(1)  The holder of a mackerel fishing licence must not during a fishing trip or an open season take more mackerel than the amount specified in the licence for that fishing trip or open season.

Penalty:  In the case of –

(a) the relevant amount specified being exceeded by not more than 10 tonnes, Grade 1 penalty; or

(b) the relevant amount specified being exceeded by more than 10 tonnes but not more than 20 tonnes, Grade 2 penalty; or

(c) the relevant amount specified being exceeded by more than 20 tonnes, Grade 3 penalty.

(2)  If  –

(a) the Minister is satisfied that the holder of a mackerel fishing licence has committed an offence under subrule (1) but that the relevant amount specified in the licence has only been exceeded by not more than 20 tonnes of mackerel; and

(b) the licence holder pays or agrees to pay an administrative penalty to the Crown –

the Minister may accept such payment or agreement to pay and, if so, must waive or, if applicable, discontinue the proceedings for the offence.

(3)  If the whole or any part of an amount that a person has agreed to pay under subrule (2) is not paid by such date or within such period as the person and the Minister have agreed for the purpose, the unpaid amount may be recovered in a court of competent jurisdiction as a debt due to the Crown.

(4)  In this rule –

administrative penalty means –

(a) for an excess of not more than 10 tonnes of mackerel, an amount equal to their market value; and

(b) for an excess of more than 10 tonnes but not more than 20 tonnes of mackerel, an amount equal to twice their market value.