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The Inshore Fishing (Prohibition of Fishing for Cockles) (Scotland) Order 1992

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This Statutory Instrument has been printed in substitution of the S.I. of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

1992 No. 2230 (S. 221)

SEA FISHERIES

The Inshore Fishing (Prohibition of Fishing for Cockles) (Scotland) Order 1992

Made

10th September 1992

Laid before Parliament

15th September 1992

Coming into force

6th October 1992

The Secretary of State, in exercise of the powers conferred on him by section 1 of the Inshore Fishing (Scotland) Act 1984(1) and of all other powers enabling him in that behalf and having consulted such bodies as he considers appropriate, hereby makes the following Order:

Citation and Commencement

1.  This Order may be cited as the Inshore Fishing (Prohibition of Fishing for Cockles) (Scotland) Order 1992 and shall come into force on 6th October 1992.

Interpretation

2.  In this Order—

“the specified sea area” means that part of Scottish inshore waters adjacent to the coast of Scotland between, in the west a point at 54° 40'.6 North latitude and 4° 23'.45 West longitude (hereafter “Burrow Head”) and, in the east, the border with England and lying generally to the east of a straight line drawn from Burrowead in a direction of 110° 30' true, but excluding from that area any waters which are nearer to any point on the coast of England than to any point on the coast of Scotland.

Prohibitions of Fishing for Cockles

3.  Fishing for cockles (Cerastoderma edule) in the specified sea area is prohibited—

(a)from the date of coming into force of this Order until the thirty first day of December 1992, both dates inclusive; and

(b)in each year thereafter—

(i)from the first day of January until the thirty first day of July, both dates inclusive, and

(ii)on every Friday and Saturday between the first day of August and the thirty first day of December, both dates inclusive.

Exemption for scientific investigation

4.  The prohibitions contained in this Order shall not apply to fishing for cockles for the purpose of scientific investigation.

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

10th September 1992

Explanatory Note

(This note is not part of the Order)

This Order prohibits, subject to an exception, fishing for cockles (Cerastoderma edule), within that part of Scottish inshore waters described in article 2, during certain periods. “Scottish inshore waters” is defined in section 9(1) of the Inshore Fishing (Scotland) Act 1984.

Initially, cockle fishing is prohibited from the date of coming into force of this Order until 31st December 1992 (article 3(a)). Thereafter fishing for cockles is prohibited each year, from 1st January until 31st July (article 3(b)(i)), and on each Friday and Saturday between 1st August and 31st December (article 3(b)(ii)).

Cockle fishing for purposes of scientific investigation is exempted from these prohibitions (article 4).

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