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The Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2010

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6.—(1) A person guilty of a relevant offence is liable—

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

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

(2) Where the court convicts a person of a relevant offence, it may order the forfeiture of—

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

(b)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.

(3) Subject to the following provisions of this article, any person found guilty of a relevant offence, is liable on summary conviction to a fine not exceeding the value of the fish in respect of which the offence was committed.

(4) A person is not liable to a fine under paragraph (3) if, under paragraph (2), the court orders the forfeiture of the fish in respect of which that offence was committed.

(5) The court may not order the forfeiture of any fish under paragraph (2), if a fine is imposed under paragraph (3).

(6) Subject to paragraphs (4) and (5), any fine to which a person is liable under paragraph (3) 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 equivalent provision.

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