Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2004 (S.S.I. No. 392 of 2004).

This Order provides for the enforcement of Commission Regulation (EC) No. 2244/2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems ("Regulation 2244/2003"). The Order applies to Scotland and the Scottish zone, and in so far as it applies beyond Scotland and the Scottish zone, it does so only as a matter of Scots law (art. 1). The Order specifies four categories of boats to which the obligations under Regulation 2244/2003 apply: Scottish fishing boats (as defined in art. 2) wherever they may be, and relevant British fishing boats, Community fishing boats and third country fishing boats (as each of those terms is defined in art. 2) within the Scottish zone. Articles 4, 5, 6 and 7 apply only to boats of the categories specified by those articles which measure more than 18 meters in overall length and, as from 1st January 2005, more than 15 meters in overall length (art. 3). They do not apply where such a boat falls within the ambit of article 3(2). All four categories of boats are required to have a satellite-tracking device installed on board which does not permit the input or output of false positions; which is not capable of being manually over-ridden; and which shall be operational at all times (art. 4). Scottish fishing boats, wherever they may be, and relevant British and Community fishing boats within the Scottish zone are prohibited from leaving a port without an operational device installed on board. Such devices may be switched off when the boat is in port only if prior notification is given to the relevant Fisheries Monitoring Centre or centers specified in article 8(1) and the required information (as defined in art. 2) next transmitted is the same as that last transmitted (art. 5).