The Inshore Fishing (Monofilament Gill Nets) (Scotland) Order 1996

Statutory Instruments

1996 No. 1907 (S.157)

SEA FISHERIES

The Inshore Fishing (Monofilament Gill Nets) (Scotland) Order 1996

Made

15th July 1996

Laid before Parliament

23rd July 1996

Coming into force

12th August 1996

The Secretary of State, in exercise of the powers conferred on him by sections 1 and 2 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, commencement and interpretation

1.—(1) This Order may be cited as the Inshore Fishing (Monofilament Gill Nets) (Scotland) Order 1996 and shall come into force on 12th August 1996.

(2) In this Order–

“monofilament gill net” means any net designed for the purpose of catching fish by enmeshing them, containing any mesh the sides of which consist of a single filament of synthetic material; and

“specified area” means that area adjacent to the coast of Scotland and to the landward of a limit of six miles from the baseline from which the breadth of the territorial sea is measured, up to the mean high water mark of ordinary spring tides, bounded on the east coast by a straight line extending seawards from a point on the mainland at 55E 48N.67 North latitude and 02E 02N.0 West longitude, in a direction of 055E true to the point where it would intersect the outer limit of Scottish inshore waters and excluding on the west coast any waters which are nearer to any point on the coasts of England or Northern Ireland than to any point on the coast of Scotland.

Prohibition of fishing with monofilament gill nets

2.  Fishing for sea fish with a monofilament gill net in the specified area is prohibited.

Prohibition of carriage of monofilament gill nets

3.—(1) The carriage of monofilament gill net, having a mesh size less than 250 millimetres, for any purpose, in any British fishing boat, in the specified area, is prohibited.

(2) For the purposes of this Order, the mesh size of a net shall be determined in accordance with the provisions of Commission Regulation (EEC) No.2108/84 laying down detailed rules for determining the mesh size of fishing nets(2).

Revocation

4.  The Inshore Fishing (Prohibition of Carriage of Monofilament Gill Nets) (Scotland) Order 1986(3) is hereby revoked.

Raymond S Robertson

Parliamentary Under Secretary of State,

Scottish Office

15th July 1996

Explanatory Note

(This note is not part of the Order)

This Order prohibits–

(a) fishing for sea fish with a monofilament gill in the specified area (article 2); and

(b) the carriage of monofilament gill net having a mesh size less than 250 millimetres, for any purpose, in any British fishing boat, in the specified area (article 3(1)).

“Monofilament gill net” and “specified area” are defined in article 1(2). The mesh size of nets is to be determined in accordance with Commission Regulation (EEC) No. 2108/84 (article 3(2)).

The Inshore Fishing (Prohibition of Carriage of Monofilament Gill Nets) (Scotland) Order 1986 is revoked (article 4).

(1)

1984 c. 26; sections 1 and 2 were amended by the Inshore Fishing (Scotland) Act 1994 (c. 27), sections 1 and 4.

(2)

OJ No. L194, 24.7.84, p.22.

(3)

S.I. 1986/60.