The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Scotland) Order 2007

Articles 2(1) and (4), 11(1) and 12(2)

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

Column 1	Column 2	Column 3
Provision of the Council Regulation	Subject matter	Maximum fine on summary conviction
1.  Article 8.1	Prohibitions on retaining on board or landing catches from stocks for which total allowable catches or quotas are established and have been exhausted.	£50,000
2.  Article 8.2	Circumstances required for fish to be retained on board and landed where Member State has no quota or quota is exhausted.	The statutory maximum
3.  Article 8.5	Prohibition on landing catches which are unsorted and contain herring when catch limitations of a Member State are exhausted in ICES Sub areas IIa (EC waters), IV and Subdivisions IIIa and VIId.	£50,000
4.  Article 10	Prohibition on fishing by Community vessels in certain Norwegian waters.	£50,000
5.  Articles 11 and 12 as read with–
(a) paragraph 2 of Annex III	Prohibition on the landing or retention on board of herring caught in zone IIa (EC waters).	The statutory maximum
(b) paragraph 3 of Annex III and Appendix 1 to that Annex	Requirements as to mesh sizes in the Skagerrak and Kattegat.	The statutory maximum
(c) Paragraph 7.1 of Annex III, as read with paragraphs 7.3 and 7.4 of that Annex	Prohibition on fishing activity in certain waters off the West of Scotland until 31st December 2007.	£50,000
(d) paragraph 5 of Annex III	Prohibition on landing or retaining on board sandeels caught in certain waters.	£50,000
(e) paragraph 6 of Annex III	Prohibition on fishing (except with longlines) in the Rockall Haddock Box.	£50,000
(f) paragraph 9.3 of Annex III as read with paragraph 9.4 of Annex III; paragraphs 9.5; 9.6 as read with 9.10; 9.7 and 9.9 all of Annex III	Prohibition on the use of gillnets, entangling nets and trammel nets in certain waters where the charted depth is greater than 200 metres.	£50,000
(g) paragraph 13 of Annex III	Prohibition on bottom trawling and fishing with static gear in certain waters.	£50,000
(h) paragraph 19 of Annex III	Prohibitions relating to octopus (octopus vulgaris) weighing under 450 grammes (gutted) caught in certain waters.	The statutory maximum

Articles 2(1) and (5), 11(2) and 12(2)

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

Column 1	Column 2	Column 3
Provision of the Council Regulation	Subject matter	Maximum fine on summary conviction
1.  Article 2.1 subject to the derogation in Article 8.3 of the Council Regulation	Prohibition on retention on board of herring in certain circumstances.	The statutory maximum
Provision of the Council Regulation
2.  Articles 11 and 12 as read with–
(a) paragraph 1.2.1 of Annex III	Prohibition on landing more than 10 tonnes of herring, mackerel, horse mackerel or combination thereof taken in the specified areas other than in a designated port.	£50,000
(b) paragraph 1.3.1 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 and the management area (in accordance with Annex I) where the catch was taken where landing more than 10 tonnes of herring, mackerel, horse mackerel or combination thereof.	£50,000
(c) paragraph 1.4.1 of Annex III	Prohibition on landing until authorised.	£50,000
(d) paragraph 1.5.1 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 1.3.1(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
(e) paragraph 1.6 of Annex III	Requirement that when determining weight any deduction made for water must not exceed 2%.	£50,000
(f) paragraph 1.9 of Annex III	Requirement to submit documents to a British sea fishery officer.	£50,000
(g) paragraph 1.10.1 of Annex III	Requirements to issue weighing slips and to attach such slips to sales notes or take-over declarations when weighing facilities used are publicly operated.	£50,000
(h) paragraph 1.10.2 of Annex III	Requirements to keep and record information in a paginated weighing logbook where privately operated weighing facilities are used. Requirement to keep logbook and written declarations for 3 years.	£50,000

Articles 2(1) and (6), 11(3) and 12(2)

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

Column 1	Column 2	Column 3
Provision of the Council Regulation	Subject matter	Maximum 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(1).	£50,000
2.  Article 16	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 19.1	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 24.1	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 24.	£50,000
5.  Article 24.2	Requirement in relation to vessels flying the flag of Norway or the Faroe Islands to keep a logbook in compliance with Part I of Annex V.	£50,000
6.  Article 24.3	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 VI.	The statutory maximum
7.  Paragraph 7(a) of Annex VI	Requirement as regards vessels with catch on board to obtain authorisation before commencing fishing for blue whiting.	£50,000
8.  Paragraph 7(c) of Annex VI	Requirements as regards vessels fishing for blue whiting leaving Community waters.	£50,000