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The Sea Fishing (Enforcement of Community Control Measures) Order 1994

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Penalties

4.—(1) A person guilty of an offence under article 3(1) or (2) of this Order founded on a contravention of, or failure to comply with, a Community provision specified in Column 1 of the Schedule hereto, shall be liable—

(a)on summary conviction to a fine not exceeding the amount specified in the appropriate entry in Column 3 of that Schedule;

(b)on conviction on indictment to a fine.

(2) A person guilty of an offence under article 3(1) or (2) of this Order founded on a contravention of, or failure to comply with—

(a)articles 20.1 or 21 of Regulation 2847/93 shall also be liable—

(i)to the forfeiture of any net or other fishing gear in respect of which the offence was committed, or which was used in committing the offence, or which was used for catching any fish in respect of which the offence was committed; and

(ii)to the forfeiture of any fish in respect of which the offence was committed, or, on summary conviction only, to a fine not exceeding the value of any fish in respect of which the offence was committed; or

(b)article 5 of Regulation 2241/87, article 6, 8.1 or 9 to 13 or 17.2 of Regulation 2847/93 shall also be liable to the forfeiture of any fish in respect of which the offence was committed, or to a fine not exceeding the value of any fish in respect of which the offence was committed.

(3) A person guilty of an offence under article 3(3) of this Order shall be liable—

(a)on summary conviction to a fine not exceeding £50,000;

(b)on conviction on indictment to a fine.

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