Inshore fishing (Scotland) Act 1984 : proposals for amendment of the existing prohibitions on fishing in Scottish inshore waters

12 Pages·1992·0.98 MB·English

by  Great Britain. Scottish Office

THE SCOTTISH OFFICE
i
Agriculture and Fisheries Department PentlandHouse
47Robb’sLoan
EdinburghEH14ITW
A copy of this letter has been
sent to the names and addresses
on the attached hst Telephone031-244
Fax[phone]
/ Au^st 1992
Dear Sir/Madam
INSHORE FISHING (SCOTLAND) ACT 1984
PROHIBITIONS ON FISHING IN SCOTTISH INSHORE. WATERS
1. The Inshore Fishing (Scotland) Act 1984 was brought into effect in
Ju.ly 1985, The Act gave the Secretary of State for Scotland general
powers to prohibit sea fishing in specified areas within Scottish inshore
waters and replied the large mass of outdated legislation which was then
in force. At this time a new Order - the Inshore Fishing (ProhiMtion of
Fishing and Fishing Methods) (Scotland) Order 1985 - was brou^t into
force with the object of introducing a modem, streamlined inshore fiRhtng^
regime. That Order was then updated with the introduction of the
Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland)
Order 1989 at the beginning of 1990.
2. The Eoain objectives of both the 1985 and 1989 Orders were to aid
conservation by, for example, preventing the use of certain types of
fishing gear in some specified areas and to prevent conflicts between
ditferent groups of fishermen. In general, however, the Government
preferred to allow different groups of fishermen wherever possible to
reach voluntary agre^oents to control fishing and to introduce statutory
prohibitions only as a last resort.
3. Three years on from the last review The Scottish Office Agriculture
and Fisheries Departm^rt believes the time is right for another formal
review of the inshore legislation. The attached consultation paper has
been drawn up proposing some changes to the conservation regime. In
the pa;^r, although the Department's preferred options are, where
appropi^te, identified, we are willing to consider alternative suggestions,
particularly if an alternative can be shown to command general support.
m4.th BtehfeoreinadunsetwryOrisderneccaenssabrey.madeThiusndecronstuhleta1t9i8o4n Apcatp,erconissultbaetiinong
circulated widely to interested parties and comments on the iiroposals are
invited by 25 S^tember 1992. Any comments should be sent to
Denise Barron, The Scottish Office Agriculture and Fisheries Departmrait,
Room 134, Pentland House, 47 Robb’s Loan, Edinburg, EH14 ITW. Any
comments received will be nmde available to the public unless the
oofrgtahneii^rtrieopnlyortii*nedaitBvdidausalcocnofnicdeerntnieadl.indicates that they wish all, or part,*
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5. Further copies of the consultation paper can be obtained from the
address given above.
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standard Distribution List P Chaplin Esq
Sea Fish Industry Authority
Sea Fisheries House
10 Young Street
EDINBURGH
Robert Allan Esq Colin Thom Esq
Scottish Fishermen^s Federation Mallaig and North West
16 Bon Accord Crescent Fishermen’s Association
ABERDEEN Harbour Offices
AB1-2DE MALLAIG
Inverness-shire
PH41 4QB
Andrew Watson Esq John Goodlad Esq
Fife Fishermen’s Association Shetland Fishermen's
59 Abeey Wall Road Association
PITTENWEEM 14 Alexandra Buildings
KYIO 2NE LERWICK
Shetland
ZEl OLL
D Smith Esq Secretaries
Firth of Forth Fishermen’s Scottish Pelagic Fishermen's
Association Association
1 Sealstrand MacKinnons
DALGETY BAY 21 Albert Street
Fife ABERDEEN
KYll 5NG
Roddy McColl Esq Eddie Leedham Esq
Scottish Whitefish Herring Buyers Association
Producers Association 46 Moray Place
c/o Messrs Ian Smith & Co EDINBURGH
Solicitors EH2 6BQ
20 Queens Road
ABERDEEN
Hamish Gordon Esq Ron Gilland Esq
Aberdeen Fish Producers North East of Scotland Fish
Organisation Ltd Fish Producers Organisation
5 Albert Quay 8 Bridge Street
ABl 2QA PETERHEAD
AB4 7AU
Jim Fyall Esq A Coghill Esq
Fife Fish Producer’s Orkney Fisheries Association
Organisation Ltd County Buildings
10 Midshore 8 Broad Street
PITTENWEEM KIRKWALL
Fife Orkney
KYIO 2NL
D Macinness Esq Highlands and Islands
Western Isles Fishermen’s Association Enterprise
