PART IICOD

Landing of cod at a designated port11

1

A person in charge of a relevant fishing boat which lands cod or a foreign fishing boat which lands cod within Scotland in contravention of Article 12(1) of Regulation 423/2004 as read with paragraph (3) of this article is guilty of an offence.

2

If cod is first landed in a designated port within the United Kingdom an appropriate sample of at least 20% of all landings including 2 tonnes or more of cod shall be weighed in the presence of a British sea-fishery officer prior to being offered for first sale, unless the following requirements are met–

a

the boat is party to an arrangement made among vessels using the ports with a person or organisation to act as its controller for the purposes of Article 15 of Regulation 423/2004; and

b

details of the arrangement, and the vessels which are party to it, have been notified to the Scottish Ministers.

3

A person in charge of a relevant fishing boat or a foreign fishing boat who fails to comply with a requirement to weigh cod imposed in respect of that boat by a British sea-fishery officer or a person or organisation acting as a controller for the purpose of Article 15 of Regulation 423/2004 is guilty of an offence.

4

For landings in the United Kingdom the ports, and where applicable the landing locations within them, designated for the purposes of Article 12(2) of Regulation 423/2004 are the ports specified in the Schedule to this Order.