5.—(1) The person in charge of any fishing boat which lands northern hake in Wales in contravention of Article 9 of Regulation 811/04 is guilty of an offence.
(2) If northern hake is first landed from a fishing boat in a port within Wales designated as specified in paragraph (4) and—
(a)the requirement to weigh a representative sample, as specified in Article 12 of Regulation 811/04, applies to that landing, and
(b)paragraph (3) does not apply to the landing,
the controller for the purposes of that Article is a British sea-fishery officer.
(3) If northern hake is landed from a fishing boat in a port within Wales designated as specified in paragraph (4) and—
(a)the requirement to weigh a representative sample, as specified by Article 12 of Regulation 811/04, applies to that landing;
(b)the fishing boat is party to an arrangement, made among fishing boats using the port, with a person or organisation to act as their controller for the purposes of that Article; and
(c)details of the arrangement, and the fishing boats which are party to it, have been notified to the National Assembly for Wales,
the controller for the purposes of that Article is that person or organisation.
(4) For landings in Wales, the ports, and where applicable the landing locations within them listed in the UK licence are designated for the purposes of Article 9 of Regulation 811/04.