42-46 Point Street Bridge House
STORNOWAY Bridge Street
Isle of Levds INVERNESS
PA87 2XF IVl IQR
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Iain Macsween Esq J Goodlad Esq
Scottish Fishermen’s Shetland Fish Producer’s
Organisation Organisation
601 Qneensferry Road 14 Alexandra Buildings
EDINBURGH LERWICK
EH4 6EA Shetland
ZEl OLL
A E H Salvesen Esq A C Macleod ESq
Chairman of the Shellfish Ullapool Boat Owner's
Committee of the UK AFFP Association
Dawnfresh Sea Foods Ltd Ced-na-Mara
North Shore Melvaig
WHITEHAVEN GAIRLOCH
Ciimbria Ross-shire
CA28 7XG IV15 9HS
Mrs C Cowie Fishing Boat Builders
Scottish Fish Merchant’s Association
Federation c/o R McColl
South Esplanade West 20 Queen Street
ABERDEEN ABERDEEN
ABl SAB
Scottish Federation of Peterhead Fish Traders
Fishermen’s Co-operatives Association
Unit 14E A Main Esq
Elgin Street Industrial Estate Marine Fisheries
86 Dixon Street South Esplanade West
DUNFERMLINE ABERDEEN
ABl 3AA
Grampian Regional Council Diunfries and Galloway
Woodhill House Regional Council
Westbum Road Council Offices
ABERDEEN DUMFRIES
AB9 2LU DGl 2DD
Shetland Islands Council Highland Regional Council
Town HaU Regional Buildings
LERWICK Glenurquhart Road
INVERNESS
IV3 5NX
Scottish Enterprise Orkney Islands Council
120 Bothwell Street Council Offices
GLASGOW KIRKWALL
G2 7JP
Strathclyde Regional Council Western Islands Isles
Headquarters Council
Strathclyde House County Buildings
20 India Street Sandwich Road
GLASGOW STORNOWAY
G2 4PF
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Highlands and Island Fife Regional Council
Fishermen’s Assocdation Regional Headquarters
(SG) Fife House
6 MacGregor’s Court North Street
DINGWALL GLENROTHES
Ross-shire
Lothian Regional Council Tayside Regional Council
Regional Headquarters Headquarters
George IV Bridge Tayside House
EDINBURGH Crichton Street
EHl lUQ DUNDEE
Borders Regional Council J D Wood (Secretary)
Regional Headquarters Eyemouth and District
NEWTON ST BOSWELLS Fisherman's Association
TD6 OSA The Loaning
19 Gillsland
EYEMOUTH
Convention of Scottish Local Aquatic Unit
Authorities Scottish Natural Heritage
Haymarket Terrace 2 Anderson Place
EDINBURGH EDINBURGH
EH12 EH6 5NP
Chief Executive Patrick Stewart (Secretary)
Scottish Natural Heritage Clyde Fishermans Association
12 Hope Terrace Messrs Stewart, Balfour and
EDINBURGH Sutherland
Solicitors
CAMPBELTOWN
J & W Stuart A W Harkiss
Units 1/3 Unit 5
Inveresk Industrial Estate Whin Park Industrial Estate
MUSSELBURGH PRESTONPANS
Mr David Duthie Mr W Anderson
Duthie Trawlers Bridport Gundry (Scotland)
10 Old Ford Road 3A Albert Quay
ABERDEEN ABERDEEN
Mr R Crawford Mr James McLean
Woodrope Seawire Services Ltd
Froghah Road Ship Chandlers
ABERDEEN 198 Albert Quay
ABERDEEN
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Jackson Trawls Ltd Harvest Trawls
Blackhouse Industrial Estate Bath Street
PETERHEAD PETERHEAD
Falcon Fishing Gear Pisces
8 Bridge Street 12 Vollum Street
PETERHEAD PETERHEAD
Seaway Nets Galley Nets
Old Station Green Hill
Station Brae PETERHEAD
MACDUFF
Scotnet J Sinclair
Unit 10 Station Yard
Kessock Workshops BUCKIE
Kessock Road
FRASERBURGH
T Nets Faithlie Trawls
Steamboat Quay Commercial Street
North Breakwater FRASERBURGH
FRASERBURGH
Catchmore Macduff Ltd A Strachan
Bankhead 58 School Street
MACDUFF FRASERBURGH
A Wallace John Noble
Commercial Road 28 Saltour Place
BUCKIE FRASERBURGH
David John Mackenzie LHD Net Mending
Duffus Street 7A Commercial Road
WICK LERWICK
Shetland
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INSHORE FISHING (SCOTLAND) ACT 1984
PROPOSALS FOR AMENDMENT OF THE EXISTING PROHIBITIONS ON
FISHING IN SCOTTISH INSHORE WATERS
General
1. Since the coming into force of the Inshore Fishing (prohibition of
-Fishing Methods) (Scotland) Order in 1989 The Scottish Office Agriculture
and Fisheries Dej^rtment has been keeping the inshore fisheries regime in
Scotland under constant review. Almost 3 years on from the introduction
of the 1989 Order it is appropriate to consult interested parties on some
possible changes to the inshore regime. These are described below with
some recommendations made - although in some cases these are industry
rather than SOAlFD recommendations.
