Part 7 of the Marine (Scotland) Act 2010 (asp 5) and by sections 35, 36 and 39 of the Aquaculture and Fisheries (Scotland) Act 2013 (asp 7).

The provisions contained in this Order were made in accordance with the procedure set out in Article 46 of the Council Regulation. Article 46 of the Council Regulation authorises Member States to take certain national measures for the conservation and management of local stocks.