The Sea Fishing (Recovery Measures) Order 2008

Sampling and weighing regime

8.—(1) A person in charge of any fishing boat is guilty of an offence if that person fails to comply with a requirement imposed by a British sea-fishery officer to weigh fish—

(a) in the presence of a controller, in accordance with—

(i) Article 15(1) of the Cod Regulation (weighing of cod before being transported from port of first landing and weighing of representative samples before cod landed in designated ports offered for first sale and sold);

(ii) Article 12(1) of the Hake Regulation (weighing of northern hake before being transported from port of first landing and weighing of representative samples before northern hake landed in designated ports offered for first sale and sold); or

(iii) Article 9(1) of the Western Channel Sole Regulation (weighing of common sole exceeding 300 kilograms before being transported from port of first landing); or

(b) in accordance with Article 15(1) of the North Sea Plaice and Sole Regulation (weighing of plaice exceeding 500 kilograms or sole exceeding 300 kilograms before being transported from port of first landing and weighing before transportation from port of first landing using scales certified as accurate).

(2) A person in charge of any fishing boat who fails to weigh fish in accordance with Article 12 of the North Sea Plaice and Sole Regulation (weighing of sole exceeding 300 kilograms or plaice exceeding 500 kilograms before sale using scales certified as accurate) is guilty of an offence.

(3) For the purposes of this article—

(a) a British sea-fishery officer is a controller, and

(b) the Secretary of State for Environment, Food and Rural Affairs in relation to England, and the Welsh Ministers in relation to Wales, may authorise any other person to be a controller, and any such authorisation may be restricted to apply only in respect of certain fishing boats or certain ports.