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The Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000

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Powers of British sea fishery officers to seize fish and fishing gear

8.—(1) Any British sea fishery officer may seize–

(a)in Scotland or in the Scottish zone; or

(b)on a Scottish fishing boat wherever it may be,

any fishery product (including any receptacle which contains such product) and any net or other fishing gear to which this article applies.

(2) This article applies to–

(a)any fishery product (including any receptacle which contains such product) in respect of which the officer has reasonable grounds to suspect that a relevant offence founded on a contravention of, or failure to comply with, Articles 6, 8.1, 9, 11, 12, 13, 17.2 or 19a.2, Articles 19b and 19c or Articles 19e, 20.2, 21.3 or 21c.2 of the Council Regulation has been committed;

(b)any fish caught with a net in respect of which the officer has reasonable grounds to suspect that a relevant offence founded on a contravention of, or failure to comply with, Articles 20.1 or 20a of the Council Regulation has been committed; and

(c)any net or other fishing gear–

(i)in respect of which the officer has reasonable grounds to suspect that a relevant offence founded on a contravention of, or failure to comply with, Articles 20.1 or 20a of the Council Regulation has been committed, or

(ii)which he has reasonable grounds to suspect has been used for catching any fish in respect of which a relevant offence founded on a contravention of, or failure to comply with, Articles 19a.2, 21.3 or 21c.2 of the Council Regulation has been committed.

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