FISHERIES CONSERVATION AND MANAGEMENT ACT

CHAPTER 425

FISHERIES CONSERVATION AND

MANAGEMENT ACT

To make provision for the regulation, conservation and management of

the fisheries of Malta and matters incidental thereto.

4th June, 2001

ACT II of 2001, as amended by Legal Notice 426 of 2007; and Acts XV

of 2009, IV of 2013 and XXXIV of 2014, XXI of 2020 , XVII of 2022 , XXXV

of 2023 and XIII of 2025.

PART I

PRELIMINARY

The short title of this Act is Fisheries Conservation and

Management Act.

In this Act unless the context otherwise requires -

"aquaculture" means the rearing and cultivation of fish by virtue of

the use of technical means set up in order to increase the production of

the organisms concerned beyond their natural environmental capacity,

by which the organisms remain property of the natural or legal person

throughout the period of rearing and cultivation, up to and including

the harvesting thereof;

" a q u a c u l t u r e e s t a b l i s h m e n t " means any ar ea, enclosure,

impoundment, premises or structure set up or used on land or in water

intended for aquaculture;

"Board" means the Fisheries Board established under article 5;

"commercial fisherman" means

(a) in the case of an individual, a person who is engaged

or who intends to engage in fishing for sale throughout

the year or a specified season or part of a season each

year and can satisfy the Director that during such time

as he engages in fishing for sale he relies on his fishing

activities for the whole or for part of his income; or

(b) in the case of a company, society or association of

persons, one that satisfies the Director that it has an

appreciable investment in the fishing industry or

intends to make a substantial investment in the fishing

or ancillary industry;

"commercial fishing" means all fishing operations with the

exception of subsistence fishing and recreational fishing;

"convention" means an international treaty, agreement or other

arrangement, other than "the Treaty" as defined in the European Union

Act;

"convention area" means, in relation to any international

convention, the area to which the convention relates;

"convention fisheries officer" means a person appointed by the

government of another country or having power under the laws of

that country to enforce a convention, to which Malta is a party, and

which provides for the safeguarding or conduct of fishing

operations or operations ancillary thereto;

"convention fishing vessel" means a fishing vessel registered

under the flag of a country which is a party to a convention to which

Malta is also a party and the fishing vessels of which have been

registered accordingly under such convention;

"coral" means the calcareous skeleton secreted by polypoid

coelenterates of the class anthozoa;

"Director" means the Director responsible for fisheries appointed

by virtue of article 4 or any person to whom he may delegate any of

the functions under article 4(2);

"fish" means any aquatic animal, whether piscine or not, and

includes shellfish, crustaceans, sponges, sea urchins, turtles,

aquatic mammals and their young, fry, eggs or spawn and shells

and parts thereof and fish meal;

"fisheries protection officer" means the Director, any of the

fisheries protection officers provided for under article 4(3), and all

members of the Malta Police Force and the Armed Forces of Malta

acting for the purposes of this Act;

"fishing" means

(a) the catching or taking of fish that occur or have grown

naturally in the sea;

(b) any other activity which can reasonably be expected to

result in the catching or taking of fish or the farming of

fish;

(c) any operation at sea in support of or in preparation of

any activity described in paragraphs (a) and (b);

"fishing licence" means a document conferring on its holder the

right to use a certain fishing capacity for the commercial exploitation

of living aquatic resources;

"fishing permit" means a fishing permit issued in respect of a

fishing vessel in addition to its fishing licence, entitling it to carry out

specific fishing activities during a specified period and, or in a given

area and, or for a given fishery and to do so under specific conditions;

"fishing vessel" means any vessel of whatever size and in

whatever way propelled which is for the time being employed in

fishing operations or for the processing, storage or carriage of fish

or of any operations (including transhipment of fish) ancillary

thereto, or which is registered or authorised for so doing, but does not

include any vessel used for the transport of fish or fish products as

part of a general cargo;

"fishing waters" means the fishing waters of Malta as defined in

article 3;

"fish market trader or pitkal" means an operator licensed to carry out

wholesale auctions on behalf of a licence holder at the public fish

auction hall;

