Dear Colleague
Consultation on Proposed Legislation Giving Powers to Enforce Regulating Orders
Effective local management through Regulating Orders made under the Sea Fisheries (Shellfish) Act 1967 is one of the ways we can work towards a sustainable and viable fishing industry for future generations and I am committed to ensuring that they are an as fully effective as possible means of managing local shellfisheries. I recognise that existing legislation is not fully effective in ensuring compliance with the provisions of Regulating Orders and, as a result, I welcome the proposals outlined in this consultation paper which aim to improve the enforcement of such orders.
As part of this drive for improved enforcement of Regulating Orders, we indicated in the Partnership Agreement that we would " legislate to permit enforcement of Regulating Orders within the range of activities of the Scottish Fisheries Protection Agency ( SFPA)".
This paper sets out our proposals to provide the necessary enforcement powers through the Police, Public Order and Criminal Justice (Scotland) Bill, to ensure compliance with the provisions of Regulating Orders. In particular, it sets out a number of options to confer further enforcement powers on grantees of Regulating Orders and makes provision to enable the SFPA to apply its existing powers in relation to Regulating Order areas. The intention behind our proposals is that, whilst the onus for ensuring that Regulating Order enforcement arrangements are in place rests with the grantee, the SFPA is able to carry out enforcement should the circumstances require it to do so, subject to a memorandum of understanding between it and the grantee.
This issue has been under discussion with stakeholders for some time. The formal consultation will be open until Wednesday 15 February 2006. It is designed to provoke discussion and, if there is sufficient demand we will hold meetings locally to foster these discussions and to elicit comments. Details on how to submit your comments are set out in the attached consultation paper.
This is your chance to tell us what you think in relation to the enforcement of Regulating Orders and I urge you to share your views with us. Those views will be fully considered in finalising our proposals for making positive changes to the enforcement of Regulating Orders. I look forward to receiving your response and I would like to take this opportunity to thank you for taking part.
Yours sincerely
Ross Finnie