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11.—(1) A person in charge of a relevant fishing boat which lands cod or a foreign fishing boat which lands cod within Scotland in contravention of Article 12(1) of Regulation 423/2004 as read with paragraph (3) of this article is guilty of an offence.
(2) If cod is first landed in a designated port within the United Kingdom an appropriate sample of at least 20% of all landings including 2 tonnes or more of cod shall be weighed in the presence of a British sea-fishery officer prior to being offered for first sale, unless the following requirements are met–
(a)the boat is party to an arrangement made among vessels using the ports with a person or organisation to act as its controller for the purposes of Article 15 of Regulation 423/2004; and
(b)details of the arrangement, and the vessels which are party to it, have been notified to the Scottish Ministers.
(3) A person in charge of a relevant fishing boat or a foreign fishing boat who fails to comply with a requirement to weigh cod imposed in respect of that boat by a British sea-fishery officer or a person or organisation acting as a controller for the purpose of Article 15 of Regulation 423/2004 is guilty of an offence.
(4) For landings in the United Kingdom the ports, and where applicable the landing locations within them, designated for the purposes of Article 12(2) of Regulation 423/2004 are the ports specified in the Schedule to this Order.
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