1 Short title.S

This Act may be cited as the Sea Fisheries (Scotland) Amendment Act 1885, and shall be read and construed along with [F1the M1Sea Fisheries Act 1968].

2 Application.S

This Act shall apply only to Scotland, and to the [F2Scottish zone; and in this Act, “the Scottish zone” has the same meaning as in the Scotland Act 1998].

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5 Steam trawlers fishing off Scotland to have letters and numbers painted on the quarter. S

Every British sea fishing boat propelled by steam, fishing in [F5the Scottish zone] , shall, in addition to having the number and letters painted on the bow in manner provided by the M2Sea Fisheries Act 1883, have the initial letter or letters of the port to which it belongs, and the registry number in the series of numbers for that port, painted in white oil-colour on a black ground, on the funnel twelve inches from the top, and on the quarter three or four inches below the gunwale, and so as to be clearly visible, of the dimensions prescribed for the letters and numbers on the bow by the regulations in force for the time being for the lettering, numbering, and registering of British sea-fishing boats under the Sea Fisheries Acts or any Act amending the same.

• This section shall be enforced in the same manner as if it were contained in such regulations.

• It shall be the duty of the [F6Scottish Ministers] to enforce the provisions of the Sea Fisheries Acts, and of any Orders in Council following thereon, with respect to the numbering and lettering of fishing boats by directing their officers being sea fishery officers to use the powers in that behalf conferred upon sea fishery officers by the said Acts and Orders in Council.

6 Fishery Board may require statistics of sea fisheries.S

[F7The Scottish Ministers] shall have power to require all fishermen and other persons belonging to British sea-fishing boats, and all fish curers catching or curing any kind of sea fish in Scotland, or in [F8the Scottish zone], to make returns, in such form and at such periods as may be prescribed by . . . F9the [F7Scottish Ministers], of all sea fish which are caught or cured by them respectively.

• The [F7Scottish Ministers], before [F10prescribing] the form or period . . . F9 for any such return, shall communicate with the [F11Minister of Agriculture, Fisheries and Food], and copies of all such returns shall be immediately furnished by the [F7Scottish Ministers] to the [F11Minister of Agriculture, Fisheries and Food].

• Any person failing to make a full and correct return under this section shall be guilty of an offence against the . . . F12, and shall be liable on summary conviction to a fine not exceeding [F13level 2 on the standard scale][F14and sections 12(2) and 14 of the M3Sea Fisheries Act 1968 shall apply to an offence under this section as they apply to an offence under section 5 or 10 of that Act [F15or section 2 of the M4Fishery Limits Act 1976].]

[F166A Vicarious liability of master of boat.S

Where any offence under this Act has been committed by some person belonging to a sea-fishing boat, the master of such boat shall in every case be liable to be deemed guilty of such offence:

7 Sea fishery officer may award compensation under ten pounds.S

Every case under the Sea Fisheries Acts may be prosecuted in any sheriff court which the [F17Scottish Ministers] may declare, by a notice under the hand of [F18a member of the staff of the Scottish Administration][F19duly authorised] to the Procurator Fiscal of such sheriff court, to be the court nearest to the spot where the offence was committed, or otherwise the most convenient for the trial of the case.

8 Compensation for damage caused by offence.S

. . . F26 Where any offence is committed, as set forth in section seven hereof, it shall be competent for the person whose property has been injured to give notice in writing to the person committing such offence, and to the sheriff clerk, that at the trial of said offence the [F27sheriff principal] will be called upon to consider and dispose of the question of damages, and, in such case, the evidence led at said trial shall be evidence for the consideration of the [F27sheriff principal] on the question of damages, and the [F27sheriff principal], at the conclusion of the said trial, shall proceed to consider and dispose of the question of compensation to the injured party, and if a report of a [F28British sea-fishery officer] has been produced, as set forth in section seven hereof, the [F27sheriff principal] shall not allow any additional evidence to be heard unless he shall consider it to be necessary in order to do justice in the case; and, if he shall allow additional evidence, the accused person shall be allowed to be examined as a witness on the question of the amount of damages, and shall, if oral evidence is to be taken on the question of damages, allow the accused person to be examined as a witness on the question of damages, and shall, after hearing parties, give decree as in an ordinary action before the sheriff court.

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10 Powers of sea fishery officers.S

For the purpose of carrying out the provisions of this Act, [F32a British sea-fishery officer may exercise all the powers conferred on him by section 8 of the M9Sea Fisheries Act 1968 for the purpose of enforcing the provisions of an order under section 5 of that Act or of [F33section 2 of the M10Fishery Limits Act 1976] or any order thereunder][F34and section 10 of that Act shall apply for the purposes of this Act as if for any reference to section 8 or 9 of that Act there were substituted a reference to this section].

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