Scottish Statutory Instruments
Sea Fisheries
Conservation Of Sea Fish
Made
25th April 2017
Laid before the Scottish Parliament
27th April 2017
Coming into force
1st June 2017
Marginal Citations
M11967 c.84 (“the 1967 Act”). Section 1 was substituted by the Fisheries Act 1981 (c.29) (“the 1981 Act”), section 19(1) and was relevantly amended by the Merchant Shipping Act 1995 (c.21), schedule 13, paragraph 38(a); and by the Marine and Coastal Access Act 2009 (c.23) (“the 2009 Act”), section 194 and schedule 15, paragraph 1, which extend to Scotland by virtue of the Marine (Scotland) Act 2010 (asp 5) (“the 2010 Act”), section 158(1). Section 3 was relevantly amended by the Fishery Limits Act 1976 (c.86), schedule 2, paragraph 16(1); the Inshore Fishing (Scotland) Act 1984 (c.26), schedule 1; the 2009 Act, section 195 and schedule 22, Part 4, which extend to Scotland by virtue of the 2010 Act, section 158(1); and by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (“S.I. 1999/1820”), schedule 2, paragraph 43(2)(b) and (4). Section 5 was amended by the 1981 Act, section 22; by the 2009 Act, section 198 and schedule 15, paragraph 3, which extend to Scotland by virtue of the 2010 Act, section 158(1); and by S.I. 1999/1820, schedule 2, paragraph 43(2)(b). Sections 1, 3, 5, 20 and 22(2) of the 1967 Act are modified in relation to Scotland by section 22A(2), (2A), (2B), (6), (11) and (12) of the 1967 Act. Section 22A was inserted by S.I. 1999/1820, schedule 2, paragraph 43(13) and section 22A(6) was substituted by section 159(4) of the 2010 Act. Relevant modifications are contained in the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), article 5 and the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), articles 3, 5 and 6. Section 22(2) of the 1967 Act, which contains a definition of “the Ministers” for the purposes of relevant powers, was amended by the 1981 Act, sections 19(2)(d) and (3) and 45. The definition is modified in relation to Scotland by section 22A(12)(b) of the 1967 Act.
M21968 c.77. Section 5 was amended by the Fishery Limits Act 1976 (c.86), sections 4 and 24, schedule 1, paragraph 3 and schedule 2, paragraph 17; and by S.I. 1999/1820, schedule 2, paragraph 48.
1.—(1) This Order may be cited as the Regulation of Scallop Fishing (Scotland) Order 2017 and comes into force on 1st June 2017.
(2) This Order extends to Scotland and the Scottish zone only.
2. In this Order—
“the Act” means the Sea Fish (Conservation) Act 1967;
F1...
“king scallop” means a scallop of the species Pecten maximus;
“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;
“Scotland” and “the Scottish zone” have the same meaning as in section 126(1) of the Scotland Act 1998 M3;
“Scottish inshore waters” has the same meaning as in section 9(1) of the Inshore Fishing (Scotland) Act 1984 M4; and
“the territorial sea of the United Kingdom adjacent to Scotland” means waters which are treated as the territorial sea of the United Kingdom adjacent to Scotland, within the boundaries described in article 3 and schedule 1 of, the Scottish Adjacent Waters Boundaries Order 1999 M5.
Textual Amendments
F1Words in art. 2 omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 27(2) (with s. 50, Sch. 4 para. 31)
Commencement Information
Marginal Citations
M31998 c.46. In relation to the definition of “the Scottish zone”, the sea within British fishery limits (that is, the limits set by or under section 1 of the Fishery Limits Act 1976 (c.86)) which is adjacent to Scotland is determined by the Scottish Adjacent Waters Boundaries Order 1999 (S.I. 1999/1126).
M41984 c.26. The definition of “Scottish inshore waters” was amended by section 4(2) of the Inshore Fishing (Scotland) Act 1994 (c.27) and by S.I. 1999/1820.
3.—(1) For the purposes of section 1(1) of the Act (which prohibits the landing in Scotland of any sea fish of any description, which does not meet such requirements as to size as may be prescribed in relation to sea fish of that description), in relation to landing in any part of Scotland apart from the areas of coast specified in paragraph (2), there is prescribed as the minimum size in relation to sea fish of the description of king scallop a size of 105 millimetres.
