The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures and Restriction on Days at Sea) (Scotland) Order 2008

PART II ENFORCEMENT OF COMMUNITY QUOTA AND THIRD COUNTRY FISHING MEASURES

Landing of unsorted catches

3.—(1) This article applies for the purposes of Article 10.

(2) No catch that includes any unsorted fish may be landed at a harbour unless–

(a) the master of the fishing boat from which the catch is to be landed applies before landing to a British sea fishery officer at the harbour for a decision as to the suitability of the harbour for landing the catch; and

(b) having regard to the overall size and characteristics of the catch, the British sea fishery officer–

(i) decides that the sampling systems at the harbour are adequate for the purposes of monitoring effectively the landing of the catch having regard to the overall size and characteristics of the catch; and

(ii) notifies the master of that decision.

(3) A person in charge of a relevant fishing boat is guilty of an offence if a catch that includes unsorted fish is landed from the fishing boat at a harbour before the master is notified of the decision of a British sea fishery officer at the harbour in question under paragraph (2)(b)(ii).

By catch quota – dog fish and skate

4.  A person in charge of a relevant fishing boat is guilty of an offence if the following species comprise more than the specified percentage by live weight of the catch retained on board in contravention of Annex IA–

(a) in respect of spurfish/dogfish (squalus acanthias), 5%; and

(b) in respect of skate and ray (rajidae), 25%.

By catch quota – red fish and sharks

5.  A person in charge of a relevant fishing boat is guilty of an offence if–

(a) red fish comprise more than 1% by live weight of the catch retained on board in contravention of paragraph 21(e) of Annex III; or

(b) sharks comprise more than 5% by live weight of the catch retained on board in contravention of paragraph 8.11 of Annex III.

Offences

6.—(1) Where there is, in respect of any–

(a) Scottish fishing boat wherever it may be; or

(b) Community fishing boat within the Scottish zone,

a contravention of, or failure to comply with, any Community quota measure, the person in charge of the fishing boat is guilty of an offence.

(2) Where there is, in respect of any third country fishing boat within the Scottish zone, a contravention of, or failure to comply with, the Community quota measures specified at 6.(a) to (l) in Schedule 1 or with any Community third country fishing measure, the person in charge of the fishing boat is guilty of an offence.

(3) Nothing in this Order shall be taken to constitute an offence to land, from a Scottish fishing boat, an unsorted catch at a harbour outwith Scotland where sampling programmes mentioned in Article 10.3 are in place.