88 Activity licensed by another State

88  Activity licensed by another State

(1)     It is a defence for a person charged with an offence under section 85(1) in relation to any activity to which subsection (2) applies to prove that subsections (3) and (4) are satisfied in respect of that activity.

(2)     This subsection applies to any activity which—

(a)     falls within item 2, 5 or 12 in section 66(1), and

(b)     is carried on outside the UK marine licensing area.

(3)     This subsection is satisfied if—

(a)     in the case of an activity falling within item 2 in subsection (1) of section 66, the vessel, aircraft, marine

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