UK Offence Report

The Sea Fish (Prohibition on Fishing) (Firth of Clyde) (No. 2) Order 2022 (revoked)

Scottish Statutory Instrument 2022 No. 35 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
1 February 2022
In force from
12 February 2022
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 prohibits all methods of fishing within two specified areas of the Firth of Clyde from 14February to 30 April, during both 2022 and 2023 (articles 1(3) and 3(1)). The Order remains in force until the end of 30 April 2023 (article 1(2)). The areas closed to fishing under this Order are shown on the illustrative map which accompanies this Explanatory Note. The area horizontally hatched on the illustrative map is described in Part 1 of the schedule . The area diagonally hatched on the illustrative map is described in Part 2 of the schedule. The Order applies only to British fishing boats (article 3(1)). The South Arran Marine Conservation Order 2015 (S.S.I. 2015/437) imposes separate restrictions on activities within part of the area referred to in article 3(2) and described in Part 1 of the schedule. 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 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 2019, the Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2021 and the Sea Fish (Prohibition on Fishing) (Firth of Clyde) Order 2022 (article 4). A Business and Regulatory Impact Assessment (“BRIA”) has been prepared in relation to this Order and placed in the Scottish Parliament Information Centre. Copies of the BRIA are available from Marine Scotland, Victoria Quay, Leith, Edinburgh EH6 6QQ and online at www.legislation.gov.uk.

Offences created by this instrument

How Parliament handled it

Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.

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