I. 1. Scottish Government Riegheitee i?iEi trainee gov.scot Vita; lgovscot DateiI Dear! THE AQUACULTURE AND FISHERIES (SCOTLAND) ACT 2007: FIXED PENALTY NOTICE REFERENCE No 207 have received a report from British Sea Fisheries __Officers' In Ayr detailing their suspicions that the vessel which you were master of, (I . . __IBreached The South Arran Marine Conservation Order 2015. Speci?cally that onl you deployed ?shing gear within the boundry of. the South Arran Marine Protected Area (MFA) as de?ned in Schedule 2 of the South Arran Marine Conservation Order 2015 in breach of Article 4(2) of the aforementioned - Order. A summary of the relevant sections of the order are attached as an Annex. - Having carefully considered the report made by the detecting of?cers, I am satis?ed that there is suf?cient evidence, and the matter suf?ciently serious, for a report to be made to the Procurator Fiscal in respect of a Breach of the South Arran Conservation Order 20-15- offence. However, before taking such action, and in accordance with the provisions laid down in. Sections 25 31 of the Aquaculture and Fisheries (Scotland) Act 2007, as amended I am . issuing you with a Fixed Penalty Notice for 000 In respect of the alleged offences. If you wish to accept this offer of a xed penalty, you should arrange for payment to be made to the Scottish Government at the address below and using one of the payment methods set out In the attachment to this notice 3 If you wish to accept the offer of a ?xed penalty you need only pay that amount by the required deadline which is 28 days from the date of this letter. Do not write a letter of acceptance or reply to this letter or do anything else other than make the necessary payment quoting the reference number which appears at the top of this letter. If you pay the ?xed penalty any liability to a conviction for the alleged offence Is discharged. Payment of the ?xed genalty Is not a conviction, nor can it be recorded a such Victoria Quay Edinburgh EH6 5 we I You may decide that you wish to reiect the offer fixed penalty It so you may reject the offer by writing to at the address given at the bottom of this letter. mu Uri??irt MAY BE ENTERED INTO AS TO DO 30 MAY BE SUB JUDICE No proceedings in respect of the alleged offence will be taken against you unless you:- fail to pay the prescribed amount by the expiry of the deadline given, or intimate in writing that you do not wish to accept the ?xed penalty. Should either situation arise then a report will be submitted to the Procurator Fiscal with a View to prosecution. Yours sincerelv Annex The South Arran Marine Conservation Order CSSI Interpretation 2. In this Order?m ?boundary line? means a boundary delineated by a line as described in Schedule 1, 2 or 3; "co?ordinate? means a coordinate of latitude and longitude according to the World Geodetic System 1984(3); "the protected area? means the area described in article 3; and ?South Arran means the area designated as a nature conservation marine protected area by, and described in article 3 of, the South Arran Nature Conservation Marine Protected Area Order 2014(1)). Prohibited and regulated activities 4. (2) A person must not deploy (by any means) or use any fishing gearwithin the protected area. (11) In this articlew- ??shing gear? means any beam trawl, demersal seine net, demersal trawl, dredge, any other device used for fishing purposes, and any rope or wire associated with the gear but excluding? passive gear; a gelagic trawl; a rod and line; and . a-handline; list: Artistes 2 and 4(5) and (6) 's SCHEDULE 2 AREAS WHERE, IN ADDITION TO THE PROHIBITION ON THE DEPLOYMENT OR USE OF ANY FISHING GEAR, THE DEPLOYMENT OR USE OF ANY PASSIVE GEAR iS For the purposes of artistes 2, 4(5) and (6) the parts of the protected area described in this Schedule are enclosed by the boundary lines which are described baiow, in each case by reference to the co~ordinates of the points joined by a line and a topographical description of the PART 1 Boundary Line Set of sci-ordinates of points which the boundary line joins Topographicai description of boundary iine i. to Geodesic line 2. to Mean high water spring tide 3. to Geodesic line 4. to Mean high water spring tide 5. to Geodesic tine 6. to Mean high water spring tide Where?