Article 14 Absences from port
A person in charge of a relevant fishing boat carrying regulated gear which, at any time in the Annex IV year, either
contravenes point 8 of Annex IVc; or
subject to any adjustments made under this article for the purposes of Annex IVc, during a management period is absent from port in the sole recovery zone in excess of the number of days permitted to it under point 6(a) of Annex IVc,
is guilty of an offence.
In addition to the number of days of absence from port permitted under point 6(a) applicable to the relevant fishing boat in accordance with any regulated gear that it carries, for each calendar month the Secretary of State may allocate to the boat a proportion of such number of days as may be allocated to the United Kingdom under point 6(c) of Annex IVc.
Where in respect of a management period established for it days have been transferred from one British fishing boat (“the donor”) to another British fishing boat (“the recipient”) under article 16 for the purposes of point 9 of Annex IVc, the following shall apply–
the donor shall have deducted from its allocation of days such number of days as have been transferred to the recipient; and
the recipient shall have added to its allocation of days such number of days as have been transferred by the donor.
Where on any day during a management period any regulated gear is at any time affixed to a relevant British fishing boat and one or more other fishing boats whilst they are in the sole recovery zone that day shall be deducted from each boat’s allocation.
Where a relevant British fishing boat was absent from port in the sole recovery zone carrying regulated gear in excess of its allocation of days in respect of a previous management period, there shall be deducted from the next management period the number of days during which the boat was so absent.
Where the management period includes the month of February, any number of days spent absent from port in the sole recovery zone carrying the regulated gear by a relevant British fishing boat in the first February stage shall be deducted from the allocation of days for that month.
Where during the management period a relevant British fishing boat was absent from port in the circumstances as set out in point 12 of Annex IVc, the person in charge of the relevant British fishing boat shall apply to the Secretary of State for Environment, Food and Rural Affairs for an adjustment of the allocation of days in respect of those circumstances.
For the purposes of paragraph (2) and (7), where additional days are allocated by the Secretary of State to a relevant fishing boat, the allocation does not have effect until the person in charge of the relevant fishing boat is notified of the allocation by the Secretary of State.