Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART IIIRESTRICTION ON DAYS AT SEA

Absence from port

8.—(1) A person in charge of a relevant fishing boat which—

(a)is absent from port and within the cod recovery zone in excess of the number of days or hours allocated to it by a special fishing permit; or

(b)enters the cod recovery zone carrying on board any specified regulated gear without having a special fishing permit,

is guilty of an offence.

(2) Paragraph (1)(a) does not apply to—

(a)a person in charge of a relevant fishing boat which is permitted by paragraph 11.1 of Annex IIa to transit the cod recovery zone provided that the person complies with the requirements of that paragraph; or

(b)a person in charge of a relevant fishing boat in respect of which paragraph 11.2 of Annex IIa applies, provided that the person complies with the requirements of that paragraph.

(3) Paragraph (1)(b) does not apply to a person in charge of a relevant fishing boat which is permitted by paragraph 11.1 of Annex IIa to transit the cod recovery zone provided that the person complies with the requirements of that paragraph.

(4) In any proceedings for an offence under paragraph (1)(a), it is a defence for a person to show that the number of days or hours of absence from port carrying any type of fishing gear comprising the offence was no greater than the number of days or hours of absence carrying that gear purportedly, but not validly, transferred to the fishing boat used by that person from another relevant fishing boat (“the donor”) and that person did not know, and had no reasonable cause to suspect, that the donor was not entitled to transfer the days or hours.

Use of regulated gear

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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources