Marine Fund Scotland 2022-23: general guidance notes

Annex C – serious infringements

For the purposes of the Marine Fund Scotland 2022-23, a "serious infringement" means any of the following:

a) a "serious infringement" as defined in Article 42 of the retained Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (EUR 2008/1005);

b) a "serious infringement" as defined in Article 90(1) of the retained Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (EUR 2009/1224);

c) repeated instances of non-compliance with the obligations laid down in either or both of Article 7 and Article 9 of the retained Council Regulation (EC) No 734/2008 of 15 July 2008 on the protection of vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears (EUR 2008/734);

d) a "serious infringement" as defined in Article 31 of the retained Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries (EUR 2010/1236);

e) an offence under regulation 44(1)(b) of the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (SSI 2011/209) ("the 2011 Regulations") of failing to comply with or contravening a general binding rule;

f) an offence under regulation 44(1)(c) of the 2011 Regulations of failing to comply with or contravening a registration (including any condition imposed);

g) an offence under section 107 of the Marine (Scotland) Act 2010 of killing, injuring or taking a live seal (intentionally or recklessly);

h) an offence under section 19 of the Animal Health and Welfare (Scotland) Act 2006;

i) an offence under regulation 23(1) of the Aquatic Animal Health (Scotland) Regulations 2009 (SSI 2009/85);

j) an offence under section 2(1) of the Aquaculture and Fisheries (Scotland) Act 2007;

k) an offence under regulation 33(a), (b) or (c) of the Trade in Animals and Related Products (Scotland) Regulations 2012 (SSI 2012/177);

l) an offence under regulation 39 of the Conservation (Natural Habitats, etc.) Regulations 1994;

m) convicted of, or received a Fixed Penalty Notice for, an offence under the Fish Farming Code of Practice (Scotland) Order 2021 (SSI 2021/340), as read with sections 6 to 8 of the Aquaculture and Fisheries (Scotland) Act 2007.