The Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2008

Publication Date:January 01, 2008
 
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2008No. 101

SEA FISHERIES

The Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2008

6thMarch2008

7thMarch2008

1stApril2008

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 25(2)(b), 26(5), 27(1) and (3), 29(2)(b) and 43(1)(b) of the Aquaculture and Fisheries (Scotland) Act 2007 1 and all other powers enabling them to do so.

Citation, commencement and interpretation

1.-

(1) This Order may be cited as the Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2008 and comes into force on 1st April 2008.

(2) In this Order "the Act" means the Aquaculture and Fisheries (Scotland) Act 2007.

Specification of relevant offences

2.A relevant offence for the purposes of section 25(1) of the Act 2 is specified as-

(a) an offence under or by virtue of an enactment listed in Part 1 of Schedule 1 to this Order; and(b) an offence under or by virtue of an enactment listed in Part 2 of Schedule 1 to this Order, proceedings in respect of which may be taken in Scotland by virtue of section 30(2A) of the Fisheries Act 1981 3.

Specification of shorter period for paying fixed penalty notice

3.The period specified for the purposes of section 26(4) of the Act is 7 days in relation to a person to whom a notice 4 is issued who is domiciled or resident outside the United Kingdom.

Scale of fixed penalty

4.The scale of fixed penalties for the purposes of sections 25 to 31 of the Act is as prescribed in Schedule 2.

Address at which and method by which fixed penalty is payable

5.-

(1) The address specified for the purposes of section 27(3) of the Act is Scottish Government, Banking Section, Financial Management Branch, Mail Point 8, Area 3-A South, Victoria Quay, Edinburgh EH6 6QQ.

(2) The methods of payment specified for the purposes of section 27(3) of the Act are payment by-

(a) cheque;(b) transfer using the Bankers Automated Clearing Service; and(c) debit card.

Person to whom and address to which intimation of non payment of fixed penalty to be sent

6.The person and address specified for the purposes of section 29(2)(b) of the Act is Head of Prosecutions and Enforcement Policy, SFPA, Room 527, Pentland House, 47 Robbs's Loan, Edinburgh, EH14 1TY.

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew's House, Edinburgh

6th March 2008

SCHEDULE 1

Article 2

Relevant offences for the purposes of section 25(1) of the Aquaculture and Fisheries (Scotland) Act 2007

PART 1

Enactments under or by virtue of which relevant offences are created

Enactment

Offence provision

Sea Fish (Conservation) Act 1967 5

Sections 4(6), 4(7A), 4A(6), 4A(7), 4A(8)

Sea Fish (Shellfish) Act 1967 6

Section 17(1)

Fishery Limits Act 1976 7

Section 2(5)

Fisheries Act 1981 8

Section 30(1)(a)

Inshore Fishing (Scotland) Act 1984 9

Section 4

The Foreign Fishing Boats (Stowage of Gear) Order 1970 10

Article 3 as read with section 5(4) of the Sea Fisheries Act 1968 11

Salmon and Migratory Trout (Prohibition of Fishing) (No. 2) (Scotland) Order 1972 12

Article 3 as read with section 5(7) of the Sea Fish (Conservation) Act 1967

Salmon and Migratory Trout (Restrictions on Landing) Order 1972 13

Article 3 as read with section 6(5) of the Sea Fish (Conservation) Act 1967

The Molluscan Shellfish (Control of Deposit) Order 1974 14

Article 5 as read with section 14(2) of the Sea Fisheries (Shellfish) Act 1967

Lobsters (Control of Deposit) Order 1981 15

Article 6 as read with section 14(2) of the Sea Fisheries (Shellfish) Act 1967

Lobsters (Control of Importation) Order 1981 16

Article 5 as read with section 14(2) of the Sea Fisheries (Shellfish) Act 1967

Receiving of Trans-shipped Sea Fish (Licensing) Order 1982 17

Article 3 as read with section 4A(3) of the Sea Fish (Conservation) Act 1967

Sea Fishing (Enforcement of Community Licensing Measures) (North of Scotland Box) Order 1984 18

Article 3

Undersized Scallops (West Coast) Order 1984 19

Article 2 as read with section 1(7) of the Sea Fish (Conservation) Act 1967

Scallops (Irish Sea) (Prohibition of Fishing) Order 1984 20

Article 2 as read with section 5(7) of the Sea Fish (Conservation) Act 1967

Inshore Fishing (Salmon and Migratory Trout) (Prohibition of Gill Nets) (Scotland) Order 1986 21

Article 3 as read with section 4 of the Inshore Fishing (Scotland) Act 1984

Undersized Velvet Crabs Order 1989 22

Articles 2(1) and 3(1) as read with section 1(7) of the Sea Fish (Conservation) Act 1967 and article 4 as read with section 1(8) of that Act

