Scottish Government marinescotland Riogholtos no h?Albo A gov.scot T1+44i0i131 24g -2018 Bea- FORMAL OFFICIAL BREACH OF SOUTH ARRAN MA CONSERVATION ORDER 2015 Or? 2018, an investigation into a suspected infringement has established that there as been a breach of The South Arran Marine Conservation Order 2015. This is specifically that on P2018 you deployed ?shing gear within the boundary of the South Arran Marine rotected Area (MFA) as defined in Schedule 2 of the South Arran Marine Conservation Order 2015, in breach of Article 4(5) of the aforementioned Order. A summary of the relevant sections of the order are attached as an annex. However for clarity, Article 4(5) of The South Arran Marine Conversation Order States: ?Q?ralzibited and regulated activities 4. (5) A person must not deploy (by any means) or use any passive gear ud??n those parts of the protected area which are described in Schedule 2. In order to comply with the relevant regulatory requirements while fishing in EC waters you must not deploy any fishing gear as defined above within the area as de?ned in schedule 2 of the South Arran Marine Conservation Order 2015. - Aithough there is sufficient evidence to provide a realistic prospect of a conviction, on this occasion the submission of a report to the Procurator Fiscal is not considered to be necessary in the public interest. 301m: nu - i '90 Victoria Quay, Edinburgh EH6 6QQ {2 1} air/(mmonmrzargw ozmx? IV ?rk a: ii: in A record of this incident along with your personal details will be kept on file and should you commit a further analogous offence within a 2 year period from the date of this letter, a reference to this matter will be included in any report submitted to the Procurator Fiscal at that time. Yours sincerely 4% 5" :m-remnm Mom 03539 Victoria Quay, Edipburgb EH6 GQQ Annex The South Arron Marine Conservation Order 2015 (SSE 437(2015)? Interpretation 2. In this Order? "boundary tine" means a boundary deiineated by a line as described in Scheduie 2 or 3; ?co-ordinate? means a co? ordinate of latitude and longitude according to the Worid Geodetic System 1984(3); ?the protected area? means the area described in article 3; and ?South Arron means the area designated as a nature conservation marine protected area by, and described in artiste 3 of, the South Arron Nature Conservation Marine Protected Area Order 20140:). Prohibited and regulated activities 4. (5) A person must not deploy (by any means) or use any passive gear within those parts or? the protected area which are described in Schedule 2. SCHEDULE 2 AREAS WHERE, IN ADDITION TO THE PROHIBITION ON THE DEPLOYMENT OR USE OF ANY FISHING GEAR, THE DEPLOYMENT OR USE OF ANY PASSIVE GEAR IS PROHIBITED For the purposes of articles 2, 4(5) and (6) the parts of the protected area described in this Schedute are enoiosed by the boundary lines which are described betow, in each case by reference to the co-ordinates of the points joined by a line and a topographical description ofthe tine?- PART Boundary Line Set of (re-ordinates of points which the boundary tine joins Topographicai description of boundary fine to Geodesic tine 2. to Mean high water spring tide 3. to Geodesic Iine 4. to Mean high water spring tide 5. to Geodesic line 6. to Mean high water spring tide WherePART 2 Boundary Line Set of coordinates of points which the boundagx tine joins Topographical description of boundary fine 1. to Geodesic Line 2. to Geodesic Line 3. to Geodesic Line 4. to Geodesic Line 5. to AA Geodesic Line 6. AA to AB Geodesic Line 7. A8 to AC Geodesic Line 8. AC to AD Geodesic Line 9. AD to AE Geodesic Line ?tea Victoria Quay, Edrnpurgh EH6 sec at?momma ?We 1:13 Boundary Line Set of oo?oro'fnofes ofpoints which the boundary ?ne joins Topographical deso?pffon of boundary fine 10. AE to AF Geodesic Line ?11, AF to AG Geodesic Line 12. AG to Geodesic Line 13. AH to Geodesic Line 14. to AJ Geodesic Line 15. AJ to Geodesic Line Where?~? PART 3 Soundezy Line Set of coordinates of points which {he boundaor ?ne joins Topographical description of boundary fine AK to AL Geodesic line 2. AL to AM Geodesic line 3. AM to AN Geodesic ?ne 4. AN to A0 Geodesic line 5. A0 to AP Geodesic ?ne 6. AP to AQ Geodesic line 7. AG to AK Mean high water spring tide WherePART 4 Boundary Line Set of loo?ordinates of points which the boundary linejofns Topographicaf description of boundary Me 1. AR to AS Geodesic iine 2. A8 to AT Geodesic line 3. AT to AU Geodesic line 4. AU to AR Geodesic ?ne Victoria Quay, Edinburgh EH6 SQQ 454-5? Rama Where?? i3 IS is and is PARTS Boundan/ Line 831? of oo-ordinafes ofpofnz?s which the boundary Ifnejofns Topographical description of boundary line 1. AV to AW Geodesic fine 2 AW to AX Geodesic Eine 3. AX to AY Geodesic ?ne 4 AY to AV Geodesic line Where-?? is is 005?? is and is Victoria Quay, Edinburgh EH6 6QQ {1129..- 3% - ?3 v- a E: .au?t- It? . ?9 E49 QH-DWSWI . . Scottish Government Rioghottds no h-Albo gov.scot marinescotland +44 (0)131 24- a? .2017 Dear? FORMAL OFFICIAL BREACH OF SOUTH ARRAN MAR SERVATION ORDER 2015 01-2017 an investigation into an apparent infringement has established that there has been a breach of The South Arran Marine Conservation Order 2015. This is specifically that on that day you deployed ?shing gear within the boundary of the South Arran Marine Protected Area (MFA) as defined in Schedule 2 of The South Arran Marine Conservation Order 2015 and are therefore in breach of Article 4(2) of the aforementioned order. For clarity, Article 4(2) of The South Arran Marine Conversation {Order states: ?Prohibited and regulated activities 4. (2) A person must not depioy {by any means) or use any ?shing gear withrn the protected area. (11) In this article?- gear? means any beam trawl?, demersa! seine net, demersat trawf, dredge, any other device used for ?shing purposes, and any rope or wire associated with the gear but excluding? passive gear; a pelagic trawl; a rod and line; and a handline,"? in order to comply with the relevant regulatory requirements while fishing in EC waters you must not deploy any ?shing gear as defined above within the area as de?ned in the South Arran Marine Conservation Order 2015. You can view a copy of the Order here: Victoria Quay, Edinburgh EH6 SQQ mum muons ?o?eta?f" You have, on two previous occasions, been offered Fixed Penalty Notices to address similar suspected infringements and i aiso refer to your telephone conversation with my colleague on 017. In our View your current fishing methods must be to prevent you committing further incursions. If your current plotting equipment is not accurately reflecting either your position or that of the boundaries of and within the MPA and you are relying on this equipment to identify where you ?sh then you may wish to keep this in mind to avoid further infringements. it would also seem sensible to familiarise yourself fully with its use. I wouid aiso remind you, as discussed with that any further suspected infringements will be considered in the conte of this warning letter and the previous infringements. Although there is sufficient evidence to provide a realistic prospect of a conviction on this occasion the submission of a report to the Procurator Fiscal is not considered to be necessary in the public interest. However, would encourage you to note the contents of this letter and take any necessary action to avoid future infringements. A record of this incident along with your personal details will be kept on ?le and should you commit a further analogous offence within a 2 year period from the date of this letter, a reference to this matter will be included in any report submitted to the Procurator Fiscal at that time. Yours sincerely 4?5; muster: mm: ?one" Victoria Quay, Edinburgh EH6 GQQ