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2. The Sea Fishing (Control Procedures for Herring, Mackerel and Horse Mackerel) (Scotland) Order 2008(1) is amended as follows–
(a)for article 7 (offences) substitute–
7.—(1) This article applies to any–
(a)Scottish fishing boat wherever it may be; and
(b)Community fishing boat or third country fishing boat within the Scottish zone.
(2) Where there is in respect of any boat mentioned in paragraph (1) a contravention of, or failure to comply with–
(a)specified Community provisions 1(a) to (f) and (j), the master, owner and charterer (if any) shall each be guilty of an offence;
(b)specified Community provision 1(g), the buyer of the fish shall be guilty of an offence;
(c)specified Community provisions 1(h), (i), (k) (in relation to Articles 9.3 and 11.2) and (ia), the operator of the weighing facilities shall be guilty of an offence;
(d)specified Community provision 1(k) (in relation to Article 7.3(b)), the receiver of the fish shall be guilty of an offence; and
(e)specified Community provision 1(l), the processor, receiver and buyer of the fish shall each be guilty of an offence.”; and
(b)at the end of entry 1(i) in the Schedule insert–
(i)in Column 1, “(ia) Article 9.4”;
(ii)in Column 2, “Requirements to fit counter that records the cumulative total of the weight, to record readings of the counter and all use of the system in the weighing logbook required under Article 9.3.”; and
(iii)in Column 3, “£50,000”.
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