Sea Fisheries (Shellfish) Amendment (Scotland) Act 2000

Last updated

Sea Fisheries (Shellfish) Amendment (Scotland) Act 2000
Act of the Scottish Parliament
Coat of Arms of the United Kingdom in Scotland (Variant 1).svg
Long title An Act of the Scottish Parliament to amend section 7(4) of the Sea Fisheries (Shellfish) Act 1967 in respect of rights of several fishery.
Introduced by Tavish Scott
Territorial extent Scotland
Dates
Royal assent 2 November 2000
Commencement 2 January 2001
Other legislation
AmendsSea Fisheries (Shellfish) Act 1967
Status: Current legislation
Text of the Sea Fisheries (Shellfish) Amendment (Scotland) Act 2000 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Sea Fisheries (Shellfish) Amendment (Scotland) Act is an Act of the Scottish Parliament which amends section 7(4) of the Sea Fisheries (Shellfish) Act 1967 in respect of rights of several fishery.

Contents

Background

The original Bill was introduced in the Scottish Parliament on 8 March 2000 by Tavish Scott MSP. The existing Sea Fisheries (Shellfish) Act 1967 required that a shellfish farmer seeking a Several Order to allow them to control an area of seabed on which to farm shellfish frequently encountered opposition from fishermen who fish in the area to be covered by the Order. If the Several Order was issued, all fishing was banned within the area covered, regardless of whether or not the fishing operations damaged the interests of the shellfish farmer. [1]

The amendment to the 1967 Act allows Scottish Ministers making a Several Order to authorise the continuation of specified non-damaging fishing operations within the area covered by the Order. The aim of the Bill was thus to avoid unnecessary and avoidable conflicts of interests between shellfish farmers and fishermen.

Provision

The purpose of the Bill was to permit Scottish Ministers to authorise the use by fishermen of non-damaging types of fishing gear such as creels in areas covered by Several Fisheries Orders. Thus, in section 7 of the Sea Fisheries (Shellfish) Act 1967 (c.83) (protection of fisheries), in subsection (4)(a), after sub-paragraph (ii) there was inserted:

"or

(iii) in the case of several fishery, an implement of a type specified in the order and so used as not to disturb or injure in any manner shellfish of the description in question."

Passage through Parliament

The Sea Fisheries (Shellfish) Amendment (Scotland) Act 2000 asp 12 was passed by the Scottish Parliament on 28 September 2000. The bill was given the Royal Assent on 2 November 2000.

See also

Related Research Articles

<span class="mw-page-title-main">Wildlife and Countryside Act 1981</span> United Kingdom legislation

The Wildlife and Countryside Act 1981 is an Act of Parliament in the United Kingdom implemented to comply with European Council Directive 79/409/EEC on the conservation of wild birds. In short, the act gives protection to native species, controls the release of non-native species, enhances the protection of Sites of Special Scientific Interest and builds upon the rights of way rules in the National Parks and Access to the Countryside Act 1949. The Act is split into 4 parts covering 74 sections; it also includes 17 schedules.

<span class="mw-page-title-main">Common Fisheries Policy</span> EU fisheries policy

The Common Fisheries Policy (CFP) is the fisheries policy of the European Union (EU). It sets quotas for which member states are allowed to catch each type of fish, as well as encouraging the fishing industry by various market interventions. In 2004 it had a budget of €931 million, approximately 0.75% of the EU budget.

<span class="mw-page-title-main">1979 Scottish devolution referendum</span> Post-legislative referendum

A post-legislative referendum was held in Scotland in 1979 to decide whether there was a sufficient support for a Scottish Assembly proposed in the Scotland Act 1978 among the Scottish electorate. This was an act to create a devolved deliberative assembly for Scotland. A majority (51.6%) of voters supported the proposal, but an amendment to the Act stipulated that it would be repealed if less than 40% of the total electorate voted in favour. As there was a turnout of 64% the "Yes" vote represented only 32.9% of the registered electorate, and the act was subsequently repealed.

<span class="mw-page-title-main">Magnuson–Stevens Fishery Conservation and Management Act</span>

The Magnuson–Stevens Fishery Conservation and Management Act (MSFCMA), commonly referred to as the Magnuson–Stevens Act (MSA), is the legislation providing for the management of marine fisheries in U.S. waters. Originally enacted in 1976 to assert control of foreign fisheries that were operating within 200 nautical miles off the U.S. coast, the legislation has since been amended, in 1996 and 2007, to better address the twin problems of overfishing and overcapacity. These ecological and economic problems arose in the domestic fishing industry as it grew to fill the vacuum left by departing foreign fishing fleets.

<span class="mw-page-title-main">Devolved, reserved and excepted matters</span> UK public policy areas

In the United Kingdom, devolved matters are the areas of public policy where the Parliament of the United Kingdom has devolved its legislative power to the national assemblies of Scotland, Wales and Northern Ireland, while reserved matters and excepted matters are the areas where the Parliament retains exclusive power to legislate.

