# The Marking of Creels (Scotland) Order 2020, Note: Explanatory note


(This note is not part of the Order)
This Order introduces requirements for the marking of creels. The Order extends to Scotland and applies to territorial sea adjacent to Scotland. The Order is made in accordance with Article 19 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy.
Article 3 applies where creels and fleets of creels are deployed in connection with a British fishing boat or otherwise than in connection with a British fishing boat. It requires that creels and fleets of creels are marked with one or more marker buoys. Fleets of creels comprising 10 or more creels must have at least one marker buoy fitted to each end of the fleet.
Article 4 applies where creels and fleets of creels are deployed in connection with fishing from a licensed fishing boat (being a British fishing boat licensed under an order made under section 4 of the Sea Fish (Conservation) Act 1967 (“the Act”)). It requires that marker buoys display the PLN number that is marked on the hull of the deploying licensed fishing boat and provides for how the PLN number is to be displayed. “PLN number” is defined in article 2 of this Order.
Offences for breach of this Order are contained in section 3(5) and (5A) of the Act. Penalties, which are set out at section 11 of the Act, include a fine not exceeding £50,000 on summary conviction and a fine on conviction on indictment. The court may also order the forfeiture of the fishing gear in respect of which the contravention constituting the offence occurred.
A Business and Regulatory Impact Assessment (“BRIA”) has been prepared in relation to this Order and placed in the Scottish Parliament Information Centre. A copy of the BRIA can be obtained from Marine Scotland, the Scottish Government, Victoria Quay, Edinburgh EH6 6QQ or online at www.legislation.gov.uk.

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Source: https://www.legislation.gov.uk/ssi/2020/168/note (the official version)
Page: https://openlegislation.uk/marking-of-creels-scotland-order-2020/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.