(2) The specified areas of coast are—
(a)the west coast of mainland Scotland south of 55 degrees north latitude, lying adjacent to ICES Division VIIa; and
(b)the coast of the islands of the Shetland Islands.
[F2(3) The prohibition imposed by section 1(1) of the Act, as read with paragraph (1), does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.]
(4) For the purposes of this article, the size of a scallop is measurable in accordance with paragraph 6 of [F3Annex 4 of 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 measuresF4.]
(5) In this article—
F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)“ICES Division” means a statistical division of the International Council for the Exploration of the Sea M6.
Textual Amendments
F2Art. 3(3) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 27(3)(a) (with s. 50, Sch. 4 para. 31)
F3Words in art. 3(4) substituted (21.12.2020) by The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 5
F5Art. 3(5)(a) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 27(3)(b) (with s. 50, Sch. 4 para. 31)
Commencement Information
Marginal Citations
M6Cmnd. 2586.
4.—(1) Subject to paragraph (2), a fishing boat—
(a)must not deploy at any time in Scottish inshore waters or any other part of the territorial sea of the United Kingdom adjacent to Scotland—
(i)more than 8 scallop dredges from each of the port and starboard sides of the fishing boat;
(ii)more than 16 scallop dredges in total;
(iii)any tow bar with a total length exceeding 7.5 metres; or
(iv)more than 2 tow bars;
(b)must not deploy at any time in any other part of the Scottish zone—
(i)more than 14 scallop dredges from each of the port and starboard sides of the fishing boat; or
(ii)more than 28 scallop dredges in total; and
(c)when undertaking a single fishing trip for king scallops within the Scottish zone, in the course of which the fishing boat deploys scallop dredges in Scottish inshore waters or any other part of the territorial sea of the United Kingdom adjacent to Scotland and in any other part of the Scottish zone, must not deploy at any time—
(i)more than 8 scallop dredges from each of the port and starboard sides of the fishing boat;
(ii)more than 16 scallop dredges in total;
(iii)any tow bar with a total length exceeding 7.5 metres; or
(iv)more than 2 tow bars.
(2) A fishing boat is exempt from the restrictions in paragraph (1)(a) in so far as they apply to that part of the territorial sea of the United Kingdom adjacent to Scotland which is not within Scottish inshore waters, if and so long as the following conditions are complied with—
(a)the fishing boat has fished for king scallops at least once at any time during the reference period in any part of the territorial sea of the United Kingdom adjacent to Scotland other than in Scottish inshore waters and while so fishing at any time during the reference period the fishing boat deployed either 9 or 10 scallop dredges from each of the port and starboard sides of the fishing boat while a remote electronic monitoring system was installed on board; and
(b)while fishing for king scallops in any part of the territorial sea of the United Kingdom adjacent to Scotland other than in Scottish inshore waters, the fishing boat does not deploy at any time—
(i)more than 10 scallop dredges from each of the port and starboard sides of the fishing boat; or
(ii)more than 20 scallop dredges in total.
(3) For the purposes of paragraph (2), “remote electronic monitoring system” means a remote electronic monitoring system which includes—
(a)a control box or storage box which is capable of housing and storing software and data—
(i)consisting of recorded images from digital cameras and recorded data from winch sensors and a global positioning system device;
(ii)which is capable of storing a minimum of 1000 hours of recorded data; and
(iii)which automatically over-writes the recorded data when the maximum data capacity is reached;
(b)a minimum of 2 digital cameras, each of which—
(i)produces images of at least 1080 pixels per frame;
(ii)is capable of visually recording fishing and related activities, including all movements related to the setting and hauling of fishing gear; and
(iii)has a minimum IP Rating of IP66;
(c)winch sensors which are—
(i)connected to the winches by which fishing gear can be deployed;
(ii)activated when the winches are operated; and
(iii)linked to the digital cameras in such a way that clear recorded images from the point at which the winches are operated can be readily retrieved;
(d)a global positioning system device which automatically stores in the control box or storage box, at intervals of a least once every 10 seconds, the following information—
(i)the fishing boat’s unique identifier;
(ii)the most recent geographical position of the fishing boat, using co-ordinates of latitude and longitude on the World Geodetic System 1984 Datum;
(iii)the date and time of the fixing of each geographical position of the fishing boat; and
(iv)the speed and course of the fishing boat at that time;
(e)a means of enabling the master to view the recorded data in real time on board the fishing boat on which the system is installed; and
(f)a means of allowing a British sea-fishery officer—
(i)from a position inside the wheelhouse of the fishing boat, to extract data held in the control box or storage box; and
(ii)to view recorded data on the system from a remote location.
