The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000

Application S

3.—(1)  [F1 Subject to paragraph (2), article 4 applies to any net used by] –

(a) any Scottish fishing boat in ICES IIa south of 64° north latitude and east of 4° west longitude (Norwegian Sea), ICES IV (North Sea) or ICES VI (West of Scotland) [F2 excluding that part of ICES Division VIa which is specified in paragraph (1C)]; or

(b) any [F3 other] fishing boat in that part of ICES IIa south of 64° north latitude and east of 4° west longitude (Norwegian Sea), of ICES VI (West of Scotland) [F4 excluding that part of ICES Division VIa which is specified in paragraph (1C)] or of ICES IV (North Sea) within the Scottish zone.

[F5 (1A) Article 4A applies to any net used by–

(a) any Scottish fishing boat within that part of ICES Division VIa which is specified in paragraph (1C); [F6 or]

[F7 (b) any other fishing boat within that part of ICES Division VIa which is specified in paragraph (1C) and is within the Scottish zone.]

(1B) Subject to paragraphs (2) and (3), articles 5 and 5A apply to any net used by–

(a) any Scottish fishing boat in ICES IIa south of 64° north latitude and east of 4° west longitude (Norwegian Sea), or ICES VI (West of Scotland); or

(b) any [F8 other] fishing boat in that part of ICES IIa south of 64° north latitude and east of 4° west longitude (Norwegian Sea), of ICES VI (West of Scotland) or of ICES IV (North Sea) within the Scottish zone.

(1C) The area specified by this paragraph is the area of water within ICES VI (West of Scotland) which is bounded by a line beginning at a point at 55°00'N on the west coast of Scotland; thence to a point at 55°00'N on the east coast of Northern Ireland; thence following the coast north and west to a point at 54°30'N on the west coast of Ireland; thence following those rhumb lines which sequentially join the following coordinates:–

• 54°30'N, 10°35'W

• 55°20'N, 9°50'W

• 55°30'N, 9°20'W

• 56°40'N, 8°,55'W

• 57°0'N, 9°,0'W

• 57°20'N, 9°,20'W

• 57°50'N, 9°,20'W

• 58°10'N, 9°,0'W

• 58°40'N, 7°,40'W

• 59°0'N, 7°,30'W

• 59°20'N, 6°,30'W

• 59°40'N, 6°,5'W

• 59°40'N, 5°,30'W

• 60°0'N, 4°,50'W

• 60°15'N, 4°0'W;

thence to a point at 4°00'W on the north coast of Scotland; thence west and south along the mainland Scottish coast to a point at 55°00'N on the west coast of Scotland (hereinafter referred to as “east of the Cod Recovery Line within ICES Division VIa”).]

(2) [F9 Articles 4, 5 and 5A] do not apply to any net that is–

(a) carried in, or used by, a beam trawler; or

(b) properly lashed and stowed in such a way that it may not be readily [F10 used; or]

[F11 (c) carried in, or used by, a boat for the purpose of fishing for queen scallops;]

[F12 (3) Article 5A(b) does not apply to any net that is carried in or used by a boat for the purpose of fishing for Norway lobsters.]

Textual Amendments

F1 Words in art. 3(1) substituted (1.5.2009) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2009 (S.S.I. 2009/165), arts. 1, 2(3)(a)

F2 Words in art. 3(1)(a) inserted (1.5.2009) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2009 (S.S.I. 2009/165), arts. 1, 2(3)(b)

F3 Word in art. 3(1)(b) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 23(2) (with s. 50, Sch. 4 para. 31)

F4 Words in art. 3(1)(b) inserted (1.5.2009) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2009 (S.S.I. 2009/165), arts. 1, 2(3)(b)

F5 Art. 3(1A)-(1C) inserted (1.5.2009) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2009 (S.S.I. 2009/165), arts. 1, 2(3)(c)

F6 Word in art. 3(1A)(a) inserted (3.7.2010) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2010 (S.S.I. 2010/231), arts. 1, 2(3)(a)

F7 Art. 3(1A)(b) substituted for art. 3(1A)(b)(c) (3.7.2010) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2010 (S.S.I. 2010/231), arts. 1, 2(3)(b)

F8 Word in art. 3(1B)(b) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 23(2) (with s. 50, Sch. 4 para. 31)

F9 Words in art. 3(2) substituted (1.5.2009) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2009 (S.S.I. 2009/165), arts. 1, 2(3)(d)

F10 Words in art. 3(2)(b) substituted (1.8.2001) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2001 (S.S.I. 2001/250), arts. 1(1), 3(b)(ii)

F11 Art. 3(2)(c) inserted (1.8.2001) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2001 (S.S.I. 2001/250), arts. 1(1), 3(b)(iii)

F12 Art. 3(3) inserted (1.8.2001) by The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Amendment Order 2001 (S.S.I. 2001/250), arts. 1(1), 3(c)

Commencement Information

I1 Art. 3 in force at 3.8.2000, see art. 1(2)