The Sea Fishing (Restriction on Days at Sea) Order 2007

Adjustment of the allocation of days

9.—(1) The Secretary of State may adjust the allocation of days that applies in respect of an English fishing boat by adding further days —

(a) in accordance with point 7 or 8 of the Cod Annex or point 6 or 7 of the Sole Annex; or

(b) where days have been allocated to the United Kingdom in accordance with point 10 or 11 of the Cod Annex or point 9 or 10 of the Sole Annex.

(2) Where, in respect of previous management periods established in respect of an English fishing boat, the number of days in any allocation of days calculated in accordance with article 7 would have resulted in fractions of days had paragraph (1)(d) of that article not required the rounding down of fractions, the Secretary of State may add any whole days amounting from the sum of any such fractions.

(3) Where an English fishing boat is absent from port carrying notified gear in the Cod Recovery Zone or the Sole Recovery Zone or a combination of both zones in excess of its allocation of days, the Secretary of State must deduct from any subsequent allocation of days the number of days during which the boat was so absent from port in excess of the relevant allocation.

(4) Where a person in charge of an English fishing boat contravenes article 6(1), the Secretary of State must deduct from any subsequent allocation of days the number of days during which the boat was absent from port carrying regulated gear without having established a management period in respect of that period and that gear.

(5) Any adjustment made under this article takes effect when it is served by post on a person in charge of the fishing boat by the Secretary of State.