- is is 55?31 is is is and is Topographicai description of boundary line Geodesic Une- Gecdeslc Line Geodesic Line Geodesic Line Geodesic Line Geodesic Line Geodesic Line Geodesic Line Geodesic Line Geodesic Line Geodesic Line Geodesic Line Geodesic Line Geodesic Line Geodesic Line PART 2 Boundary Line Set of coordinates ofpomis which the boundary fine joins Wherem is is is is is is PARTS Boundary Line Set of co-ordr'nates of points which the boundary line joins Topographioai desodption of boundary ?ne 1 . AK to AZ. Geodesic line 2. N. to AM Geodesic line 3. AM to AN Geodesic line 4. AM to A0 Geodesic line 5. A0 to AP Geodesic line 6. AP in AQ Geodesic line 7. A0 to AK Mean high water spring tide WherePART4 Boundary Line Set of coordinates of points which the boundary ?ne joins ibpogrraphicanl description of boundary line Boundary Line Set of co-ordinates ofpor?nts which the boundary fine joins Topographical description of boundary ?ne 1. AR to AS Geodesic I?ne 2. A3 to AT Geodesic line 3. AT to AU Geodesic line 4. AU to AR Geodesic ?ne Where? is is is and is PARTS Boundary Line Set of coordinates ofpor?nfs which the boundary ?nejofns Topographfoa! description of boundary fine 1 . AV 10 AW Geodesic line 2. AW to AX Geodesic line 3. AX io AY Geodesic line 4. AY to AV Geodesic line Where?? is is is and is Scottish Government Rioghottos no h-Albo gov.scot marinescotland T: #44 iOiIBi 2: -2018 Dear. FORMAL OFFICIAL BREACH OF scum ARRAN MA 5 CONSERVATION cases 2015 Or? 2018, an investigation into a suspected infringement has estabiished that there as been a breach of The South Arran Marine Conservation Order 2015. This is speci?cally that on 2018 you deployed ?shing gear within the boundary of the South Arran Marine rotected Area (MFA) as de?ned in Schedule 2 of the South Arran Marine Conservation Order 2015, in breach of Article 4(5) of the aforementioned Order. A summary of the relevant sections of the order are attached as an annex. However for clarity, Artiste 4(5) of The South Arran Marine Conversation Order States: ?Q?rahibited and regulated activities 4. A person must not deploy {by any means) or use any passive gee: within those parts of the protected area which are; described in Schedule 2. in order to oompiy with the relevant regutatory requirements while ?shing in EC waters you must not deploy any ?shing gear as de?ned above within the area as de?ned in schedule 2 of the South Arran Marine Conservation Order 2015. . Although there is suf?cient evidence to provide a reaiis?c prospect of a oonyiction, on this occasion the submission of a report to the Proourator Fiscal is not considered to be necessary in the public interest @2 . Victoria Quay, Edinburgh EH6 soc if} gWis wwgovscot/marmescotland A record of this incident along with your personal details will be kept on ?le and shouid you commit a further analogous offence within a 2 year period from the date of this letter, a reference to this matter will be included in any report submitted to the Procurator Fiscal at that time. Yours sin oerely - mm .1 Im ?11 Victoria Quay, Edtpburgh EH5 5QQ gvg?? um; 7; mam-1.x Annex The South Arron Marine Conservation Order 201 5 (33! 43712015)? Interpretation 2. In this Order? 