# The Sea Fishing (Restriction on Days at Sea) Order 2004, Article 4: Absences from port etc

Extent: E+W+S+NI

(1) A person in charge of a relevant British fishing boat which, at any time in the Annex V year, either—
(a) contravenes point 9 of Annex V, or
(b) during a management period established for it, is absent from port, while carrying the regulated gear notified for the period in the cod recovery zone, in excess of the ADMP granted to it on the basis of the following formulae, that is to say—
(i) ADB = Y + DC, and
(ii) ADMP = (ADB x Z) + DR − DT − DD − F − J − N,
is guilty of an offence.
(2) In paragraph (1)—
(a) “ADMP” means the allocation of days for the relevant British fishing boat to be out of port in the cod recovery zone carrying the regulated gear in the management period;
(b) “ADB” means the allocation of days for the relevant British fishing boat to be out of port in the cod recovery zone carrying the regulated gear per base unit in the management period;
(c) “Y” means—
(i) where one grouping of regulated gear has been notified for the relevant British fishing boat, the number of days per base unit allocated for that gear grouping under point 6(a) of Annex V, and
(ii) where two groupings of regulated gear have been notified for the relevant British fishing boat, the number of days per base unit allocated for the combination of those gear groupings under point 6(a), as read with point 7, of Annex V;
(d) “DC” means any number of days, extra to those covered by sub-paragraph (c), allocated to the United Kingdom under point 6(c) to (f) of Annex V for the purpose of being available to any fishing boat within a class within which the relevant fishing boat falls;
(e) “Z” means the number of base units in the management period;
(f) “DR” means the number of days transferred to the relevant fishing boat under article 6 during the management period;
(g) “DT” means the number of days transferred from the relevant British fishing boat under article 6 during the management period;
(h) “DD” means the number of days required to be deducted as a result of failure to comply with any condition or requirement in point 6(d) or (e) of Annex V;
(i) “F” means, where the management period includes the second February stage, any number of days spent absent from port in the cod recovery zone carrying the regulated gear by the relevant British fishing boat during the first February stage;
(j) “J” means any number of days during the management period (being one in which the regulated gear is at any time affixed to both the relevant British fishing boat and one or more other fishing boats) when the relevant British fishing boat is absent from port in the cod recovery zone but the gear is being carried by any other such boat which is so absent; and
(k) “N” means the number of days, if any, in which the relevant British fishing boat was absent from port, while carrying regulated gear notified for the previous management period established for it in the cod recovery zone, in excess of the ADMP granted to it on the basis of those formulae during that previous management period.

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Source: https://www.legislation.gov.uk/uksi/2004/398/article/4 (the official version)
Page: https://openlegislation.uk/sea-fishing-restriction-on-days-at-sea-order-2004/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.