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Clyde Regulating Order Application

Marine Scotland received an application and an associated economic assessment report from Sustainable Inshore Fisheries Trust (SIFT) on 15 October 2015, for a Regulating Order to manage the fisheries for Nephrops, King scallops and Queen scallops in the Firth of Clyde. 

The Scottish Government has carefully considered the application for a Regulating Order in the Firth of Clyde by the Sustainable Inshore Fisheries Trust (SIFT) and decided that due to a number of factors the application will not be approved.

Commenting on the decision, Rural Economy and Connectivity, Fergus Ewing said:

“After careful consideration, we are not persuaded that it would be appropriate to support the application for a regulating order in the Firth of Clyde.”

“It is our view that there are practical difficulties in managing quota within the scope of an order in the Clyde, as well as issues such as fleet flexibility, which could undermine the quota allocation system.

“We believe that a Regulating Order would also add an additional layer of management and cost to the fishing industry, and are also concerned that this could undermine current initiatives and established structures such as the Inshore Fisheries Group and Marine Planning Partnership.

“There has also been a low level of support from those who would be directly managed by the Regulating Order, raising concerns that this could hinder or prevent its successful operation.

“In addition, the Scottish Government has recently introduced management measures in marine protected areas in the Clyde. These measures include spatial restrictions on certain types of fishing and it is my view that we should allow these measures to bed in and review their impact before introducing any further measures.”

Background

  • Regulating Orders may be made by the Scottish Ministers under the terms of the Sea Fisheries (Shellfish) Act 1967

  • They are made for the establishment or improvement and for the maintenance and regulation of a shellfish fishery

  • A Regulating Order confers on its grantee the right to regulate fishing forenamed species of shellfish in a defined area, for a specified period of time

  • The grantee can issue licences, charge fees or royalties and enforce the observation of the terms of the Order and its associated Management Plan

  • Where the grantee applies a licensing system, only those licensed to fish the specified species in a regulated area may do so. Enforcement of a Regulating Order may be carried out by either the grantee, Marine Scotland Compliance, or both.