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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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Use of regulated gear

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9.—(1) A person in charge of a relevant fishing boat which fishes in contravention of the notification requirement in paragraph 10.1 of Annex IIa is guilty of an offence.

(2) A person in charge of a relevant fishing boat which carries, whilst present in the cod recovery zone, regulated gear other than the regulated gear notified under a requirement in paragraph 10 of Annex IIa is guilty of an offence.

(3) The competent authority to which prior notification must be made, or from which prior authorisation must be sought, for the purposes of paragraph 10 of Annex IIA, is the Scottish Ministers.

(4) Subject to the derogation in paragraph 10.2 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 must not simultaneously carry on board regulated gear falling within any of the other groupings of fishing gear specified in that paragraph.

(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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