The Loch Ewe, West Ross, Scallops Fishery Order 1994

• Citation: S.I. 1994/1946
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Loch Ewe, West Ross, Scallops Fishery Order 1994 and shall come into force on 17th August 1994.

(2) In this Order–

“the applicant” means the Sea Fish Industry Authority established under the Fisheries Act 1981 and having its head office at 18 Logie Mill, Logie Green Road, Edinburgh, EH7 4HG;

“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 Ewe, West Ross, Scallops Fishery Order 1994”, one such copy of which is deposited in the principal office of the Scottish Office Agriculture and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh and the other such copy of which is deposited in the principal office of the applicant at 18 Logie Mill, Logie Green Road, Edinburgh, EH7 4HG;

“the fishery” means that part of the bed of the sea in Loch Ewe, West Ross, in Highland Region described in the Schedule to this Order and shown coloured pink on the definitive map.

Section 2 Right of several fishery

Subject to the following provisions of this Order 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.

Section 3 Assignation

The applicant shall not without the written consent of the Secretary of State assign the right of several fishery.

Section 4 Marking of limits of fishery

The applicant shall cause to be clearly marked on the bed and on the surface of the sea the limits of the fishery and shall maintain the marks in position and in good repair.

Section 5 Rights of the Crown

(1) Nothing in this order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the applicant to take, use, enter upon, or in any manner interfere with any land, or interest in land, or any rights of whatever description (including any portion of the shore or bed of the sea, or of any river channel, creek, bay or estuary) belonging to Her Majesty in right of her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners.

(2) A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.