'boondary line? means a boundary delineated by a line as described in Schedule 1, 2 or 3; ?co-oro'inate? means a co- ordinate of ia?tode and longitude according to the World Geodetic System 1984(3); ?the protected area? means the area described in article 3: and ?South Arran means the area designated as a ham conservation marine protected area by, and described in article 3 of, the South Anao Nature Conservation Marine Protected Area Order2814(b). Prohibited and regulated activities 4. (5) A person must not deploy (by any means) or use any passive gearwi?lin those pests of the protected area which are described in Schedule 2. SCHEDULE 2 AREAS WERE, IN ADDITION To THE PROHIBITION ON THE DEPLOYMENT OR USE OF ANY FISHING GEAR. THE DEPLOYMENT OR USE OF ANY PASSNE GEAR IS For the purposes of ar?cies 2, 4(5) and (6) the parts of the protected area described in Ihis Schedule are enclosed by the boundary lines which are deson'hed izrelmvurI in each case by referenoeio the coordinates ofthe points joined by a Iine and a topographical description cf'the line-? PART 1 Bounces! Line Serof co-omnstas ofpoiots which the bounce-3r Ima joins Topog?aphicei desorip?on of boundary tine 1. to Geodesic line 2 to Mean high water spring tide 3. to Geodesic line 4 to Mean high water spring tide 5- to Geodesic line 6. to Mean high water spring tide Wherev- is is is 00904.305W: is is and is PART 2 Bounds}? Line Set of oo-oroinates of points which the boundary Hnejoms Topographice! ofboono'eiy line 1. to Geodesic Line 2. to Geodesic Line 3. to Geodesic Line 4. to Geodesic Line 5. to AA Geodesic Line 5. AA to A8 Geodesic Line T. AB to AC Geodesic Line 8. AC to AD Geodesic Line 9. AD to AE Geodesic Line Victoria Quay, Edinburgh EH5 ?5sz mgovscot/merinescotland Boundary Line Set of ofpamts which the boundary ?ne joins Topographicai deemption of :30de fine ?10. AE to AF Geodesic Line 1?1. AF to A6 Geodesic Line ?12 AG to Geodesic Line 13. AH to AI Geodesic Line 14. to A.) Geodesic Line 15. Ad to Geodesic Line Where? is 005?o4.208w; is 593036114, comm 10w; is 00903356?: is is is is oos?03.333?w; is 5930321114, is is is is mom. 005?04.033w; is is and ?Ad" is PART 3 Boundary Une- Set cfco?ordihates ofpcinis which the boundaor {Lee joins descnpii'on ofbouridanz AK to AL Geodeelc line 2. AL to AM Geodesic line 3. AM to AN Geodesic Iine 4. AN is Geodesic fine 5. A0 to AP Geodesic line 6. AP to Gecdesicline AG to AK Mean high water spring tide Where? ?m is owmeuw; is is is is oo5?05.010?w; is 593.03%, oosmsasw: and is 005?o4.749w. PART 4 Boundary Line Set of co-orci?nares cfpcinfs which the boundary iinejm'ns iopograpi?cai desaipii'cn ofbcundaiy fine AR to AS Geodesic line 2. AS 10 AT Geodesic line 3. AT in AU Geodesic line 4. AU to AR Geodesic ?ne Victoria Quay. Edinburgh EH6 SQQ Mere? is 55252301?, is is 553539314. and is PART 5 Boundaaz Una Sat ofco-ordfnates <3me mm the boundaiyifnejofns Topographfcaf desc?p?on ofboundandine AV to AW Geodesic Elna 2. AW to AX Geodesic ?ne 3. AX to AY Geodesic [Ina 4-. AY to AV Geodesic line Where?n is is is and is 5925:] Victoria Quay, Edinburgh EH6 SQQ Scottish Government Riogholtds no h-Alba govscot marinescotland T: +44 (0)131 2BR +44 (0)131 24. -017 Dea- FORMAL OFFICIAL If BREACH OF scum ARRAN MA NSERVATION ORDER 2015 (?n?2017 an investigation into an apparent in??ingement has estabiished that there has been a breach of The South Arran Marine Consenration Order 20t5. This is speci?cally that on that day you depioyed ?shing gear within the boundary of me South Arran Marine Protected Area MFA) as de?ned in Schedule 2 of The South Arran Marine Conservation Order 2015 and are therefore in breach of Article 4(2) of the aforementioned order. For clarity, Article 4(2) of The South Anan Marine Conversation Order states: ?Prohibited and regulated activities 4. A person must not deploy (by any means) or use any ?shing gear min the protected area. {1 f) in this article? ?shing gear? means any beam trawl, demersai seine net, demersa! trawl, dredge, any other device used for ?shing purposes, and any rope or wire associated mm the gear but exomding? passive gear; 05} a pelagic frawt a rod and line; and a handline,? In order to comply with the relevant regulatory requirements while ?shing in EC waters you must not depioy any ?shing gear as de?ned above Mthin the area as defined in the South Arran Marine Conservation Order 2015. You can View a copy of the Order here: EDI-fem? ?ll-Mp, Victoria Quay, Edinburgh are