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The Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2006

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Use of regulated gear

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6.—(1) A person in charge of a relevant fishing boat which fishes in contravention of the notification requirement in paragraph 16 of Annex IIa is guilty of an offence.

(2) A person in charge of a relevant fishing boat which carries or uses, whilst present in the cod recovery zone, regulated gear other than the regulated gear notified under a requirement in paragraphs 16 to 18 of Annex IIa is guilty of an offence.

(3) The competent authority for the purpose of paragraph 17.3(b) and 17.4 of Annex IIa is the Scottish Ministers.

(4) Subject to the derogation in paragraph 19.2 of Annex IIa, a relevant fishing boat or a foreign fishing boat within the Scottish zone which is present in the cod recovery zone carrying on board regulated gear falling within one of the groupings of fishing gears specified in paragraph 4 of Annex IIa shall not simultaneously carry on board regulated gear falling within any of the other groupings of fishing gear specified in paragraph 4 of Annex IIa.

(5) A person in charge of a relevant fishing boat or a foreign fishing boat which contravenes the prohibition in paragraph (4) is guilty of an offence.

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