The Sea Fishing (Control Procedures for Herring, Mackerel and Horse Mackerel) (Scotland) Amendment Order 2008

Explanatory Note

(This note is not part of the Order)

This Order amends the Sea Fishing (Control Procedures for Herring, Mackerel and Horse Mackerel) (Scotland) Order 2008 (“the principal Order”) which implemented Commission Regulation (EC) No. 1542/2007 (O.J. No. L 337, 21.12.2007, p.56 (“the Commission Regulation”)).

Article 7 of the principal Order made it an offence for the master, owner and charterer (if any) of the boat from which fish is landed to breach provisions of the Commission Regulation listed in the Schedule to the principal Order.

Of the Articles of the Commission Regulation listed in that Schedule, Article 6.2 places obligations on the buyer of the fish; Articles 8, 9.3 and 9.4 and Article 12 (in relation to Articles 9.3 and 11.2) place obligations on the operator of the weighing facilities; Article 12 (in relation to Article 7.3(b)) places obligations on the receiver of the fish; and Article 13 places obligations on the processor, receiver and buyer of the fish.

This Order amends the principal Order to provide that it is an offence for such persons to contravene or fail to comply with the obligations placed on them (article 2(a)).

The Order also amends the Schedule to the Order to make it an offence for the operator of privately operated weighing facilities to fail to comply with the requirements of Article 9.4 of the Commission Regulation which requires the fitting of a counter to record the cumulative total of weight and the recording of information in the weighing logbook required by Article 9.3 of the Regulation (article 2(b)).