<span class="mw-page-title-main">Fishing industry in Scotland</span> Aquaculture and marine catching in the UK countrt

The fishing industry in Scotland comprises a significant proportion of the United Kingdom fishing industry. A recent inquiry by the Royal Society of Edinburgh found fishing to be of much greater social, economic and cultural importance to Scotland than it is relative to the rest of the UK. Scotland has just 8.4 per cent of the UK population but lands at its ports over 60 per cent of the total catch in the UK.

<span class="mw-page-title-main">Merchant Shipping Act 1995</span> United Kingdom legislation

The Merchant Shipping Act 1995 is an Act of Parliament passed in the United Kingdom in 1995. It consolidated much of the UK's maritime legislation, repealing several Acts in their entirety and provisions in many more, some dating back to the mid-nineteenth century. It appoints several officers of Admiralty Jurisdiction such as the Receiver of Wreck. The Act of 1995 updates the prior Merchant Shipping Act 1894. The lead part on British ships was impacted by the outcome of the Factortame case, as the Merchant Shipping Act 1988 was impugned by the Common Fisheries Policy.

<i>The End of the Line</i> (book) Book by Charles Clover

The End of the Line: How Overfishing Is Changing the World and What We Eat is a book by journalist Charles Clover about overfishing. It was made into a movie released in 2009 and was re-released with updates in 2017.

<span class="mw-page-title-main">Fishing in India</span> Major industry employing 14.5 million people

Fishing in India is a major sector within the economy of India contributing 1.07% of its total GDP. The fishing sector in India supports the livelihood of over 28 million people in the country, especially within the marginalized and vulnerable communities. India is the third largest fish producing country in the world accounting for 7.96% of the global production and second largest producer of fish through aquaculture, after China. The total fish production during the FY 2020-21 is estimated at 14.73 million metric tonnes. According to the National Fisheries Development Board the Fisheries Industry generates an export earnings of Rs 334.41 billion. Centrally sponsored schemes will increase exports by Rs 1 lakh crore in FY25. 65,000 fishermen have been trained under these schemes from 2017 to 2020. Freshwater fishing consists of 55% of total fish production.

Discards are the portion of a catch of fish which is not retained on board during commercial fishing operations and is returned, often dead or dying, to the sea. The practice of discarding is driven by economic and political factors; fish which are discarded are often unmarketable species, individuals which are below minimum landing sizes and catches of species which fishermen are not allowed to land, for instance due to quota restrictions. Discards form part of the bycatch of a fishing operation, although bycatch includes marketable species caught unintentionally. Discarding can be highly variable in time and space as a consequence of changing economic, sociological, environmental and biological factors.

<span class="mw-page-title-main">Sustainable Fisheries Act of 1996</span>

The Sustainable Fisheries Act of 1996 is an amendment to the Magnuson-Stevens Fishery Conservation and Management Act, a law governing the management of marine fisheries in the United States. Another major amendment to this legislation was later made under the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006. The SFA was enacted to amend the outdated MSFCMA of 1976. The amendment included changes to the purpose of the act, definitions, and international affairs, as well as many small changes.

Fisheries Act is a stock short title used for legislation in multiple countries relating to fisheries. The Bill for an Act with this short title will have been known as a Fisheries Bill during its passage through Parliament.

<span class="mw-page-title-main">Marine Protected Areas in Scotland</span>

In Scotland, Marine Protected Areas (MPAs) are areas of sea defined so as to protect to habitats, wildlife, geology, undersea landforms, historic shipwrecks, and to demonstrate sustainable management of the sea. As of December 2020, approximately 37% of Scotland's seas are covered by the Scottish MPA network, which comprises 244 sites in total.

<span class="mw-page-title-main">Fish for finance</span> Brexit negotiations topic

Fish for finance is a possible trade-off that has been considered by both sides in the trade negotiations between the United Kingdom and the European Union (EU) over their future relationship following Brexit in January 2020. The Brexit withdrawal agreement between the two parties called for an agreement on fisheries to be concluded by June 2020, followed by an agreement on financial services at the end of July, deadlines which were both missed. Both were expected to be part of the final EU–UK trade agreement reached by the end of 2020, the end of the Brexit transition period. The final agreement had some broad outlines for a future fishing deal, primarily gradual EU concessions of fishing quota in UK waters, but was largely silent on finance.

<i>Fisheries Act</i> (Canada)

The Fisheries Act is legislation enacted by the Parliament of Canada, governing the powers of government to regulate fisheries and fishing vessels. The act has been undergoing major regulatory revisions in recent years, including those attached to treaty rights of Miꞌkmaq in Atlantic Canada. The Minister designated under the Act is the Ministers of Fisheries, Oceans and the Canadian Coast Guard.

References

  1. Financial Memorandum, Scottish Parliament, 8 March 2000