The Sea Fishing (Restriction on Days at Sea) (Scotland) Amendment Order 2004

Explanatory Note

(This note is not part of the Order)

This Order amends the Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2004 (“the principal Order”) to clarify and extend the legal effect of article 6(4) of the principal Order. Paragraph (4) of article 6 (use of regulated gear) of the principal Order is substituted by a new paragraph (4) which provides that any fishing boat which is present in the cod recovery zone carrying on board any regulated gear falling within any one of the groupings of regulated gear specified in paragraph 4 of Annex V to Council Regulation 2287/2003 may not simultaneously carry on board any regulated gear falling within any of the other groupings of regulated gear specified in paragraph 4 of Annex V. This provision enforces paragraph 8 of Annex V of Council Regulation 2287/2003 (article 2(2)). Article 6 of the principal Order makes provision only in relation to the carriage of regulated gear in the cod recovery zone (defined in paragraph 2 of Annex V of Council Regulation 2287/2003).

The Order substitutes article 13 of the Order (maintenance of logbook) with a new article 13 which corrects several minor errors (article 2(3)).

The Order corrects a minor error in article 14 of the principal Order (submission of logbook at designated port) (article 2(4))(a)) and clarifies the definition of “designated port” for the purposes of that article (article 2(4)(b)). The Order corrects other errors in articles 17 (powers of British sea fishery officers in relation to fishing boats), 18 (powers of British sea-fishery officers on land) and 23 of the principal Order (admissibility in evidence of logbooks and other documents) (article 2(5) to (7)).