PART 2Remote electronic monitoring for fishing boats deploying scallop dredges

Offences, penalties and jurisdiction12

1

The master, the owner and the charterer (if any) of a relevant scallop boat each commit an offence if any of the requirements of regulations 5(1) to (4) and 7 to 10 are contravened.

2

The owner and the charterer (if any) of a relevant scallop boat each commit an offence if any of the requirements of regulation 5(5) are contravened.

3

If any person contravenes regulation 11, that person, along with the master, the owner and the charterer (if any) each commit an offence.

4

But no offence is committed—

a

in relation to a particular requirement, if the Scottish Ministers serve on the master, the owner or the charterer (if any) of a relevant scallop boat a written notice under this Part exempting, as the case may be, the REM system installed on board that boat, or data recorded by that REM system in relation to a fishing trip, from that requirement,

b

in respect of a fishing trip carried out with the prior written consent of the Scottish Ministers under regulation 8,

c

in relation to any technical failure or non-functioning of an REM system which occurs during a fishing trip in terms of regulation 9(5) (a first breakdown) and is notified to the Scottish Ministers in accordance with regulation 9(6), or

d

in relation to any technical failure or non-functioning of an REM system which occurs during a fishing trip in terms of regulation 9(9) (a second breakdown) where—

i

the technical failure or malfunction is notified to the Scottish Ministers in accordance with regulation 9(10), and

ii

regulation 9(11) is complied with.

5

Section 12 of the Sea Fish (Conservation) Act 1967 (offences by directors, partners, etc)5 applies to offences under this Part as it applies to offences under any provision of sections 1 to 6 of that Act.

6

Section 11 of the Sea Fish (Conservation) Act 1967 (penalties for offences)6 applies to offences under this Part as it applies to offences under section 5(1) of that Act.

7

Proceedings for an offence under this Part may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in Scotland.

8

In this regulation, “a contravention” includes a failure to comply and “contravene” shall be construed accordingly.