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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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Articles 2(1) and (4), 7(1) and (2) and 12(2)

SCHEDULE 1COMMUNITY QUOTA MEASURES (MAXIMUM FINES ON SUMMARY CONVICTION)

Column 1

Provision of the Council Regulation

Column 2

Subject matter

Column 3

Maximum fine on summary conviction

1.  Article 6Prohibition on fishing for, retaining on board, transhipping or landing basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias).£50,000
2.  Article 9.1Restriction on retaining on board or landing catches from stocks for which total allowable catches or quotas are established and have been exhausted.£50,000
3.  Article 9.2Circumstances required for fish to be retained on board and landed where a Member State has no quota or quota is exhausted.The statutory maximum
4.  Article 10.2Prohibition on landing catches which are unsorted and contain herring when catch limitations of a Member State are exhausted in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa.£50,000
5.  Article 11Prohibition on fishing by Community vessels in certain Norwegian waters.£50,000
6.  Articles 13 and 19 as read with—
(a)paragraph 1 of Annex IIIProhibition on the landing or retention on board of herring caught in EC waters of ICES zone IIa in the periods of 1st January to 28th February and 16th May to 31st November.The statutory maximum
(b)paragraph 2 of Annex III and Appendix 1 to that AnnexRequirements as to mesh sizes, target species and catch percentages in the Skagerrak and Kattegat.The statutory maximum
(c)paragraph 4 of Annex IIIProhibition on landing or retaining on board sandeels caught in certain waters within ICES zone IV.£50,000
(d)paragraph 5 of Annex IIIProhibition on fishing (except with longlines) in the Rockall Haddock Box in ICES zone VI.£50,000
(e)paragraph 6.1 of Annex III, as read with paragraphs 6.3 and 6.4 of that AnnexProhibition on fishing activity in certain waters off the West of Scotland within ICES zone VIa until 31st December 2009.£50,000
(f)paragraph 9.3 of Annex III as read with paragraph 9.4 of that AnnexProhibition on the use of gillnets, entangling nets and trammel nets in certain waters where the charted depth is greater than 200 metres.£50,000
(g)paragraph 9.5 of Annex IIIRequirement that only one type of gear described in paragraph 9.4(a) and (b) of Annex III are carried aboard a vessel at any one time.£50,000
(h)paragraph 9.6 of Annex IIIRequirement to hold a special fixed net fishing permit when deploying gillnets or entangling nets in certain waters where charted depth is greater than 200 metres.£50,000
(i)paragraph 9.7 and 9.9 of Annex IIIRequirements to record information in a logbook if fixed net permit is held.£50,000
(j)paragraph 15 of Annex IIIProhibition on bottom trawling and fishing with static gear in certain waters and conditions on pelagic vessels fishing in certain waters.£50,000
(k)paragraph 16 of Annex IIIRequired minimum size for short‑necked clam (Ruditapes philippinarum).£50,000
(l)paragraph 20 of Annex IIIProhibitions relating to octopus (Octopus vulgaris) weighing under 450 grammes (gutted) caught in certain waters.The statutory maximum

Articles 2(1) and (4), 7(2) and 12(2)

SCHEDULE 2COMMUNITY THIRD COUNTRY FISHING MEASURES (MAXIMUM FINES ON SUMMARY CONVICTION)

Column 1

Provision of the Council Regulation

Column 2

Subject matter

Column 3

Maximum fine on summary conviction

1.  Article 15Prohibition on fishing for, retaining on board, transhipping or landing basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias).£50,000
2.  Article 16Requirement in relation to vessels flying the flag of Norway or registered in the Faroe Islands to fish within the geographical zone set out in Article 16(1).£50,000
3.  Article 17Requirements regarding stowing of nets when transiting through Community waters.£50,000
4.  Article 18Requirement to fish within the quota limits contained in Annex I.£50,000
5.  Article 22.2 as read with Article 22.1 and Article 18 of Regulation 1006/2008Requirement on vessels (other than vessels registered in the Faroe Islands or Norway) to keep on board the fishing authorisation which is required by fishing vessels other than vessels of less than 200GT flying the flag of Norway.£50,000
6.  Article 26.1Requirement to keep a logbook in compliance with Part I of Annex V.£50,000
7.  Article 26.2, as read with Article 26.3 and Article 23 of Regulation 1006/2008Requirement (except for vessels flying the flag of Norway fishing in ICES Division IIIa) to transmit information in compliance with Annex VI.The statutory maximum
8.  Paragraph 7(a) of Annex VIRequirement as regards vessels with catch on board to obtain authorisation before commencing fishing for blue whiting.£50,000
9.  Paragraph 7(c) of Annex VIRequirements as regards vessels fishing for blue whiting leaving Community waters.£50,000

Article 11(3)

SCHEDULE 3DESIGNATED PORTS

Port

Location within port (where applicable)

ENGLAND AND WALES

North Shields
WhitbyFish quay
ScarboroughWest Pier
Humberside (Hull and Grimsby)Hull – North side of Albert Dock & William Wright Dock Grimsby – Fish Dock, Market Quay
LowestoftWaveney Dock
ShorehamWithin the confines of the harbour
PlymouthSutton Harbour, New Fish Market
Brixham
Newlyn
Milford Haven
HolyheadFish Dock
WhitehavenNorth Harbour on the Old North Wall Quay next to the Ice Plant and on the North Wall Quay next to the Fish Handling Facility building
FleetwoodWyre Fish Dock

SCOTLAND

Eyemouth
Pittenweem
AberdeenPalmerston Quay & Commercial Quay
PeterheadPeterhead Harbour excluding Peterhead Bay Harbour
Fraserburgh
Buckie
LerwickAll piers, quays and docks within harbour limits excluding those in Dales Voe
Scalloway
Kirkwall
Scrabster
KinlochbervieAll quays lying to the North of the ice factory quay
Lochinver
Ullapool
Stornoway
Portree
Mallaig
Oban
Campbeltown
Troon
Cullivoe

NORTHERN IRELAND

Ardglass
Portavogie
Kilkeel
Bangor

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