§ MR. WEIRbeg to ask the Lord Advocate whether, having regard to the fact that the Atlantic seaboard of the island of Lewis is not included in the North Sea Convention, he will state the reason why the Fishery Board for Scotland fails to make a bye-law to render beam and otter trawling illegal within 13 miles of that part of the Lewis Coast?
§ * THE LORD ADVOCATE (Mr. GRAHAM MURRAY, Buteshire)have already answered this Question to the hon. 1071 Member, but shall repeat my answer. While the Atlantic seaboard of the Island of Lewis is not included in the limits of the North Sea us fixed by the North Sea Convention, 1882, it is not permissible for the Fishery Board for Scotland to make a bye-law rendering beam and otter trawling illegal within, 13 miles from that seaboard, as the 10th Section of the Sea Fisheries Regulation (Scotland) Act, 1895, requires that the sanction of the States Signatories of the Convention be obtained before any bye-law operative within the 13 mile limit can be made on any part of the Scottish coast. The Fishery Board has consequently no power to make the bye-law suggested. On a reference to the 1st Sub-section of the 10th Section, it will be seen that the language employed is as follows: —
The Fishery Board may by bye-law by bye-laws direct that the methods of fishing known as beam trawling or otter trawling shall not be used in any area or areas under the jurisdiction of Her Majesty within 13 miles of the Scottish coast," &c.;while the 3rd Sub-section contains the following enactment, namely: —Provided that no area of sea within the said limit of 13 miles shall be deemed to be under the jurisdiction of Her Majesty for the purpose of this section unless the powers conferred thereby shall have been accepted as binding upon their own subjects with respect to such area by all the States signatories of the North Sea Convention, 1882.