The Sandeel (Prohibition of Fishing) (Scotland) Order 2024

EXPLANATORY NOTE

(This note is not part of the Order)

This Order prohibits fishing for sandeel within the Scottish zone (article 2(1)). It applies to all fishing boats, not just to Scottish or British fishing boats. The Scottish zone is defined in section 22(1) of the Sea Fish (Conservation) Act 1967 (“the 1967 Act”) by reference to a definition in section 126(1) of the Scotland Act 1998: it means the sea adjacent to Scotland up to the 200 nautical miles limit.

It is an offence under section 5(1) of the 1967 Act for any person to contravene a prohibition imposed by this Order. The maximum penalties are specified by section 11 of the 1967 Act. On summary conviction, the maximum penalty is a fine not exceeding £50,000. On conviction on indictment, the maximum 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.

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 the Marine Directorate, Scottish Government, Victoria Quay, Leith, Edinburgh EH6 6QQ and online at www.legislation.gov.uk.