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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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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.

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