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The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2004

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Technical failure or non-functioning of the satellite-tracking device

7.—(1) This article applies to–

(a)a Scottish fishing boat, wherever it may be; and

(b)any other fishing boat which is within the Scottish zone.

(2) In the event of a technical failure or non-functioning of the satellite-tracking device fitted on board a boat to which this article applies the master or owner of that boat or their representative shall communicate the up-to-date current geographical position of that boat to the relevant Fisheries Monitoring Centre specified in article 8(1).

(3) A–

(a)Scottish fishing boat, relevant British fishing boat or Community fishing boat to which this article applies shall communicate the information specified in paragraph (2) by one of the means specified in Article 11(1) of Regulation 2244/2003;

(b)third country fishing boat to which this article applies shall communicate the information specified in paragraph (2) by one of the means specified in Article 23(1) of Regulation 2244/2003.

(4) The information specified in paragraph (2) shall be communicated–

(a)in respect of a Scottish fishing boat or relevant British fishing boat to which this article applies, every four hours from the earliest of the times specified at sub-paragraphs (a), (b) and (c) of paragraph (5);

(b)in respect of a Community fishing boat to which this article applies, every four hours from the earlier of the times specified at sub-paragraphs (a) and (b) of paragraph (5);

(c)in respect of a third country fishing boat to which this article applies, every two hours and each time the fishing boat moves from one ICES division to another.

(5) The times specified for the purposes of sub-paragraphs (a) and (b) of paragraph (4) are–

(a)the time when the technical failure or non-functioning of the satellite-tracking device was detected;

(b)the time when a person specified in paragraph (2) was informed by a Fisheries Monitoring Centre that the satellite monitoring device installed on board appeared to be defective or not to be functioning; and

(c)the time when a person specified in paragraph (2) was notified by the Fisheries Monitoring Centre of the United Kingdom that the required information had not been received for a period of twelve hours or more.

(6) A boat to which paragraph (2) has applied shall not leave a port unless authorised to do so by a British sea-fishery officer.

(7) In this article–

“ICES division” means a statistical sub-area or division of the International Council for the Exploration of the Sea(1);

“technical failure or non-functioning” means that the satellite-tracking device is not operating in accordance with article 6(2).

(1)

Cmnd. 2586.

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