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The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures and Restriction on Days at Sea) (Scotland) Order 2009

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12.—(1) A person guilty of an offence under article 3(3), 4, 5, 6, 8, or 9(1), (2) or (5), or under any equivalent provision is liable—

(a)on summary conviction, to a fine not exceeding £50,000; and

(b)on conviction on indictment, to a fine.

(2) A person guilty of an offence under article 7(1) or (2), or under any equivalent provision is liable—

(a)on summary conviction, to a fine not exceeding the amount specified in column 3 of Schedule 1 or 2 in relation to the Community quota measure or Community third country fishing measure, the contravention of which, or failure to comply with, founded the offence; and

(b)on conviction on indictment, to a fine.

(3) The court by or before which a person is convicted of an offence under article 7(1) or (2), 8, 9(1), (2) or (5) or under an equivalent provision may order the forfeiture of—

(i)any fish in respect of which the offence was committed; and

(ii)any net or other fishing gear in respect of which the offence was committed, or which was used in committing the offence, or which was used for catching any fish in respect of which the offence was committed.

(4) Any person found guilty of an offence under article 7(1) or (2), 8, 9(1), (2) or (5), or under an equivalent provision, subject to the following provisions of this article, is liable on summary conviction to a fine not exceeding the value of the fish in respect of which the offence was committed.

(5) A person is not liable to a fine under paragraph (4) in respect of such an offence if, under paragraph (3), the court orders the forfeiture of the fish in respect of which that offence was committed; and where a fine is imposed under paragraph (4) in respect of any offence, the court does not have power under paragraph (3) to order the forfeiture of the fish in respect of which the offence was committed.

(6) Subject to paragraph (5), any fine to which a person is liable under paragraph (4) is in addition to any other penalty (whether pecuniary or otherwise) to which that person is liable in respect of that offence under this article or under any other enactment.

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