2024 No. 6
Sea FisheriesConservation Of Sea Fish
The Sea Fish (Prohibition on Fishing) (Firth of Clyde) Order 2024
Made 9th January 2024
Laid before the Scottish Parliament 11th January 2024
Coming into force 14th February 2024

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 5(1)(a) and 20(1) of the Sea Fish (Conservation) Act 1967 and all other powers enabling them to do so.
1967 c. 84 (“the 1967 Act”). Section 5(1) of the 1967 Act was substituted by section 198(2) of the Marine and Coastal Access Act 2009 (c. 23) (“the 2009 Act”), which extends to Scotland by virtue of section 158(1) of the Marine (Scotland) Act 2010 (asp 5) (“the 2010 Act”). Sections 5 and 20 of the 1967 Act are modified in relation to Scotland by section 22A(2), (6) and (11) of that Act. Section 22A of the 1967 Act was inserted by S.I. 1999/1820. Section 22A(2) of the 1967 Act was amended by section 159 of the 2010 Act. Section 22A(6) of the 1967 Act was substituted by section 159(4) of the 2010 Act and section 22A(11) of the 1967 Act was amended by S.I. 2000/2040 and paragraph 6(13)(d) of schedule 4 of the Fisheries Act 2020 (c. 22).

1 Citation, commencement, cessation and effect
1 This Order may be cited as the Sea Fish (Prohibition on Fishing) (Firth of Clyde) Order 2024 and comes into force on 14 February 2024.
2 This Order remains in force until the end of 30 April 2025.
3 The prohibition in article 3(1) has effect during the following periods—
(a) from 14 February 2024 until the end of 30 April 2024, and
(b) from 14 February 2025 until the end of 30 April 2025.

2 Interpretation
In this Order “British fishing boat” means a fishing boat which either is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act.
1995 c. 21.

3 Prohibition on fishing
1 Fishing for sea fish by any method, by any British fishing boat, is prohibited in the areas referred to in paragraphs (2) and (3).
2 That part of the Scottish zone which is enclosed by the 6 boundary lines which are described in Part 1 of the schedule, in each case by reference to—
(a) the co-ordinates of the points joined by the boundary line, and
(b) a topographical description of the boundary line.
3 That part of the Scottish zone which is enclosed by the 14 boundary lines which are described in Part 2 of the schedule, in each case by reference to—
(a) the co-ordinates of the points joined by the boundary line, and
(b) a topographical description of the boundary line.

4 Revocation
The Sea Fish (Prohibition on Fishing) (Firth of Clyde) (No. 2) Order 2022 is revoked.
S.S.I. 2022/35.
GILLIAN MARTIN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 9th January 2024

SCHEDULE Description of areas – boundary lines
Article 3
PART 1
Boundary Line	Set of co-ordinates of points which the boundary line joins	Topographic description of boundary line
1.	A to B	Loxodrome
2.	B to C	Loxodrome
3.	C to D	Loxodrome
4.	D to E	Loxodrome
5.	E to F	Loxodrome
6.	F to A	Line following the mean high water spring mark
Where—
coordinate “A” is 55° 30.000’ north latitude and 005° 05.472’ west longitude,
coordinate “B” is 55° 30.000’ north latitude and 005° 00.000’ west longitude,
coordinate “C” is 55° 23.820’ north latitude and 005° 00.000’ west longitude,
coordinate “D” is 55° 23.820’ north latitude and 005° 24.600’ west longitude,
coordinate “E” is 55° 30.000’ north latitude and 005° 24.600’ west longitude,
coordinate “F” is 55° 30.000’ north latitude and 005° 19.947’ west longitude.
PART 2
Boundary Line	Set of co-ordinates of points which the boundary line joins	Topographic description of boundary line
1.	A to B	Loxodrome
2.	B to C	Loxodrome
3.	C to D	Loxodrome
4.	D to E	Loxodrome
5.	E to F	Loxodrome
6.	F to G	Loxodrome
7.	G to H	Line following the mean high water spring mark
8.	H to I	Loxodrome
9.	I to J	Line following the mean high water spring mark
10.	J to K	Loxodrome
11.	K to L	Loxodrome
12.	L to M	Line following the mean high water spring mark
13.	M to N	Loxodrome
14.	N to A	Line following the mean high water spring mark
Where—
coordinate “A” is 55° 25.713’ north latitude and 005° 32.426’ west longitude,
coordinate “B” is 55° 26.100’ north latitude and 005° 31.920’ west longitude,
coordinate “C” is 55° 17.220’ north latitude and 005° 16.860’ west longitude,
coordinate “D” is 55° 10.680’ north latitude and 005° 14.700’ west longitude,
coordinate “E” is 55° 12.960’ north latitude and 005° 08.940’ west longitude,
coordinate “F” is 55° 13.860’ north latitude and 005° 00.000’ west longitude,
coordinate “G” is 55° 06.797’ north latitude and 005° 00.000’ west longitude,
coordinate “H” is 55° 00.000’ north latitude and 005° 02.496’ west longitude,
coordinate “I” is 55° 00.000’ north latitude and 005° 05.170’ west longitude,
coordinate “J” is 55° 00.000’ north latitude and 005° 10.120’ west longitude,
coordinate “K” is 55° 00.000’ north latitude and 005° 21.000’ west longitude,
coordinate “L” is 55° 17.962’ north latitude and 005° 47.914’ west longitude,
coordinate “M” is 55° 25.088’ north latitude and 005° 33.303’ west longitude,
coordinate “N” is 55° 25.392’ north latitude and 005° 33.065’ west longitude.

EXPLANATORY NOTE
(This note is not part of the Order)
This Order prohibits all methods of fishing within two specified areas of the Firth of Clyde from 14 February to 30 April, during both 2024 and 2025 (articles 1(3) and 3(1)). The Order remains in force until the end of 30 April 2025 (article 1(2)).
The areas closed to fishing under this Order are shown on the illustrative map which accompanies this Explanatory Note. The area horizontally hatched on the illustrative map is described in Part 1 of the schedule. The area diagonally hatched on the illustrative map is described in Part 2 of the schedule.
The Order applies only to British fishing boats (article 3(1)).
The South Arran Marine Conservation Order 2015 (S.S.I. 2015/437) imposes separate restrictions on activities within part of the area referred to in article 3(2) and described in Part 1 of the schedule.
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 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.
The Order revokes the Sea Fish (Prohibition on Fishing) (Firth of Clyde) (No. 2) Order 2022 (article 4).
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 Scottish Government Marine Directorate, Victoria Quay, Leith, Edinburgh EH6 6QQ and online at www.legislation.gov.uk.