Written Question · S2W-02358 · Session 2
What powers exist to control the collection of lugworms for fishing bait from beaches and whether it will use any such powers to regulate t…
The question
To ask the Scottish Executive what powers exist to control the collection of lugworms for fishing bait from beaches and whether it will use any such powers to regulate the commercial collection of live bait from beaches in East Lothian.
The answer
The powers available tocontrol this type of activity would depend on the rationale for wishing tocontrol it. The Scottish Executive has no current plans to regulate the commercialcollection of live bait from beaches in East Lothian.
Where the area of activityis a national/local nature reserve or a marine nature reserve, byelaws can bemade under the National Parks and Access to the Countryside Act 1949 and theWildlife and Countryside Act 1981 respectively. Other relevant byelaw-makingpowers are contained in the Civic Government (Scotland) Act 1982.
Where there is concern aboutdamage or destruction in a Site of Special Scientific Interest, a NatureConservation Order could be made under the Wildlife and Countryside Act 1981.Where the area is a “European site” as defined under the Conservation (NaturalHabitats, and Conservation) Regulations 1994, a Special Nature ConservationOrder may be made.
The power to make byelawscovering “European sites” is also contained in the 1994 regulations. Suchbyelaws would also have the ability to extend to areas surrounding or adjoiningthe site.
Where the area of activityis a national/local nature reserve or a marine nature reserve, byelaws can bemade under the National Parks and Access to the Countryside Act 1949 and theWildlife and Countryside Act 1981 respectively. Other relevant byelaw-makingpowers are contained in the Civic Government (Scotland) Act 1982.
Where there is concern aboutdamage or destruction in a Site of Special Scientific Interest, a NatureConservation Order could be made under the Wildlife and Countryside Act 1981.Where the area is a “European site” as defined under the Conservation (NaturalHabitats, and Conservation) Regulations 1994, a Special Nature ConservationOrder may be made.
The power to make byelawscovering “European sites” is also contained in the 1994 regulations. Suchbyelaws would also have the ability to extend to areas surrounding or adjoiningthe site.
In the Official Report
No contribution in the Official Report cites S2W-02358 by reference.