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The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Scotland) Order 2004
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- Scottish Statutory Instruments
- 2004 No. 209
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Articles 2(1) and (4) and 5(1)
SCHEDULE 1COMMUNITY QUOTA MEASURES (MAXIMUM FINES ON SUMMARY CONVICTION)
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provision of the Council Regulation | Subject matter | Maximum fine on summary conviction |
1 Article 8.1, in so far as that paragraph relates to retaining on board or landing | Prohibitions on retaining on board or landing catches from stocks for which total allowable catches or quotas are fixed and have been exhausted. | £50,000 |
2. Article 8.1, in so far as that paragraph relates to catch composition or sorting | Prohibitions in certain circumstances on retaining on board or landing catches having a certain composition or which have not been sorted. | The statutory maximum |
3. Article 8.3 | Prohibition on landing catches which are unsorted and contain herring when the catch limitations set out in Annex II have been exhausted. | £50,000 |
4. Article 9 | Prohibition of fishing by Community vessels in certain Norwegian and Icelandic waters. | £50,000 |
5. Article 10 and Annex III, paragraphs 2 and 6 | Prohibition on landing catches containing unsorted herring in harbours where adequate sampling systems are not in place; prohibition on offering for sale for human consumption landed herring caught in the areas specified in Annex III, paragraph 6, by vessels carrying towed nets of a minimum mesh size less than 32mm. | The statutory maximum |
6. Article 11 as read with– | ||
(a)paragraph 5 of Annex IV | Prohibition on fishing in the Bornholm Deep from 26th May to 31st August 2004. | £50,000 |
(b)paragraph 6 of Annex IV | Requirements as to mesh sizes and by-catches in the Skagerrak and Kattegat. | The statutory maximum |
(c)paragraph 7 of Annex IV | Prohibition on fishing (except with longlines) in the Haddock Box. | £50,000 |
(d)paragraph 8 of Annex IV | Permitted period of fishing for herring in Area 11 a (EC Waters) with towed gear of a mesh size less than 54mm or with purse seines. | The statutory maximum |
(e)paragraph 10 of Annex IV | Prohibition on landing or retaining on board sandeels caught in certain waters. | £50,000 |
7. Paragraph 13 of Annex IV | Prohibition on fishing activity in certain West of Scotland waters | £50,000 |
Articles 2(1) and (5) and 5(2)
SCHEDULE 2SPECIFIED COMMUNITY PROVISIONS (MAXIMUM FINES ON SUMMARY CONVICTION)
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provision of the Council Regulation | Subject matter | Maximum fine on summary conviction |
1. Article 11 as read with– | ||
(a)paragraph 12.2 Annex IV | Prohibition on landing more than 10 tonnes of herring, mackerel, horse mackerel or combination thereof other than in a designated port. | £50,000 |
(b)paragraph 12.4 Annex IV | Requirements on the master to notify Fisheries Department 4 hours in advance of entering port, of the port of entry, time of arrival and quantities in kilograms live weight by species retained on board where landing more than 10 tonnes of herring, mackerel, horse mackerel or combination. Prohibition on landing commencing until authorised. | £50,000 |
(c)paragraph 12.5 of Annex IV | Requirement to submit relevant page or pages of logbook upon arrival in port; | £50,000 |
| Requirement that quantities of fish retained on board (notified in accordance with paragraph 12.4(1) of Annex IV) are equal to the quantities of fish recorded in completed logbook; | £50,000 | |
(d)paragraph 12.6 of Annex IV | Requirement that when determining weight any deduction made for water must not exceed 2%; | £50,000 |
| Requirement that processor or buyer of fresh fish submit to Fisheries Department copy of invoice or VAT receipt on demand or within 48 hours of the completion of weighing. | £50,000 |
Articles 2(1) and (6) and 5(3)
SCHEDULE 3COMMUNITY THIRD COUNTRY FISHING MEASURES (MAXIMUM FINES ON SUMMARY CONVICTION)
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provision of the Council Regulation | Subject matter | Maximum fine on summary conviction |
1. Article 14 | Requirement in relation to vessels flying the flag of Norway or the Faroe Islands to fish within the geographical zone set out in Article 14(a). | £50,000 |
2. Article 15 | Requirement in relation to vessels flying the flag of Norway or the Faroe Islands to fish within the quota limits contained in Annex I. | £50,000 |
3. Article 18.1 | Requirement in relation to vessels flying the flag of Norway (other than those of less than 200 GT) or the Faroe Islands to hold licence and special fishing permit and observance of conditions thereof. | £50,000 |
4. Article 23.1 | Requirement in relation to vessels flying the flag of Norway or the Faroe Islands to comply with the conservation and control measures and all other provisions governing fishing by Community vessels in the zones concerned, including those measures and provisions referred to in Article 23. | £50,000 |
5. Article 23.2 | Requirement in relation to vessels flying the flag of Norway or the Faroe Islands to keep a logbook in compliance with Annex VIII. | £50,000 |
6. Article 23.3 | Requirement in relation to vessels flying the flag of Norway (other than those fishing in ICES division IIIa) or the Faroe Islands to transmit information in compliance with Annex IX. | The statutory maximum |
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