see g; g; a. . -n You have, on two previous occasions, been offered Fixed Penalty Notices to address similar suspected infringements and I also refer to your telephone conversation with my coileague on 017. in our View your current ?shing methods must be to prevent you committing further incursions- If your current piotting equipment is not accurater re?ecting either your position or that of the boundaries of and within the MPA and you are relying on this equipment to identify where you ?sh then you may wish to keep this in mind to avoid further infringements. It would also seem sensible to familiarise yourself fully with its use. i wcuid also remind you, as discussed with that any further suspected infringements will be considered in the oonte of this warning letter and the previous infringements. Although there is suf?cient evidence to provide a realistic prospect of a conviction on this occasion the submission of a report to the Procurator Fiscal is not considered to be necessary in the public interest. However, i would encourage you to note the contents of this letter and take any necessary action to avoid future infringements, A record of this incident along with your personal details will be kept on file and should you commit a further analogous offence within a 2 year period from the date of this fetter, a reference to this matter will be included in any report submitted to the Procurator Fiscal at that time. Yours sincerely - Victoria Quay, Edinburgh EH6 EQQ Scottish Government Rioghottos no h-Albo gov.scot marine scotland A T: +44 (0)131 2: E. Your ref: Our ref: FPN269 018 near- THE AQUACULTURE AND FISHERIES (SCOTLAND) ACT 2007: FIXED PENALTY NOTICE REFERENCE No. 269 I have received separate reports from British Sea Fisheries Of?cers fron.and the. detailing their suspicions that the vessel which you were master of, breac ed ?shing vessel licensing conditions and The South Arran Marine Conservation Order 2015. Having carefully considered the reports made by detecting officers, 1 am satisfied that there is sufficient evidence, and the matters suf?ciently serious, for reports to be made to the Procurator Fiscal in respect of: A breach of Fishing Licence condition 1.7 as read with article 32 of Commission Implementing Regulatiopn 404/2011. This is speci?cally that for voyages between 10 July 2018 and 23 August 2018 you failed to complete and submit a fishing logbook in paper format within 48 hours after completion of landing; and . In respect of a breach of The South Arran Conservation Order 2015. This is specifically that on 10, May 2018 you deployed demersal ?shing gear at a location within the South Arran Marine Protected Area to which deployment of demersal ?shing gear is prohibited. An extract of the relevant legislation is attached to this letter in the form of an Annex. However, before taking such action, and in accordance with the provisions laid down in Sections 25 31 of the Aquaculture and Fisheries (Scotland) Act 2007. as amended, I am issuing you with a Fixed Penalty Notice for ?4,000 in respect of the alleged offences. (comprising of ?2,000 for each of the two alleged offences as detailed above). Area 1A North [Li?.13 {as We Victoria Quay, Edinburgh EH6 GOD ?32 ?st 55% if! IH ?i If you wish to accept this offer of a ?xed penalty, you should arrange for payment to be made to the Scottish Government at the address below and using one of the payment methods set out in the attachment to this notice. If you wish to accept the offer of a fixed penalty you need only pay that amount by the required deadline which is normally 28' days from the date of this letter, however, as you already have an agreed extended payment period for a previously issued Fixed Penalty Notice, the due deadline has been extended to the same date of 28 February 2019. Do not write a letter of acceptance or reply to this letter or do anything else other than make the necessary payment quoting the reference number which appears at the top of this