Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Scotland) Order 2004 (S.S.I. No. 209 of 2004).

This Order, which forms part of the law of Scotland only, makes provision for the enforcement of certain enforceable Community restrictions and other obligations relating to sea fishing by Community vessels and third country vessels set out in Council Regulation (EC) 2287/2003. The Council Regulation fixes total allowable catches and the quotas of Member States for 2004 and lays down certain conditions under which they may be fished. It also authorises fishing by vessels of Norway and the Faroe Islands for specified descriptions of fish in certain specified areas within the fishery limits of Member States in 2004 and imposes requirements concerning fishing quotas and authorised zones, methods of fishing, the holding of licences and observance of licence conditions, the keeping of logbooks, the making of reports and similar matters. The Order makes provision for the purposes of Article 10 of and Annex III, paragraph 2 to the Council Regulation (prohibition of landing of catches of unsorted herring at harbours where adequate sampling systems are not in place) as to the harbours in Scotland at which such catches may be landed (art. 3). The Order provides that where over 10 tonnes of herring, mackerel or horse mackerel is landed in Scotland buyers or holders of the fish must weigh the fish in the presence of a British sea fishery officer unless the buyer or holder has arranged for some other person or organization to act as the controller. Failure to comply with that provision is an offence (art. 4). The Order creates offences in respect of contraventions of the provisions of the Council Regulation.