"foreign fishing vessel" means a fishing vessel which is neither a

local fishing vessel nor a convention fishing vessel;

"foreign fishing vessel" means any other fishing vessel that does not

fall under the definition of a local fishing vessel;

"internal waters" means those seawaters on the landward side of

the baselines from which the territorial sea of Malta is measured;

"licensed fishing vessel" means a vessel granted a licence or

permit to fish in accordance with the provisions of this Act;

"local fishing vessel" means any vessel -

(a) wholly owned and controlled by one or more persons

ordinarily resident in Malta, or

(b) wholly owned and controlled by a company, society or

association of persons incorporated in or established

under the laws of Malta and controlled by one or more

persons ordinarily resident in Malta

Provided that a fishing vessel owned and controlled as

provided according to paragraphs (a) and (b) shall in no

case be considered a local fishing vessel if it is registered

outside the jurisdiction of Malta;

"master" means, in relation to a fishing vessel, the person who for

the time being is in command or in charge of the fishing operations on

board the vessel;

"Minister" means the Minister responsible for fisheries and

aquaculture;

"operator" means any natural or legal person carrying out any

activities related to any stage of production, processing, marketing,

distribution and retail chains of fisheries and aquaculture products;

"person" includes a body or other association of persons whether or

not granted legal personality, in accordance with the provisions of the

Second Schedule to the Civil Code;

"processing", in relation to fish, includes cleaning, filleting,

freezing, canning, salting, smoking, cooking, pickling, drying or

otherwise preserving or preparing fish by any method;

"record of fishing vessels" means the record of local fishing

vessels maintained by the Director under article 7;

"temporary immobilisation order" means an order given by a

Director or any other person delegated by him under this Act, ordering

a vessel to be seized and detained according to such conditions as the

Director may specify in the order;

"transhipment" means the unloading of any fisheries or aquaculture

products on board a vessel with the exception of relocation, pair

trawling activities and fishing operations involving joint action by two

(2) or more local fishing vessels;

"vessel" means a steamer, motor vessel, launch, boat, hovercraft,

submersible or floating craft of any description.

PART II

FISHING WATERS

The fishing waters of Malta comprise

(a) the internal waters;

(b) the territorial waters declared under article 3(2) of the

Territorial Waters and Contiguous Zone Act; and

(c) any other marine waters over which sovereign rights

for the purpose of exploring and exploiting,

conserving and managing the living resources therein

are claimed by proclamation, law or convention for the

time being in force, or having the force of law, in

Malta.

PART III

ADMINISTRATION

(1)

(1)

This Act shall be administered by the Director

who shall be a public officer, appointed by the Prime Minister, and

who shall be responsible for

(a)

the conservation of naturally occurring fish

stocks;

(b)

the assessment of fish stocks and the collection of

statistics including details of fish catches;

(c)

the development and management of fisheries;

(d)

the maintenance of a register of fishing vessels,

their owners, masters, crew and any other person working on

them;

(e)

the monitoring, control and surveillance of fishing

operations;

(f)

the regulation of the conduct of fishing operations

including aquaculture and operations ancillary thereto;

(g)

the issue, variation, suspension and revocation of

fishing permits and licences for fishing, and equipment used for

fishing, aquaculture, transhipment and other activities for which

permits or licences are required under this Act;

(h)

the collection of fees in respect of fishing permits

and licences, of entries in the fishing vessels register, and for all

other categories of permits and licences mentioned in paragraph

(g);

(i)

the making of such reports to the Minister as the

latter may require or as the Director shall consider appropriate;

(j)

the taking of appropriate measures in consultation

with such other authority as may from time to time be

responsible for the environment and for the safeguard against

extinction of protected species; and

(k)

any other matters

which

shall

require

administration under this Act.

(2)

The Director may authorise in writing any public officer to

exercise any or all of the powers of the Director under this Act either

concurrently with him or in his absence, subject to such conditions,

including those relative to territorial restrictions, as he may stipulate in

the authorisation.

