Statutory Instruments
1997 No. 2711 (S.171)

SEA FISHERIES
SHELLFISH
The Camus an Lighe, Loch Ceann Traigh, Argyll, Oysters and Scallops Several Fishery Order 1997

Made
4th November 1997

Laid before Parliament
14th November 1997

Coming into force
5th December 1997

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, the appropriate Minister(2), by John Timothy MacMillan;
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 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 or representations have been made to the Secretary of State with respect to the proposed order;

Now, therefore, the Secretary of State in exercise of the powers conferred on him by section 1 of, as read with Schedule 1 to, 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:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Camus an Lighe, Loch Ceann Traigh, Argyll, Oysters and Scallops Several Fishery Order 1997 and shall come into force on 5th December 1997.

(2) In this Order–

“the applicant” means John Timothy MacMillan, residing at Rowanmere, Acharacle, Argyll PH36 4JU;

“the grantee” means the applicant and such other person as is for the time being entitled to the right of several fishery conferred by this Order;

“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 Camus an Lighe, Loch Ceann Traigh, Argyll, Oysters and Scallops Several Fishery Order 1997”, one such copy of which is deposited in the principal office of the Scottish Office Agriculture, Environment and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW and the other such copy of which is deposited at the Post Office, Acharacle, Argyll; and

“the fishery” means that part of the bed of the sea at Camus an Lighe, in Loch Ceann Traigh, Argyll, described in the Schedule to this Order and shown coloured pink on the definitive map.

Right of several fishery

2.  Subject to the following provisions of this Order there is hereby conferred on the applicant for a period of 15 years beginning on the date on which this Order comes into force the right of several fishery for oysters and scallops with respect to the whole of the area of the fishery.

Restriction on harvesting

3.  The right of several fishery granted by article 2 above is subject to the restriction that the harvesting of oysters and scallops shall be carried out manually by divers.

Assignation

4.  The grantee shall not without the prior written consent of the Secretary of State assign or in any other way transfer the right of several fishery to any other person.

Marking of limits of fishery

5.  The grantee 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.

Restriction on deposits

6.  The grantee shall not without the written consent of the Secretary of State deposit within the limits of the fishery any oysters of the species ostrea edulis and shall comply with any condition subject to which the Secretary of State gives his consent to the deposit of any such oysters.

Rights of the Crown

7.—(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, 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.

Sewel
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
4th November 1997

Article 1(2)

SCHEDULEDESCRIPTION OF THE FISHERY

That part of the bed of the sea at Camus an Lighe in Loch Ceann Traigh, Argyll, extending to 6.500 hectares or thereby and bounded as follows: on or towards the north, by a straight line extending in a generally easterly direction from a point at 56°45.323' North latitude and 05°54.813' West longitude to a point at 56°45.332' North latitude and 05°54.565' West longitude; thence, on or towards the east by a straight line extending in a generally southerly direction to a point at 56°45.165' North latitude and 05°54.547' West longitude; thence, on or towards the south and west, by a line extending first in a generally westerly direction and then in a generally northerly direction following the line of mean low water springs to the point of beginning.
Explanatory Note

(This note is not part of the Order)
This Order confers on John Timothy MacMillan (“the applicant”) for a period of 15 years the right of several fishery for oysters and scallops in part of Camus an Lighe, Loch Ceann Traigh, Argyll (article 2). The part of Loch Ceann Traigh to which the Order applies is described in Schedule 1. The location of the area is also shown on the definitive map (article 1(2)). A copy of the definitive map is held by the Scottish Office Agriculture, Environment and Fisheries Department, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW and by the Post Office, Acharacle, Argyll. A representation of the definitive map is appended to this Note.
The Order requires the harvesting of oysters and scallops under the right of several fishery to be carried out manually by divers (article 3).
The Order prohibits the assignation or other transfer of the right of several fishery without the prior written consent of the Secretary of State (article 4).
The Order requires the limits of the area to be clearly marked and maintained on the bed and surface of the sea (article 5).
The depositing of oysters within the area is subject to the consent of the Secretary of State (article 6).
The Order provides that its effect will not prejudicially affect the rights of the Crown except with the Crown’s consent (article 7).
By virtue of section 2 of the Sea Fisheries (Shellfish) Act 1967 this Order confers on the applicant the exclusive right to deposit, propagate, fish for and take oysters and scallops within the area described.


(1)
1967 c. 83; section 1 was amended by the Sea Fisheries Act 1968 (c. 77), section 15(2), the Fisheries Limits Act 1976 (c. 86), Schedule 2, paragraph 15, the Sea Fisheries (Shellfish) (Amendment) Act 1997 (c. 3) 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).

(2)
The “appropriate Minister” is defined in section 22(1) of the Sea Fisheries (Shellfish) Act 1967.