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The Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000

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Penalties

4.—(1) A person found guilty of an offence under article 3(1) of this Order, or under any equivalent provision in an order extending to any other part of the United Kingdom, proceedings in respect of which were brought in Wales by virtue of section 30(2A) of the Fisheries Act 1981, shall be liable—

(a)on summary conviction to a fine not exceeding the amount specified in the appropriate entry in column 4 of the Schedule;

(b)on conviction on indictment to a fine.

(2) A person found guilty of an offence under Article 3(1) of this Order, or under any equivalent provision in an order extending to any other part of the United Kingdom proceedings in respect of which were brought in Wales by virtue of section 30(2A) of the Fisheries Act 1981, founded on a contravention of, or failure to comply with—

(a)Articles 19a.2, 20.1, 20a or 21c.2 of Regulation 2847/93 shall also be liable—

(i)to the forfeiture of 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; and

(ii)to the forfeiture of any fish in respect of which the offence was committed, or, on summary conviction only, to a fine not exceeding the value of any fish in respect of which the offence was committed; or

(b)Articles 6, 8.1, 9, 11, 12, 13 or 17.2, Articles 19b and 19c or Articles 19e, 20.2, 28c (in relation to the requirements in respect of logbooks and recording of catches on board) or 28d of Regulation 2847/93 shall also be liable to the forfeiture of any fish in respect of which the offence was committed, or to a fine not exceeding the value of any fish in respect of which the offence was committed.

(3) A person found guilty of an offence under article 3(2) of this Order, or under any equivalent provision extending to any other part of the United Kingdom, proceedings in respect of which were brought in Wales by virtue of section 30(2A) of the Fisheries Act 1981, shall be liable —

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

(b)on conviction on indictment to a fine.

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