(4) For the purposes of this article—
“IP Rating” means ingress protection rating as defined in international standard IEC 60529, setting out degrees of protection by enclosures against harmful ingress of water;
“the reference period” means the period beginning with 1 January 2018 and ending with 31 December 2020; and
“tow bar” means any device or appliance which is capable of being used for the purpose of fixing or attaching a scallop dredge to a fishing boat for the purpose of enabling such a dredge to be towed by the fishing boat and the length of a tow bar is to be measured in accordance with paragraph (5).
(5) For the purposes of this article, the length of a tow bar is measured by measuring the length of the bar, including those parts of the bar which extend over the wheels, skids or any other devices at each end of the bar which are designed to facilitate its movement.]
Textual Amendments
F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Art. 5 omitted (17.6.2024) by virtue of The Sea Fisheries (Remote Electronic Monitoring and Regulation of Scallop Fishing) (Scotland) Regulations 2024 (S.S.I. 2024/165), regs. 1(2)(b), 23(3)
F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Art. 6 omitted (17.6.2024) by virtue of The Sea Fisheries (Remote Electronic Monitoring and Regulation of Scallop Fishing) (Scotland) Regulations 2024 (S.S.I. 2024/165), regs. 1(2)(b), 23(4)
7. Article 5 of the Prohibition of Fishing for Scallops (Scotland) Order 2003 M7 is revoked.
Commencement Information
Marginal Citations
FERGUS EWING
A member of the Scottish Government
St Andrew's House,
Edinburgh
(This note is not part of the Order)
This Order, which applies in relation to the Scottish zone and to landings in Scotland, introduces measures for the conservation of king scallops.
Article 3 prescribes a minimum size (of 105 millimetres) for the landing of king scallops in any part of Scotland, apart from two specified areas: an area of coastline in the south west of mainland Scotland and the Shetland Islands. By virtue of Annex XII of Council Regulation (EC) No 850/98 (OJ L 125, 27.4.1998, p.1) for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (“the Council Regulation”) the minimum size for the landing of scallops remains 100 millimetres in the Shetland Islands and 110 millimetres in the area of coastline in the south west of mainland Scotland.
Article 4 restricts the number of scallop dredges that can be towed at any time by British fishing boats in the Scottish zone, and the way in which such dredges can be deployed.
Article 5 provides for two alternative exemptions from the restrictions in article 4, in so far as they apply to scallop dredging by British fishing boats within the Scottish zone. The exemptions are that the restrictions in article 4 do not apply in two specified situations in which the total length of any tow bar deployed does not exceed 7.5 metres, no more than 2 tow bars are deployed at any time and no more than 8 scallop dredges are towed from either side of the fishing boat.
Article 6 imposes a requirement for a fully functional remote electronic monitoring system to be installed on board a British fishing boat while it is engaged in scallop dredging in the Scottish zone. This requirement does not apply to any boat which is exempt from the restrictions in article 4, by virtue of article 5. Nor does it apply to any boat which dredges for king scallops within the Scottish zone, but solely in that part of the Scottish zone which does not form part of Scottish inshore waters or any other part of the territorial sea of the United Kingdom adjacent to Scotland.
Article 7 revokes article 5 of the Prohibition of Fishing for Scallops (Scotland) Order 2003 (S.S.I. 2003/371), as that provision is superseded by this Order.
Offences for breach of this Order are contained in section 1(7) and 3(5) 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 Order was 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.
The provisions contained in the Order were notified in draft to the European Commission in accordance with the requirements of Article 5 of Directive (EU) 2015/1535 of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codification) (OJ L 241, 17.9.2015, p.1).
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.