letter. If you pay the fixed penalty any liability to a conviction for the alleged offence is discharged. Payment of the fixed penalty is not a conviction, nor can it be recorded as such. You may decide that you wish to reject the offer of a fixed penalty. If so you may reject the offer by writing to Tom Robertson, Head of Surveillance and Enforcement at the address given at the bottom of this letter. NO OTHER CORRESPONDENCE MAY BE ENTERED INTO AS TO DO 80 MAY BE SUB JUDICE. No proceedings in respect of the alleged offence will be taken against you unless you:- fail to pay the prescribed amount by the expiry of the deadline given, or intimate in writing that you do not wish to accept the fixed penalty. Should either situation arise then a report will be submitted to the Proourator Fiscal with a View to prosecution. Yours sincerely I Area 1A North on Victoria Quay, Edinburgh EH6 son e. a a; . M3 Dilemmas? hes-S Annex FISHING LICENCE CONDITION 1.7 OF FISHING LICENCE 24315 STATES: Reporting requirements 1.7 In accordance with Article 29(2) of Commission Implementing Regulation (EU) No. 404/2011, the Master shall complete and submit an EU logbook and a landing declaration in paper format in accordance with the provisions in Chapter i of Title ill of that Regulation, if the vessel is in membership of a Producer Organisation. COMMISION IMPLEMENTING REGULATION 404i2011 STATES: Article 32 Deadlines for the submission of a fishing logbook, transhipment declaration and a landing declaration in paper format 1. When a Union ?shing vessel has made a landing in a port or a transhipment in a port or in a place close to the shore of its flag Member State, its master shall submit the original(s) of the flshing logbook, transhipment declaration and landing declaration as soon as possible and not later than 4.8 hours after completion of transhipment or landing to the competent authorities of the Member State concerned. The original(s) of such a transhipment declaration and landing declaration may also be submitted by the representative of the master on his behalf. The South Arran Marine Conservation Order 2015 states: ulated activities (3), (4), (5), (6), (7), (B) and (10) apply in order to further the stated b' three for the. South Arran MFA. person-smti?i?gtigib deploy (by any means) or use any fishing gear within the protected area. (3) While a ?shing vessel is within the protected area the master of the yeasel muet ensure that any fishing gear, passive gear, pelaglc trawl. rod and line, or handline carried on board the vessel is properly lashed and stowed in such a way that it may not be readily used. (11) In this article-- ?fishing gear" means any beam trawl, demersai seine net, demersal trawl, dredge, any other device used for fishing purposes, and any rope or wire associated with the gear but excluding?? passive gear; a pelagic trawl; a rod and line; and a handline; "handline? means a single fishing line which is held in a person?s hand; area 1A North a; .. Vlctorta Quay, Edinburgh EH6 BQQ @Ig gyy?jgt bane? ?5 mm FEDFLB Scottish Government Riogholtos no h?Albo gemscot marincscotland A Your ref: Our ref: PN230 THE AQUACULTURE AND FISHERIES (SCOTLAND) ACT 2007: PENALTY NOTICE REFERENCE No. 230 i have received a report from British Sea Fisheries Officers from detailing their suspicions that the vessel which you were master of, Breached The South Arran Marine Conservation Order 2015.. Speci?cally tat on 20 July 2017 you deployed fishing gear within the boundry of the South Arran Marine Protected Area (MFA) as defined in Schedule 2 of the South Arron Marine Conservation Order 2015 in breach of Article 4(2) of the aforementioned Order. A summary of the relevant sections of the order are attached as an Annex. Having carefully considered the report made by the detecting of?cers, I am satis?ed that there is sufficient evidence, and the matter suf?ciently serious, for a report to be made to the Procurator Fiscal in respect of a Breach of the South .Arran Conservation Order 2015 offence. However, before taking such action. and in accordance with the provisions laid down'in Sections 25 - 31 of the Aquaculture and Fisheries (Scotland) Act 2007, as amended. I am issuing you with a Fixed Penalty Notice for ?4,000 in respect of the alleged offences. if you wish to accept this offer of a fixed penalty, you should arrange for payment to be made to the Scottish Government at the address below and using one of the payment methods set out in the attachment to this notice.