Offences
4.—(1) Where there is, in respect of–
(a)any Scottish fishing boat wherever it may be; or
(b)any other fishing boat within the Scottish zone,
a contravention of, or failure to comply with, any Community quota measure, the master, the owner and the charterer (if any) shall each be guilty of an offence.
(2) Where there is, in respect of any fishing boat within the Scottish zone, a contravention of, or failure to comply with, any Community third country fishing measure, the master, the owner and the charterer (if any) shall each be guilty of an offence.
(3) Nothing in this Order shall be taken to constitute it an offence to land from a Scottish fishing boat a catch containing unsorted herring at a harbour outwith Scotland where sampling programmes mentioned in paragraph 2 of Annex IV to the Council Regulation are in place.