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Aquaculture and Fisheries (Scotland) Act 2013

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This is the original version (as it was originally enacted).

Enforcement of EU rules

51Modification of the Fisheries Act 1981: enforcement of EU rules

Explanatory NotesShow EN

(1)Section 30 of the Fisheries Act 1981 (enforcement of Community obligations) is amended in accordance with this section.

(2)In subsection (1)—

(a)for paragraph (a) substitute—

“(a)if any fishing boat within the Scottish Zone—

(i)fishes in contravention of any such restriction; or

(ii)fails to comply with any such obligation,

the master, the owner and the charterer (if any) are each guilty of an offence;”,

(b)after paragraph (a) insert—

“(aa)if any Scottish fishing boat outside the Scottish Zone—

(i)fishes in contravention of any such restriction; or

(ii)fails to comply with any such obligation,

the master, the owner and the charterer (if any) are each guilty of an offence;

(ab)if any person in Scotland—

(i)fishes in contravention of any such restriction; or

(ii)fails to comply with any such obligation,

the person is guilty of an offence;”,

(c)in paragraph (b), for “such offences” substitute “offences under paragraph (a), (aa) or (ab) of this subsection”,

(d)in subsection (3), after the definition of “the Ministers” insert—

  • ““Scottish fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging;

  • “Scottish Zone” has the same meaning as in the Scotland Act 1998 (see section 126(1) and (2) of that Act).”.

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