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The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Scotland) Order 2007

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Articles 2(1) and (5), 11(2) and 12(2)

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

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Column 1Column 2Column 3
Provision of the Council RegulationSubject matterMaximum fine on summary conviction

1.  Article 2.1 subject to the derogation in Article 8.3 of the Council Regulation

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

2.  Articles 11 and 12 as read with–

(a)paragraph 1.2.1 of Annex III

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

(b)paragraph 1.3.1 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 and the management area (in accordance with Annex I) where the catch was taken where landing more than 10 tonnes of herring, mackerel, horse mackerel or combination thereof.£50,000

(c)paragraph 1.4.1 of Annex III

Prohibition on landing until authorised.£50,000

(d)paragraph 1.5.1 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 1.3.1(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

(e)paragraph 1.6 of Annex III

Requirement that when determining weight any deduction made for water must not exceed 2%.£50,000

(f)paragraph 1.9 of Annex III

Requirement to submit documents to a British sea fishery officer.£50,000

(g)paragraph 1.10.1 of Annex III

Requirements to issue weighing slips and to attach such slips to sales notes or take-over declarations when weighing facilities used are publicly operated.£50,000

(h)paragraph 1.10.2 of Annex III

Requirements to keep and record information in a paginated weighing logbook where privately operated weighing facilities are used. Requirement to keep logbook and written declarations for 3 years.£50,000

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