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Consultation on Proposed Legislation to Improve Regulating Order Enforcement

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Minister for Environment & Rural Development
Ross FinnieMSP

Pentland House
47 Robb's Loan
Edinburgh
EH14 1TY

Telephone: 0845 774 1741
scottish.ministers@scotland.gsi.gov.uk
http://www.scotland.gov.uk

23 October 2006

Dear Colleague

Consultation on Proposed Legislation to Improve Regulating Order Enforcement

Effective local management through Regulating Orders is a means by which we can work towards a sustainable and viable inshore fishing industry. Given this, I am committed to ensuring that such orders are as effective as possible. Recently, I have taken steps using the Police, Public Order and Criminal Justice (Scotland) Act 2006 to enable the Scottish Fisheries Protection Agency ( SFPA) to enforce Regulating Orders to provide for more effective enforcement of Regulating Orders. From 1 September 2006, when the Police, Public Order and Criminal Justice (Scotland) Act came into force either the grantee of a Regulating Order or the SFPA or both can enforce Regulating Orders.

Consideration is now being given to the possibility of making two further improvements to Regulating Order enforcement which it was not possible to do at the same time as the provisions under the Police, Public Order and Criminal Justice (Scotland) Act 2006. This letter seeks your views on these proposed improvements.

The attached consultation paper provides details of the proposals. They are to make it more straightforward for a Regulating Order grantee to revoke a licence and to increase the possible maximum fine which could be imposed in the case of an individual being found guilty of a fisheries offence in a Regulating Order area.

Depending on the responses to this consultation, the intention is to put forward finalised proposals at stage 2 of the Aquaculture and Fisheries Bill which is scheduled for January 2007.

The consultation closes on Friday 29 December 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 and your views will be fully considered in finalising our proposals. I look forward to receiving your response.

image of Ross Finnie MSP signature

Ross Finnie

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Page updated: Friday, October 27, 2006