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The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2000 Amendment Regulations 2001

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Amendment of the Order

9.  In article 8 (powers of British sea-fishery officers in relation to fishing boats)–

(a)in paragraph (1), for “to (4)” there is substituted “to (8)”;

(b)after paragraph (4) there is inserted–

(5) Where it appears to a British sea-fishery officer that the satellite tracking device on a Scottish fishing boat or a relevant British fishing boat failed, at a time when the boat was not in port, to operate in accordance with article 3(5) above that officer may, subject to paragraph (7) below, at any time when the boat is in port serve on the master or the owner a notice.

(6) The notice referred to in paragraph (5) above is a notice which–

(a)requires the boat to be detained in port from the time of service of the notice until the expiry of the specified monitoring period; and

(b)requires that during the specified monitoring period the device shall be set (as nearly as its condition allows) so as to transmit the required information to the Fisheries Monitoring Centre of the United Kingdom–

(i)in the case of a device designed to be capable of being polled, at least every two hours; and

(ii)in the case of a device not so designed, at least every hour.

(7) A notice under paragraph (5) above shall not be served later than 30 days after the day on which it appears to the British sea-fishery officer that the satellite tracking device last failed to operate in accordance with article 3(5) above.

(8) In this article–

(a)in paragraphs (5) and (7) above the reference to article 3(5) above includes a provision to the same effect made by an order which applies to England and Wales or to Northern Ireland;

(b)in paragraph (6) above “the specified monitoring period” means a period of 24 hours which is specified in the notice (which period shall not begin later than 9.00 a.m. on the weekday next following the day on which the notice is served);

(c)“weekday” means a day other than a Saturday, Sunday or public holiday..

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