Six month/all year round ban on mobile gi^r in some Scottigh sea lof*bg
2. The terms of the 1989 Order include a prohibition on the use of
mobile gears during the period 1 October-31 March in the Inner Sound
including Lochs Torridon, Carron, Kishom, Duich, Alsh and Houm;
Little Loch Broom and Gruinard Bay; Enard Bay; Eddrachilis Bay; and
Loch Laxford. In addition in some of these sea lochs there is hti all jrear
round ban on suction dredging (but see paragraphs 8 and 9 below).
However the period when the use of mobile gears is permitted (April to
September) has led to some conflicts between nephrop creel and trawl
fishermen. This has happened even thou^ there is meant to be a
voluntary agreement in operation between the different fHRhprr>mPTi
concerned. As creel fishermen already receive protection for 6 months of
the 37ear it can be argued that there is very probably a case for an all
year round ban.
3. In addition it is felt that on conservation grounds the case for
closi^ the sea lochs in the winter months in order to protect juvenile
herring still stands as they provide a longer term protection to juvenile
herring and in particular will be beneficial in the event of a poorer year
class entry to the stocks. The conservation of the herring nan only be
improved by an all year round closure.
4. On balance therefore SOAFD believe that there is a case for
extending the prohibition on mobile gears in the sea lochs listed in
paragraph 2 to an all year round closure.
Scallop fisheries
5. Certain Scottish industry organisations - in particular the Mallaig
and North West Fishermen’s Association - have been arguing that
restrictions on scallop fishing activity should be introduced. SOAFD baa
not as yet taken a final view on this issue but believe this consultation
exercise should be used to find out what other views there are within the
industry on this question.
6. There has been a significant increase in landiugR in the north east
of Scotland in the first half of 1992 with a reduction in the north west.
While these trends are not in themselves unusual in the scallop fishery
given the practice of fishing grounds until they become uneconomic n-nA
then moving on to other areas (thereby allowing the original areas to
regenerate), the industry has suggested that the following conservation
measures should be introduced (althou^ not all of them could be
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; ; ..
pinrtorpoodsuecdGdareb:y- an Ordar undGr the 1984 Act). Among the restrictions
6.1 seasonal closure of over-fished grounds (in jmrticular the
Minches in summer)
6.2 weekend ban from April to October inclusive;
6.3 non-transferable restrictive hcensing for the scaUop fleet;
6.4 horseix)wer restrictions - fishery limited to vessels below
450 hp;
Some other technical measures suggested are as foUows:-
6.5 a maximum aggregate beam length i3er side of 21* (allowing
8 standard 2*6*’ dredges per side), and no gear in excess of this
may be carried aboEird;
o
6.6 a minimum dredge ring size of 2 /4" inner diameter (3" outer
diameter)
6.7 top cover to have minimum mesh size of 100mm.
Some of these measures were originally mentioned in the Department's
consultation paper ’Scallop Dredging in the 12 mile Inshore Zone’ igRTrciri
last December, The proposals to bavv. French dredges and to introduce
other restrictions are still being considered by Fisheries Departments
As the Department has not formed any firm conclusiona on the proposals
set out above, views on these would he ¥^lcome.
Lobster fishing in Scapa Flow
7. The 1989 Order (Article 8) maintained the 6 month prohibition (April
to September) on fishing for lobsters in the Scapa Flow area. This was
originally put in place at the requcffirt of local fishtng inter^ts who were
concerned to improve lobster stocks in the area, in combination with the
observance of the minimiim landing size. The experience over the last
3 years has shovni that the prohibition has been difficult to enforce in its
present form. Rer>orts have shown that there have been major breach^
of this seasonal ban on lobster fishing. However there is now in place a
voluntary ban on fishing for velvet crabs during the period June to
November in the Scapa Flow area (because of the mortality of crabs in
vivier transport S3rstems and higher discards during the summer months)
It is therefore worth coiisidering whether the lobster ban should be
extended to an overall creel ban (and this would be easier to enforce).
Even though this approach would have an effect on the brown crab
fishery the balance of advantage seems to be on having an overall creel
ban during the period 1 April to 30 September.
Suction dredpnng
8. The 1989 Order introduced prohibitions on suction dredging in the
meoxspteriesnecnesitofivethesaerecaosntraolrsouhnads sthhoewnStchoatttitshherecohaasst.beenThlrietteleyperaresssuroef
for Ihe regime to be reversed. Scientific investigation of the effects of
suction dredging on the environment has not led to any firm conclusions
but it would appear that the recovery of an area from the environmental
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