The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Scotland) Order 2005

Articles 2(1) and (4), 6(1) and 7(2)

SCHEDULE 1COMMUNITY QUOTA MEASURES (MAXIMUM FINES ON SUMMARY CONVICTION)

Column 1Column 2Column 3
Provision of the Council RegulationSubject matterMaximum fine on summary conviction

1  Article 8.1, in so far as that paragraph relates to retaining on board or landing

Prohibitions on retaining on board or landing catches from stocks for which total allowable catches or quotas are fixed and have been exhausted.£50,000

2.  Article 8.1, in so far as that paragraph relates to catch composition or sorting

Prohibitions in certain circumstances on retaining on board or landing catches having a certain composition or which have not been sorted.The statutory maximum

3.  Article 8.3

Prohibition on landing catches which are unsorted and contain herring when fishing opportunities of a Member State are exhausted in Sub-areas II(EC waters), III, IV and subdivision VIId.£50,000

4.  Article 9

Prohibition of fishing by Community vessels in certain Norwegian waters.£50,000

5.  Article 10 and Annex II, paragraphs 1 and 2

Prohibition on landing unsorted catches in harbours where adequate sampling systems are not in place.The statutory maximum

6.  Article 11 as read with–

(a)paragraph 5 of Annex III

Prohibition on fishing for cod in the Baltic Sea in the areas defined in paragraph 5 of Annex III.£50,000

(b)paragraph 8 of Annex III and Appendix 3

Requirements as to mesh sizes and by-catches in the Skagerrak and Kattegat.The statutory maximum

(c)paragraph 10 of Annex III

Prohibition on the landing or retention on board of herring caught in Area IIa (EC waters).The statutory maximum

(d)Paragraph 12 of Annex III

Prohibition on fishing activity in certain waters off the West of Scotland until 31st December 2005.£50,000

(e)paragraph 13 of Annex III

Prohibition on landing or retaining on board sandeels caught in certain waters.£50,000

(f)paragraph 14 of Annex III

Prohibition on fishing (except with longlines) in the Haddock Box.£50,000

Articles 2(1) and (5), 6(2) and 7(2)

SCHEDULE 2SPECIFIED COMMUNITY PROVISIONS (MAXIMUM FINES ON SUMMARY CONVICTION)

Column 1Column 2Column 3
Provision of Council Regulation (EC) No. 1434/98Subject matterMaximum fine on summary conviction

1.  Article 2.1(i)

Prohibition on retention on board of herring in certain circumstances.The statutory maximum
Provision of the Council Regulation

2.  Article 11 as read with–

(a)paragraph 9.2 of Annex III

Prohibition on landing more than 10 tonnes of herring, mackerel, horse mackerel or combination thereof other than in a designated port.£50,000

(b)paragraph 9.4 of Annex III

Requirements on the master to notify Fisheries Department 4 hours in advance of entering port, of the port of entry, time of arrival and quantities in kilograms live weight by species retained on board where landing more than 10 tonnes of herring, mackerel, horse mackerel or combination thereof. Prohibition on landing commencing until authorised.£50,000

(c)paragraph 9.5 of Annex III

Requirement to submit relevant page or pages of logbook upon arrival in port.£50,000
Requirement that quantities of fish retained on board (notified in accordance with paragraph 9.4(c) of Annex III) are equal to the quantities of fish recorded in completed logbook, subject to a permitted margin of tolerance of 8%.£50,000

(d)paragraph 9.6 of Annex III

Requirement that when determining weight any deduction made for water must not exceed 2%.£50,000
Requirement that processor or buyer of fresh fish submit to Fisheries Department copy of invoice or VAT receipt on demand or within 48 hours of the completion of weighing.£50,000
Paragraph 11 of Annex IIIProhibition on retention on board of herring in certain circumstances.The statutory maximum

Articles 2(1) and (6), 6(3) and 7(2)

SCHEDULE 3COMMUNITY THIRD COUNTRY FISHING MEASURES (MAXIMUM FINES ON SUMMARY CONVICTION)

Column 1Column 2Column 3
Provision of the Council RegulationSubject matterMaximum fine on summary conviction

1.  Article 14

Requirement in relation to vessels flying the flag of Norway or the Faroe Islands to fish within the geographical zone set out in Article 14(a).£50,000

2.  Article 15

Requirement in relation to vessels flying the flag of Norway or the Faroe Islands to fish within the quota limits contained in Annex I.£50,000

3.  Article 18.1

Requirement in relation to vessels flying the flag of Norway (other than those of less than 200 GT) or the Faroe Islands to hold licence and special fishing permit and observance of conditions thereof.£50,000

4.  Article 23.1

Requirement in relation to vessels flying the flag of Norway or the Faroe Islands to comply with the conservation and control measures and all other provisions governing fishing by Community vessels in the zones concerned, including those measures and provisions referred to in Article 23.£50,000

5.  Article 23.2

Requirement in relation to vessels flying the flag of Norway or the Faroe Islands to keep a logbook in compliance with Annex VII.£50,000

6.  Article 23.3

Requirement in relation to vessels flying the flag of Norway (other than those fishing in ICES Division IIIa) or the Faroe Islands to transmit information in compliance with Annex VIII.The statutory maximum