The Sea Fishing (Recovery Measures) Order 2008

Prior notification requirements and prohibition of certain transhipment

6.—(1) A person in charge of a relevant fishing boat or a Community fishing boat is guilty of an offence if that person fails to comply with a requirement imposed by—

(a) Article 11(1) or (3) of the Cod Regulation (prior notification to competent authority of entry into port or landing location where more than one tonne of cod on board, of transhipping or discharging cod at sea or of landing it in third countries);

(b) Article 8(1) or (3) of the Hake Regulation (prior notification to competent authority of entry into port or landing location where more than two tonnes of northern hake on board, of transhipping or discharging northern hake at sea or of landing it in third countries);

(c) Article 13 of the North Sea Plaice and Sole Regulation (prior notification to competent authority of landing plaice or sole in third countries); or

(d) Article 7 of the Western Channel Sole Regulation (prior notification to competent authority of transhipping sole or landing it in third countries).

(2) A person in charge of a relevant fishing boat or a Community fishing boat is guilty of an offence if that person fails to comply with a prohibition imposed by Article 16 of the North Sea Plaice and Sole Regulation (prohibition of transhipment of sole and plaice).

(3) A person in charge of a relevant fishing boat or a Community fishing boat is guilty of an offence if that person fails to comply with a requirement imposed by a British sea-fishery officer that the discharge of catch referred to in Article 11(2) of the Cod Regulation or Article 8(2) of the Hake Regulation does not commence until authorised by a British sea-fishery officer.

(4) For the purposes of paragraph (1), the competent authority is—

(a) the Welsh Ministers, in relation to ports and landing locations in Wales, and

(b) the Secretary of State for Environment, Food and Rural Affairs in all other cases.