
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.
2 
A relevant offence for the purposes of section 25(1) of the Act 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 
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 is issued who is domiciled or resident outside the United Kingdom.
4 
The scale of fixed penalties for the purposes of sections 25 to 31 of the Act is as prescribed in Schedule 2.
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.
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
PART 1

Enactment Offence provision
Sea Fish (Conservation) Act 1967 Sections 4(6), 4(7A), 4A(6), 4A(7), 4A(8)
Sea Fish (Shellfish) Act 1967 Section 17(1)
Fishery Limits Act 1976 Section 2(5)
Fisheries Act 1981 Section 30(1)(a)
Inshore Fishing (Scotland) Act 1984 Section 4
The Foreign Fishing Boats (Stowage of Gear) Order 1970 Article 3 as read with section 5(4) of the Sea Fisheries Act 1968
Salmon and Migratory Trout (Prohibition of Fishing) (No. 2) (Scotland) Order 1972 Article 3 as read with section 5(7) of the Sea Fish (Conservation) Act 1967
Salmon and Migratory Trout (Restrictions on Landing) Order 1972 Article 3 as read with section 6(5) of the Sea Fish (Conservation) Act 1967
The Molluscan Shellfish (Control of Deposit) Order 1974 Article 5 as read with section 14(2) of the Sea Fisheries (Shellfish) Act 1967
Lobsters (Control of Deposit) Order 1981 Article 6 as read with section 14(2) of the Sea Fisheries (Shellfish) Act 1967
Lobsters (Control of Importation) Order 1981 Article 5 as read with section 14(2) of the Sea Fisheries (Shellfish) Act 1967
Receiving of Trans-shipped Sea Fish (Licensing) Order 1982 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 Article 3
Undersized Scallops (West Coast) Order 1984 Article 2 as read with section 1(7) of the Sea Fish (Conservation) Act 1967
Scallops (Irish Sea) (Prohibition of Fishing) Order 1984 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 Article 3 as read with section 4 of the Inshore Fishing (Scotland) Act 1984
Undersized Velvet Crabs Order 1989 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 Article 2 as read with section 4(3) of the Sea Fish (Conservation) Act 1967
Undersized Bass Order 1989 Article 3 as read with section 1(7) of the Sea Fish (Conservation) Act 1967
Sea Fish (Specified Manx Waters) Licensing Order 1990 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 Article 3 as read with section 6(5) of the Sea Fish (Conservation) Act 1967
Sea Fish Licensing Order 1992 Article 3 as read with section 4(3) of the Sea Fish (Conservation) Act 1967
Fishing Boats (Marking and Documentation) (Enforcement) Order 1993 Article 3
Inshore Fishing (Monofilament Gill Nets) (Scotland) Order 1996 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 Articles 4, 5 and 6 as read with section 1(6) of the Food and Environment Protection Act 1985
The Lobsters and Crawfish (Prohibition of Fishing and Landing) (Scotland) Order 1999 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 Article 3
Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Order 2000 Article 3
Undersized Lobsters (Scotland) Order 2000 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 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 Articles 4, 5 and 5A as read with section 3(5) of the Sea Fish (Conservation) Act 1967
Undersized Edible Crabs (Scotland) Order 2000 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 Article 3 as read with section 5(7) of the Sea Fish (Conservation) Act 1967
Sea Fishing (North-East Atlantic Control Measures) Order 2000 Article 4
Prohibition of Fishing for Scallops (Scotland) Order 2003 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 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 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 Article 9
Sea Fish (Marketing Standards) (Scotland) Regulations 2004 Articles 3(1), (2), (3), (4) and (5)
Registration of Fish Sellers and Buyers and Designation of Auction Sites (Scotland) Regulations 2005 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 Articles 3(2), 4
Inshore Fishing (Prohibition of Fishing for Cockles) (Scotland) (No. 5) Order 2006 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 Article 14
Sea Fishing (Northern Hake Stock) (Scotland) Order 2006 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 Articles 3(1), (2) and (4)
Inshore Fishing (Prohibited Methods of Fishing) (Loch Creran) Order 2007 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 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 Articles 3(5), (6), (7), 4(4), 6(4), 7(4)
PART 2

Enactment Offence Provision
Sea Fishing (Enforcement of Community Licensing Measures) (North of Scotland Box) Order 1984 Article 3
Fishing Boats (Marking and Documentation) (Enforcement) Order 1993 Article 3
Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Cod) (Irish Sea) (Wales) Order 2000 Article 3
Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000 Articles 3(1), 3(2)
Sea Fishing (Enforcement of Community Conservation Measures) (Wales) Order 2000 Articles 3(1), 3(2)
Sea Fishing (Enforcement of Community Control Measures) Order 2000 Articles 3(1), 3(2)
Sea Fishing (North-East Atlantic Control Measures) Order 2000 Article 4
Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2004 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 Article 4
Sea Fishing (Marking and Identification of Passive Fishing Gear and Beam Trawls) (England) Order 2006 Article 4
Sea Fishing (Northern Hake Stock) (Wales) Order 2006 Articles 3, 4(1), 4(3), 4(4), 5(1), 6, 7, 8
Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2006 Articles 5, 6, 7, 8(1), 8(2), 8(4), 9(1), 9(2), 11, 12, 13, 14(1), 14(2)
SCHEDULE 2
Article 4


Penalty level Amount
1 £250
2 £500
3 £1000
4 £2000