Section 1 General power to prohibit sea fishing in specified areas.

Scotland

(1)

The F1Scottish Ministers may, after consultation with such bodies as he considers appropriate, make orders under this section regulating fishing for sea fish in any specified F2. . . area within Scottish inshore waters.

(2)

Orders under this section may prohibit, within the specified . . . area, all or any, or a combination of the following—

(a)

all fishing for sea fish;

(b)

fishing for a specified description of sea fish;

(c)

fishing by a specified method;

(d)

fishing from a specified description of fishing boat;

F3(dd)

fishing from or by means of any vehicle or any vehicle of a specified description;

(ddd)

fishing by means of a specified description of equipment

and they may—

(e)

specify the period during which any prohibition is to apply;

(f)

make exceptions to any prohibition contained in the order.

(3)

Where an order under subsection (2)(b) F4(c) or (ddd) above applies within a specified . . . area for the time being, and, as an incident of lawful fishing operations, fish of a description for which fishing is prohibited are caught, or fish are caught by a method which is prohibited in respect of fish of that description, such fish shall, unless the order provides otherwise, be returned to Scottish inshore waters forthwith.

Annotations

Textual amendments

F1: Words in s. 1(1) substituted (1.7.1999) by S.I. 1999/1820, art. 4 Sch. 2 Pt. I para. 72(2); S.I. 1998/3178, art. 3
F2: Words in s. 1(1)(2)(3) omitted (8.8.1994) by virtue of 1994 c. 27, s. 1(1)(2)(3)(a)(4)(b); S.I. 1994/2124, art. 2
F3: S. 1(2)(dd)(ddd) inserted (8.8.1994) by 1994 c. 27, s. 1(3)(b); S.I. 1994/2124, art. 2
F4: Words in s. 1(3) substituted (8.8.1994) by 1994 c. 27, s. 1(4)(a)(c); S.I. 1994/2124, art. 2