UK Offence Report

The Prohibition of Fishing for Scallops (Scotland) Order 2003

Scottish Statutory Instrument 2003 No. 371 — creates 1 criminal offence.

1offences created
0recorded in force
1revoked
Made
23 July 2003
In force from
22 September 2003
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
Sea Fish (Conservation) Act 1967

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order, which forms part of the law of Scotland only, introduces measures for the conservation of king scallops. Fishing for king scallops by a Scottish fishing boat or relevant British fishing boat by means of a French dredge or scallop dredge to which anything has been attached which obstructs the rings or netting on any part of the dredge is prohibited in the Scottish zone (article 3). Fishing for king scallops by means of a French dredge by any Scottish or relevant British fishing boat is prohibited completely in Scottish inshore waters and is prohibited elsewhere in the Scottish zone except in accordance with article 4. Fishing for king scallops by means of a scallop dredge by a Scottish fishing boat or a relevant British fishing boat in the Scottish zone is prohibited except in accordance with article 5. Article 6 sets out the powers of British sea-fishery officers to enforce this Order. 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 gear used in committing the offence. On summary conviction, if the court does not order the forfeiture of fish, it must impose a fine not exceeding the value of the fish.

Offences created by this instrument

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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