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

Use of regulated gear

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5.—(1) A person in charge of a relevant fishing boat is guilty of an offence if that boat fishes in the cod recovery zone in contravention of the notification requirement in Article 27(1) of the Control Regulation.

(2) A person in charge of a relevant fishing boat is guilty of an offence if that boat carries on board, whilst within the cod recovery zone, regulated gear other than the regulated gear notified under Article 27(1) of the Control Regulation.

(3) The Scottish Ministers are the competent authority to which prior notification must be made for the purpose of Article 27(1) of the Control Regulation.

(4) A person in charge of a relevant fishing boat is guilty of an offence if that boat carries on board more than one grouping of regulated gear whilst within the cod recovery zone.

(5) Paragraph (4) does not apply to a person in charge of an EU fishing boat which has received prior authorisation to use more than one grouping of regulated gear during a fishing trip within the cod recovery zone under Article 27(2) of the Control Regulation.