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The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Scotland) Order 2005

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Articles 2(1) and (5), 6(2) and 7(2)

SCHEDULE 2SPECIFIED COMMUNITY PROVISIONS (MAXIMUM FINES ON SUMMARY CONVICTION)

Column 1Column 2Column 3
Provision of Council Regulation (EC) No. 1434/98Subject matterMaximum fine on summary conviction

1.  Article 2.1(i)

Prohibition on retention on board of herring in certain circumstances.The statutory maximum
Provision of the Council Regulation

2.  Article 11 as read with–

(a)paragraph 9.2 of Annex III

Prohibition on landing more than 10 tonnes of herring, mackerel, horse mackerel or combination thereof other than in a designated port.£50,000

(b)paragraph 9.4 of Annex III

Requirements on the master to notify Fisheries Department 4 hours in advance of entering port, of the port of entry, time of arrival and quantities in kilograms live weight by species retained on board where landing more than 10 tonnes of herring, mackerel, horse mackerel or combination thereof. Prohibition on landing commencing until authorised.£50,000

(c)paragraph 9.5 of Annex III

Requirement to submit relevant page or pages of logbook upon arrival in port.£50,000
Requirement that quantities of fish retained on board (notified in accordance with paragraph 9.4(c) of Annex III) are equal to the quantities of fish recorded in completed logbook, subject to a permitted margin of tolerance of 8%.£50,000

(d)paragraph 9.6 of Annex III

Requirement that when determining weight any deduction made for water must not exceed 2%.£50,000
Requirement that processor or buyer of fresh fish submit to Fisheries Department copy of invoice or VAT receipt on demand or within 48 hours of the completion of weighing.£50,000
Paragraph 11 of Annex IIIProhibition on retention on board of herring in certain circumstances.The statutory maximum

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