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3.—(1) For the purpose of the prohibition set out in paragraph 2 of Annex III to the Council Regulation, the harbours in Scotland at which a fishing boat may land catches of fish containing unsorted herring are, subject to paragraph (5), those harbours mentioned in paragraph (2).
(2) The harbours referred to in paragraph (1) are Aberdeen and Lerwick.
(3) The master of a fishing boat with a catch of fish containing unsorted herring may, before landing, apply to a British sea fishery officer at any harbour in Scotland, other than a harbour mentioned in paragraph (2), for a decision as to the suitability of the harbour for landing of the catch.
(4) On receipt of an application under paragraph (3), the British sea-fishery officer shall decide whether the sampling systems at the harbour are adequate for the purposes of monitoring effectively the landing of the catch having regard to the overall size and characteristics of the catch and shall notify the decision of that officer to the master.
(5) Where a British sea-fishery officer notifies the master in accordance with paragraph (4) that the systems at a harbour are adequate for the purposes mentioned in that paragraph, the harbours in Scotland at which the catch may be landed shall include that harbour in addition to those mentioned in paragraph (2).
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