- If you wish to. accept the offer of a fixed penalty you need only pay that amount by the required deadline which is 28 days from the date of this letter. Do not write a letter of acceptance or reply to this letter or do anything else other than make the necessary payment quoting the reference number which appears at the top of this letter. Area 1A North "Wit.? Victoria Quay, Edinburgh EH6 600 (agig if} .gW i smegma arms? {5 if you pay the fixed penalty any liability to a conviction for the. alleged offence is discharged. Payment of the fixed penalty is not a conviction, nor can it he recorded as such. You may decide that you wish to reject the offer of a ?xed penalty. if so you may reject the offer by writing to Tom Robertson, Head of Enforcement Operations at the address given at the bottom of this letter. NO OTHER CORRESPONDENCE MAY BE ENTERED INTO proceedings in respect of the alleged offence will be taken against you unless you:- fail to pay the prescribed amount by the expiry of the deadline given, or intimate in writing that you do not wish to accept the fixed penalty. Should either situation arise then a report will he submitted to the Procurator Fiscal with a View to prosecution. Yours sincerely Area 1A North may Victoria Quay. Edinburgh EH6 BQQ .. 25? Qt? e; Annex The South Arran Marine Conservation Order 2015 (SSI 437/2015)? Interpretation 2. In this Order? ?boundary line? means a boundary delineated by a line as described in Schedule 1, 2 or 3; ?co-ordinate" means a coordinate of latitude and longitude according to the World Geodetic System 19840:); "the protected area? means the area described in article 3; and "South Arran means the area designated as a nature conservation marine protected area by, and described in article 3 of, the South Arran Nature Conservation Marine Protected Area Order 2014(1)). Prohibited and regulated activities 4. A person must not deploy (by any means) or use any ?shing gear within the protected area. (ii) in this article-? "fishing gear? means any beam trawl, demersal seine net, demersal trawl, dredge, any other device used for fishing purposes, and any rope or wire associated with the gear but excludingm passive gear; a pelagic trawl; a rod and line; and a handline; Articles 2 and 4(5) and (6) SCHEDULE 2 AREAS WHERE, IN ADDITION TO THE PROHIBITION ON THE DEPLOYMENT OR USE OF ANY FISHING GEAR, THE DEPLOYMENT OR USE OF ANY PASSIVE GEAR IS PROHIBITED For the purposes of articles 2, 4(5) and (6) the parts of the protected area described in this Schedule are by the boundary lines which are described below, in each case by reference to the co?ordinates of the points joined by a line and a topographical description of the line? PART 1 Boundary Line Set ofoo~ordina?es cfpoirrls which the boundary line joins Topographical description of boundary line 1. to Geodesic line 2. to I Mean high water spring tide 3. to Geodesic line 4. 3 to Mean high water spring title 5. to Geodesic line 8. to Mean high water Spring tide Wherew is is Area 1A North Victoria Quay, Edinburgh EH6 EQQ PART 4 Area 1A North Victoria Quay, Edinburgh EH6 6QQ PART 3 Boundary Line Set ofoo-or?fnalos ofpofnrs which the boundaiy Hoojoins Topographical description or boundary line 1. AK to AL Geodesic line 2. AL lo AM Geodesic line 3. AM (0 AN Geodesic line 4. AN to A0 Geodesic line 5. A0 to AP Geodesic line 3. AP to Geodesic ?ne AG to AK Mean high water spring tide Where?- sonma [?ag a a s. cog. a 'm ?0 ?9 . INVESTOR PEOPLE '33