The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (England) Order 2004

Articles 2(1), 4(1) and 5

SCHEDULE 1SPECIFIED COMMUNITY PROVISIONS APPLICABLE TO COMMUNITY VESSELS AND MAXIMUM FINES ON SUMMARY CONVICTION

Column 1Column 2Column 3
Provision of the Council RegulationSubject mattermaximum fine on summary conviction

1.  Article 8.1, except in so far as referred to in paragraph 2 of this column

Prohibitions on retaining on board or landing catches from stocks for which total allowable catches or quotas are fixed and have been exhausted.£50,000

2.  Article 8.1, in so far as that point relates to catch composition or sorting

Prohibitions in certain circumstances on retaining on board or landing catches having a certain composition or which have been sorted.The statutory maximum

3.  Article 8.3

Prohibition on landing catches which are unsorted and contain herring when catch limitations set out in Annex II have been exhausted.£50,000

4.  Article 9

Prohibition on fishing by Community vessels in certain waters.£50,000

5.  Article 10 and Annex III, points 2 and 6

Prohibition on landing catches containing unsorted herring in harbours where adequate sampling systems are not in place; prohibition on offering for sale for human consumption landed herring which have been caught in the areas specified in Annex III, point 6, by vessels carrying towed nets of a minimum mesh size less than 32mm.The statutory maximum

6.  Article 11 as read with:

(a)point 5 of Annex IV

Prohibition on all fishing in the Bornholm Deep from 15th May 2004 to 31 August 2004 inclusive.£50,000

(b)point 6 of Annex IV

Requirements as to mesh sizes and by-catches in Skagerrak and Kattegat during 2004.The statutory maximum

(c)point 7 of Annex IV

Prohibition on all fishing, except with longlines, in the Haddock box.£50,000

(d)point 8 of Annex IV

Permitted period of Fishing for herring in Area IIa (EC waters) with towed gear of a mesh size less than 54mm or with purse seines.The statutory maximum

(e)point 10 of Annex IV

Prohibition on landing or retaining on board sandeels caught in certain waters.£50,000

(f)point 13 of Annex IV

Prohibition on fishing for cod in certain West of Scotland waters.£50,000

Articles 2(1),4(1), 4(2) and 5

SCHEDULE 2SPECIFIED COMMUNITY PROVISIONS APPLICABLE TO ALL VESSELS IN RELATION TO CATCHES OF HERRING, MACKEREL AND HORSE MACKEREL OR A COMBINATION OF THE THREE EXCEEDING 10 TONNES AND MAXIMUM FINES ON SUMMARY CONVICTION

Column 1Column 2Column 3
Provision of the Council RegulationSubject matterMaximum fine on summary conviction
Article 11 as read with:

(a)point 12.2 of Annex IV

Prohibitions on landing fish in ports other then those designated.£50,000

(b)point 12.4 of Annex IV

Requirement to give 4 hours prior notification, to the relevant authorities, of landing and catch details.£50,000

(c)point 12.4 of Annex IV

Prohibition on landing until authorised.£50,000

(d)3point 12.5 of Annex IV

Requirement to submit logbook immediately upon arrival to port.£50,000

(e)point 12.5 of Annex IV

Requirement that catch details previously notified and recorded in the logbook shall be equal to that catch on board, subject to a permitted margin of tolerance of 7%.£50,000

(f)point 12.6 of Annex IV

Requirement on buyers of fresh fish to weigh all landings received, any deduction for water not to exceed 2%.£50,000

(g)point 12.6 of Annex IV

Requirement on buyers of fish to submit copies of invoices or VAT receipts on demand or within48 hours of the completion of weighing.£50,000

(h)point 12.7 of Annex IV

Requirement on buyers or holders of frozen fish to weigh all landings.£50,000

(i)point 12.8 of Annex IV

Requirement on all buyers or holders of fish to weigh fish in the presence of a controller.£50,000

Articles 2(1), 4(3) and 5

SCHEDULE 3SPECIFIED COMMUNITY PROVISIONS APPLICABLE TO THIRD COUNTRY VESSELS AND MAXIMUM FINES ON SUMMARY CONVICTION

Column 1Column 2Column 3
Provision of the Council RegulationSubject matterMaximum fine on summary conviction

1.  Article 14

Requirements in relation to vessels flying the flag of Norway or the Faroe Islands to fish within the geographical zone set out in Article 14(a).£50,000

2.  Article 15 and 18 (so far as applicable to vessels described in column 2).

Requirement in relation to vessels flying the flag of Norway or the Faroe Islands to fish within the quota limits contained in Annex I.£50,000

3.  Article 18.1

Requirement in relation to vessels flying the flag of Norway (those vessels of less than 200GT exempted) or the Faroe Islands to hold a valid licence and fishing permit.£50,000

3.  Article 23 (so far as applicable to vessels described in column 2)

Requirement in relation to vessels flying the flag of Norway or the Faroe Islands to comply with the conservation and control measures and other provisions governing fishing by Community vessels in the zones concerned, including those measures and provisions referred to in Article 23.£50,000

4.  Article 23.2 (so far as applicable to vessels described in column 2)

Requirement in relation to vessels flying the flag of Norway or the Faroe Islands to keep a logbook in compliance with Annex VIII, Part 1 to the Council Regulation.£50,000

5.  Article 23.3 (so far as applicable to vessels described in column 2)

Requirement in relation to vessels flying the flag of Norway (other than those fishing in ICES division IIIa) or the Faroe Islands to transmit to the Commission information in compliance with Annex IX to the Council Regulation.The statutory maximum