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

Transfer of days

12.—(1) In this article—

(a) “the 1993 Regulations” means the Merchant Shipping (Registration of Ships) Regulations 1993(1);

(b) “British fishing boat” means—

(i) an English fishing boat; or

(ii) a fishing boat registered under the Merchant Shipping Act 1995 as to be treated as belonging to a Scottish, Northern Irish or Welsh port;

(c) “foreign fishing boat” means a fishing boat covered by the Sole Annex or the Cod Annex which is not a British fishing boat.

(2) Unused days within an allocation of days established in accordance with this Order may be transferred from an allocation relating to one English fishing boat (“the donor”) to an allocation relating to another British fishing boat (“the recipient”) in the circumstances permitted by, and subject to the conditions in point 14 of the Cod Annex and point 12 of the Sole Annex.

(3) A transfer under paragraph (2) is only effective if a written notification of transfer containing the following particulars, signed by the donor’s owner, is sent to the Secretary of State before the end of the management period in relation to which the transfer is to take effect—

(a) in relation to the donor and recipient—

(i) the registered name within the meaning of regulation 30 of the 1993 Regulations; and

(ii) the port number and official number within the meaning of regulation 31 of the 1993 Regulations;

(b) the calendar months in the management period and the notified gear to which the transfer relates;

(c) the number of days transferred to each recipient;

(d) a declaration to the effect that the donor is entitled to make the transfer; and

(e) the date of signature.

(4) On written application from a person in charge of an English fishing boat, the Secretary of State may transfer unused days that apply in respect of that boat to a foreign fishing boat subject to the conditions in point 15 of the Cod Annex or point 13 of the Sole Annex and any such transfer takes effect when notice of it is served by post on the person in charge of the fishing boat by the Secretary of State.

(1)

S.I 1993/3138.