Statutory Instrument 1990 No. 884 (S.117)

The Loch Moidart, North Channel Scallops Fishery Order 1990

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© Crown Copyright 1990

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1990 No. 884 (S.117)

SEA FISHERIES
SHELLFISH

The Loch Moidart, North Channel Scallops Fishery Order 1990

Whereas an application for an order under section 1 of the Sea Fisheries (Shellfish) Act 1967^[1] has been made to the Secretary of State by the Sea Fish Industry Authority;

And whereas the Secretary of State has prepared a draft order and has served a copy of it on the applicant in accordance with paragraph 1 of Schedule 1 to that Act;

And whereas the applicant has caused printed copies of the draft order to be published and circulated and has given notice of the application, in accordance with paragraph 2 of that Schedule;

And whereas no objections have been made with respect to the proposed order and the representations made with respect thereto have been withdrawn;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 1, as read with section 2(1), and section 7(5)(a) of that Act and of all other powers enabling him in that behalf, and with the consent of the Crown Estate Commissioners, hereby makes the following Order:

Title, commencement and interpretation
    1.—(1)  This Order may be cited as the Loch Moidart, North Channel Scallops Fishery Order 1990 and shall come into force on 14th May 1990.

    (2)  In this Order-

"the applicant" means the Sea Fish Industry Authority established under the Fisheries Act 1981^[2] and having their head office at Sea Fisheries House, 10 Young Street, Edinburgh;


"the definitive map" means the map prepared in duplicate, each copy of which is signed by the Secretary of State and marked "Map referred to in the Loch Moidart, North Channel Scallops Fishery Order 1990", one such copy of which is deposited in the principal office of the Department of Agriculture and Fisheries for Scotland at Pentland House, 47 Robb's Loan, Edinburgh and the other such copy of which is deposited in the head office of the applicant at Sea Fisheries House, 10 Young Street, Edinburgh;


"the fishery" means that part of the North Channel of Loch Moidart in Highland Region described in the Schedule to this Order and shown coloured pink on the definitive map.

Right of several fishery
    2.    There is hereby conferred on the applicant for a period of 10 years beginning on the date when this Order comes into force the right of several fishery for scallops with respect to the whole of the area of the fishery.

Marking of limits of fishery
    3.    The applicant shall cause to be clearly marked the limits of the fishery and shall maintain the marks in position and in good repair.

Rights of the Crown
    4.    Nothing in this Order shall, except with the consent in writing of the Crown Estate Commissioners, affect prejudicially any estate, right, power, privilege or exemption of the Crown, and in particular nothing in this Order shall authorise the applicant to take, use, or in any manner interfere with any land or rights, including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary or of any land, hereditament, subjects or rights, of whatever description belonging to Her Majesty in right of the Crown and under the management of the Crown Estate Commissioners.

Sanderson of Bowden

Minister of State, Scottish Office
St. Andrew's House, Edinburgh

4th April 1990

[1] 1967 c. 83; section 1 was amended by the Sea Fisheries Act 1968 (c. 77), section 15(2) and the Fisheries Limits Act 1976 (c. 86), Schedule 2, paragraph 15, and is to be read with the Sea Fisheries Act 1968, section 15(3) to (5); Schedule 1 was amended by the Sea Fisheries Act 1968, section 15(7). Scallops and queens were specified for the purpose of section 1 by the Shellfish (Specification of Molluscs) Regulations 1987 (S.I. 1987/218). back

[2] 1981 c. 29. back

Explanatory Note