Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2004 (S.S.I. No. 44 of 2004).

This Order provides for the enforcement in Scotland of the provisions of Annex V to Council Regulation 2287/2003 fixing for certain fish stocks and groups of fish stocks the fishing opportunities in Community waters for 2004. The Order contains provisions relating to the determination for certain fishing boats of the management periods referred to in paragraph 6(b) of the Annex (art. 3); and the calculation of the number of days on which a vessel may be absent from port for the purposes of the Annex. It contains provisions relating to the deduction of days by the Scottish Ministers and the procedure to be followed in doing so. Provision is made as to the use of regulated gears and associated offences (art. 6), and the transfer of days from one boat to another (art. 7). The Order extends the application of the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000 (S.S.I. 2000/7) in pursuance of the Annex, and creates offences in respect of contraventions by certain persons of other provisions of the Annex concerning mixing of species, transportation of cod, the landing of cod where prior notification is required and the landing of cod at a designated port (arts. 9, 10, 11 and 12). Provision is made for the maintenance of a logbook (art. 13), and for the submission of the relevant part of the logbook at a designated port (art. 14). The Order provides for penalties (art. 15) and for the recovery of fines imposed in respect of a relevant offence as defined in the Order (art. 16).