The Sea Fishing (Restriction on Days at Sea) (Monitoring, Inspection and Surveillance) Order 2006

Fishing in the first third 2006, notification requirement and adjustment of allocation of days

10.—(1) This article applies where, in the first third 2006, an English fishing boat was—

(a) absent from port and present in the Cod Recovery Zone, Sole Recovery Zone or a combination of both zones; and

(b) carrying regulated gear,

for more than the number of days that would have been allocated in respect of the boat had this Order been in force in respect of that period and had a person in charge notified a four month management period in respect of the first third 2006.

(2) A person in charge of the boat shall notify to the Secretary of State, within 28 days of the date that this Order comes into force, the number of days during which the boat was absent from port and present in the Cod Recovery Zone, Sole Recovery Sole or combination of both zones carrying regulated gear during the first third 2006.

(3) The Secretary of State shall adjust the allocation of days that applies in respect of the boat to reflect those additional days present in the zones during the first third 2006.

(4) The person in charge of the boat is guilty of an offence if there is a failure to comply with paragraph (2).

(5) The obligation to notify information in paragraph (2) constitutes an obligation to serve the required information on the Secretary of State by post.