UK Offence Report

The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2010

Scottish Statutory Instrument 2010 No. 9 — creates 1 criminal offence.

1offences created
0recorded in force
1revoked
Made
20 January 2010
In force from
14 February 2010
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
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 prohibits, subject to certain exceptions, all methods of fishing within certain areas of the Firth of Clyde from 14thFebruary until 30thApril, during both 2010 and 2011 (articles 1(3) and 3(1)). The Order is made pursuant to Article46 of Council Regulation (EC) No.850/98 of 30March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms. A map showing the areas closed to fishing under this Order is appended to this note for illustrative purposes only. The Order remains in force until the end of 30thApril 2011 (article1(2)). Area1 on the illustrative map is defined in article3(1)(a). Area2 on the illustrative map is defined in article3(1)(b). The Order applies only to Scottish fishing boats and relevant British fishing boats (articles 2(1) and 3(1)). The prohibition does not apply to fishing boats that fish within the closed areas exclusively with scallop dredges, creels and (in relation to area1 on the illustrative map) trawls used for fishing for Norway lobsters (article3(2) and (3)). The Order gives British sea-fishery officers powers to enforce the Order, including power to detain a vessel in port (article4). It is an offence under section5(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 section11 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 other fishing gear used in committing the offence. On summary conviction, if the court does not order the forfeiture of fish, it may impose an additional fine not exceeding the value of the fish. The Order revokes the Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2009 (article 5). A Regulatory Impact Assessment in relation to this Order has been prepared and placed in SPICE. Copies can be obtained from Marine Scotland, Pentland House, 47Robb’s Loan, Edinburgh, EH141TY.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

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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