1 General power to prohibit sea fishing in specified areas.S
(1)The [F1Scottish Ministers] may, after consultation with such bodies as he considers appropriate, make orders under this section regulating fishing for sea fish in any specified F2. . . area within Scottish inshore waters.
(2)Orders under this section may prohibit, within the specified F2. . . 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;
[F3(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) [F4(c) or (ddd)] above applies within a specified F2. . . 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 [F4Scottish inshore waters] forthwith.
Textual Amendments
F1Words in s. 1(1) substituted (1.7.1999) by S.I. 1999/1820, art. 4 Sch. 2 Pt. I para. 72(2); S.I. 1998/3178, art. 3
F2Words 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
F3S. 1(2)(dd)(ddd) inserted (8.8.1994) by 1994 c. 27, s. 1(3)(b); S.I. 1994/2124, art. 2
F4Words in s. 1(3) substituted (8.8.1994) by 1994 c. 27, s. 1(4)(a)(c); S.I. 1994/2124, art. 2