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1 General power to prohibit sea fishing in specified areas.S

(1)The Secretary of State may, after consultation with such bodies as he considers appropriate, make orders under this section regulating fishing for sea fish in any specified F1. . . area within Scottish inshore waters.

(2)Orders under this section may prohibit, within the specified F1. . . area, all or any, or a combination of the following—

(a)all fishing for sea fish;

(b)fishing for a specified description of sea fish;

(c)fishing by a specified method;

(d)fishing from a specified description of fishing boat;

[F2(dd)fishing from or by means of any vehicle or any vehicle of a specified description;

(ddd)fishing by means of a specified description of equipment]

and they may—

(e)specify the period during which any prohibition is to apply;

(f)make exceptions to any prohibition contained in the order.

(3)Where an order under subsection (2)(b) [F3(c) or (ddd)] above applies within a specified F1. . . area for the time being, and, as an incident of lawful fishing operations, fish of a description for which fishing is prohibited are caught, or fish are caught by a method which is prohibited in respect of fish of that description, such fish shall, unless the order provides otherwise, be returned to [F3Scottish inshore waters] forthwith.

Textual Amendments

F1Words in s. 1(1)(2)(3) omitted (8.8.1994) by virtue of 1994 c. 27, s. 1(1)(2)(3)(a)(4)(b); S.I. 1994/2124, art. 2

F3Words in s. 1(3) substituted (8.8.1994) by 1994 c. 27, s. 1(4)(a)(c); S.I. 1994/2124, art. 2