The Sea Fishing (Restriction on Days at Sea) Order 2005

Transfer of days from one boat to another

6.—(1) Unused days may be transferred from one British fishing boat (“donor”) to another British fishing boat (“recipient”) in accordance with point 10 of Annex IVa.

(2) A transfer under paragraph (1) is only effective if, where the donor is an English fishing boat, a written notification of transfer, signed by the donor’s owner (or, as the case may be, each part owner), is sent to the Secretary of State for Environment, Food and Rural Affairs before the end of the management period in relation to which the transfer is to take effect, and contains all the following particulars:

(a) the name and PLN and RSS number of the donor;

(b) the management period and any grouping of regulated gear to which the transfer relates;

(c) the name and PLN and RSS number of each recipient;

(d) the number of days transferred to each recipient;

(e) a declaration to the effect that the donor is entitled to make the transfer; and

(f) the date of signature.

(3) A person who makes a false declaration in a notification under paragraph (2) is guilty of an offence.

(4) For the purpose of this article—

(a) “name” in relation to a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995, means its registered name as referred to in regulation 30 of the Merchant Shipping (Registration of Ships) Regulations 1993 (1); and

(b) the requirement for a notification to contain PLN and RSS numbers applies only in relation to a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995, and those numbers are respectively its port number and its official number within the meaning of regulation 31 of the Merchant Shipping (Registration of Ships) Regulations 1993.

(1)

S.I. 1993/ 3138; the relevant amending instrument is S.I. 1999/3206.