The Prohibition of Fishing for Scallops (Scotland) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order, which forms part of the law of Scotland only, introduces measures for the conservation of king scallops.

Fishing for king scallops by a Scottish fishing boat or relevant British fishing boat by means of a French dredge or scallop dredge to which anything has been attached which obstructs the rings or netting on any part of the dredge is prohibited in the Scottish zone (article 3).

Fishing for king scallops by means of a French dredge by any Scottish or relevant British fishing boat is prohibited completely in Scottish inshore waters and is prohibited elsewhere in the Scottish zone except in accordance with article 4.

Fishing for king scallops by means of a scallop dredge by a Scottish fishing boat or a relevant British fishing boat in the Scottish zone is prohibited except in accordance with article 5.

Article 6 sets out the powers of British sea-fishery officers to enforce this Order.

It is an offence under section 5(1) of the Sea Fish (Conservation) Act 1967 to use a fishing boat in contravention of a prohibition imposed by this Order. The penalties are fixed by section 11 of that Act. On summary conviction the penalty is a fine not exceeding £50,000. On conviction on indictment the 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 gear used in committing the offence. On summary conviction, if the court does not order the forfeiture of fish, it must impose a fine not exceeding the value of the fish.