The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2000

Offences

4.—(1) Where there is a contravention of, or failure to comply with—

(a) any provision of article 3 of this Order, or

(b) in respect of any fishing boat to which article 3 of this Order applies, article 6.1 or 6.2 of Regulation 1489/97,

the owner, the charterer (if any) and the master shall be guilty of an offence.

(2) It is a defence in proceedings for a contravention of, or failure to comply with, article 3(3)(b) of (4) for the owner, the charterer (if any) or the master of the boat to prove that he has complied with article 6.1 and 6.2 of Regulation 1489/97.

(3) Any person who in any way—

(a) changes, substitutes or replicates the identification of a satellite tracking device installed on a relevant British fishing boat; or

(b) removes the satellite tracking device from such a fishing boat;

without prior notification thereof to the Minister of Agriculture, Fisheries and Food or the Secretary of State for Northern Ireland shall be guilty of an offence.

(4) In relation to any fishing boat to which article 3 of this Order applies, any person who in any way—

(a) delays or otherwise interferes with the transmission of required information by a satellite tracking device;

(b) interferes with the ability of the satellite tracking device to be polled; or

(c) knowingly transmits or furnishes false required information,

shall be guilty of an offence.

(5) Paragraphs (3) and (4) do not apply to Wales or the territorial sea adjacent to Wales.