Sandeels Licensing Order 1989 23

Article 2 as read with section 4(3) of the Sea Fish (Conservation) Act 1967

Undersized Bass Order 1989 24

Article 3 as read with section 1(7) of the Sea Fish (Conservation) Act 1967

Sea Fish (Specified Manx Waters) Licensing Order 1990 25

Article 3 as read with section 4(3) of the Sea Fish (Conservation) Act 1967

Sea Fishing (Specified Western Waters) (Restrictions on Landing) Order 1990 26

Article 3 as read with section 6(5) of the Sea Fish (Conservation) Act 1967

Sea Fish Licensing Order 1992 27

Article 3 as read with section 4(3) of the Sea Fish (Conservation) Act 1967

Fishing Boats (Marking and Documentation) (Enforcement) Order 1993 28

Article 3

Inshore Fishing (Monofilament Gill Nets) (Scotland) Order 1996 29

Articles 2 and 3(1) as read with section 4(1) and (1A) of the Inshore Fishing (Scotland) Act 1984

Food Protection (Emergency Prohibitions) (Dounreay Nuclear Establishment) Order 1997 30

Articles 4, 5 and 6 as read with section 1(6) of the Food and Environment Protection Act 1985 31

The Lobsters and Crawfish (Prohibition of Fishing and Landing) (Scotland) Order 1999 32

Article 3 as read with section 5(7) of the Sea Fish (Conservation) Act 1967 and Article 4 as read with section 6(5) of that Act

Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000 33

Article 3

Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Order 2000 34

Article 3

Undersized Lobsters (Scotland) Order 2000 35

Articles 3 and 4 as read with section 1(7) of the Sea Fish (Conservation) Act 1967 and article 5 as read with section 1(8) of that Act

Undersized Spider Crabs (Scotland) Order 2000 36

Article 3 as read with section 1(7) of the Sea Fish (Conservation) Act 1967

Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000 37

Articles 4, 5 and 5A as read with section 3(5) of the Sea Fish (Conservation) Act 1967

Undersized Edible Crabs (Scotland) Order 2000 38

Article 3 as read with section 1(7) of the Sea Fish (Conservation) Act 1967

Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Order 2000 39

Article 3 as read with section 5(7) of the Sea Fish (Conservation) Act 1967

Sea Fishing (North-East Atlantic Control Measures) Order 2000 40

Article 4

Prohibition of Fishing for Scallops (Scotland) Order 2003 41

Articles 3, 4 and 5 as read with sections 6 and 7 of the Sea Fish (Conservation) Act 1967

Shrimp Fishing Nets (Scotland) Order 2004 42

Article 3 as read with section 3(5) of the Sea Fish (Conservation) Act 1967

Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2004 43

Articles 3, 5, 6, 7, 9 and 10 as read with sections 4(1) and 4(1A) of the Inshore Fishing (Scotland) Act 1984

Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2004 44

Article 9

Sea Fish (Marketing Standards) (Scotland) Regulations 2004 45

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

Registration of Fish Sellers and Buyers and Designation of Auction Sites (Scotland) Regulations 2005 46

Articles 3(7), 4(1), 5(6), 5(7), 6(6), 6(7), 7(7), 7(8), 8(1), 8(2), 9(6), 9(7), 10, 11(1)

Prevention and Monitoring of Cetacean Bycatch (Scotland) Order 2005 47

Articles 3(2), 4

Inshore Fishing (Prohibition of Fishing for Cockles) (Scotland) (No. 5) Order 2006 48

Article 2 as read with sections 4(1) and 4(1A) of the Inshore Fishing (Scotland) Act 1984

Sea Fishing (Marking and Identification of Passive Fishing Gear and Beam Trawls) (Scotland) Order 2006 49

Article 14

Sea Fishing (Northern Hake Stock) (Scotland) Order 2006 50

Articles 3, 4, 5, 6(1), 6(3), 7(1), 7(3), 8

Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 2007 51

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

Inshore Fishing (Prohibited Methods of Fishing) (Loch Creran) Order 2007 52

Articles 3, 4 and 5 as read with section 4(1) and 4(1A) of the Inshore Fishing (Scotland) Act 1984

Inshore Fishing (Prohibited Methods of Fishing (Firth of Lorn) (No. 2) Order 2007 53

Article 3(1) as read with section 4(1) and 4(1A) of the Inshore Fishing (Scotland) Act 1984

Sea Fishing (Control Procedures for Herring, Mackerel and Horse Mackerel) (Scotland) Order 2008 54

Articles 3(5), (6), (7), 4(4), 6(4), 7(4)

PART 2

Enactments under or by virtue of which relevant offences are created, proceedings in respect of which may be taken in Scotland by virtue of section 30(2A) of the Fisheries Act 1981

Enactment

Offence Provision

Sea Fishing (Enforcement of Community Licensing Measures) (North of Scotland Box) Order 1984 55

Article 3

Fishing Boats (Marking and Documentation) (Enforcement) Order 1993 56

Article 3

Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Cod) (Irish Sea) (Wales) Order 2000 57

Article 3

Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000 58

Articles 3(1), 3(2)

Sea Fishing (Enforcement of Community Conservation Measures) (Wales) Order 2000 59

Articles 3(1), 3(2)

Sea Fishing (Enforcement of Community Control Measures) Order 2000 60

Articles 3(1), 3(2)

Sea Fishing (North-East Atlantic Control Measures) Order 2000 61

Article 4

Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2004 62

Articles 5, 6, 7, 8(1), 8(2), 8(4), 9(1), 9(2), 11, 12, 13, 14(1), 14(2)

Incidental Catches of Cetaceans in Fisheries (England) Order 2005 63

Article 4

Sea Fishing (Marking and Identification of Passive Fishing Gear and...

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