(3) This Act shall be enforced by fisheries protection officers as

designated by the Director and acting under the direction of the

Director, and for that purpose fisheries protection officers shall have

the powers set out under this Act..

(1) There is hereby established a board to be known as the

Fisheries Board.

(2) The Board shall consist of the following members who shall

be appointed by the Minister

(a) one (1) member from the department responsible for

fisheries, having a grade which is at least equivalent to

that of a Director in the public service;

(b) one (1) member from the public entity having

responsibility for the enforcement of environmental

laws;

(c) one (1) member from the Armed Forces of Malta;

(d) one (1) member nominated from each fishermen’s co-

operative registered according to the Co-Operative

Societies Act and from each voluntary organisation

representing commercial fishermen on a national level;

(e) one (1) member being a recreational fisherman

nominated by the Federazzjoni tas-Sajjieda Dilettanti; and

(f)

eight (8) other members being active operators of

vessels authorised according to this Act to operate a

fisheries vessel and falling in one of these categories

(i)

two (2) members operating fishing vessels of

less than twelve (12) metres length which do not

use towed gear;

(ii) two (2) members operating fishing vessels of

less than twelve (12) metres length which are

subject to a fishing quota for specific fish;

(iii) one (1) member operating fishing vessels of

twelve (12) metres length or more which use

towed gear;

(iv) one (1) member operating fishing vessles of

twelve (12) metres length or more which are

subject to a fishing quota for specific fish;

(v) two (2) members operating fishing vessels

authorised to fish for lampuki with kannizzati

(fishing aggregating devices)

Provided that the eight (8) members shall be appointed by the

Minister after a call for expression of interest amongst those fishermen

who fall under these categories

Provided further that at least one (1) of such members shall

be forty (40) years of age or less

Provided further that at least one (1) of those members shall

be of the female gender.

(3) Members of the Board shall, subject to subarticles (4) and

(5), be appointed for a term of three years.

(4) A member of the Board may resign his office at any time

by giving notice in writing to the Minister.

(5) The Minister may at any time remove a member of the

Board on grounds of disability to perform his functions, bankruptcy

or neglect of duty.

(6) The quorum necessary for meetings of the Board shall be

the chairman or, in his absence, the deputy chairman and five other

members.

(7) The Minister shall appoint a Chairman of the Board from

amongst persons having proficient knowledge, competence and

experience in the fisheries sector

Provided that the Board shall appoint a Deputy Chairman and

a secretary from amongst the members appointed according to

paragraphs (d) to (f) of sub-article (2).

(8) Subject to the other provisions of this Act, the Board may

regulate its own procedures and meetings in such manner as it

deems proper.

It shall be the duty of the Board to advise the Minister on

any matter referred to it by the said Minister, and generally in

relation to the development, administration and conservation of the

fisheries of Malta and in particular shall -

(a) consider and make proposals for the making of

regulations under article 38, or any other legislation

which may affect the fishing industry;

(b) consider and make proposals for the introduction of

measures prohibiting or restricting the catching of

species of fish or other measures that would lead to the

conservation of fish stocks;

(c) Repealed by Act XIII.2025.3.

(d) consider any matters referred to it by a member of the

Board, by a government department or by a member of

the public and make its recommendations thereon if

and as the Board may consider appropriate;

(e) submit such proposals to the Government as it shall

consider appropriate;

(f)

submit an annual report of its activities to the Minister;

(g) have such other functions and duties as may be

prescribed.

PART IV

LOCAL FISHING VESSELS

(1) The Director shall maintain a record of local fishing

vessels including the beneficial owners, licence holders, masters, and

crew thereof.

(2) A person who intends to use a local fishing vessel for fishing

may apply in the prescribed manner to the Director for registration

in the record of fishing vessels.

(3)

A vessel shall not be recorded under this article unless -

(a) it has been registered under the Merchant Shipping

Act, if it is so required by law;

(b) the vessel carries such identification markings as may

be prescribed;

(c) the vessel carries such equipment and complies with

such other requirements as shall be prescribed;

(d) the owner of the vessel has supplied such information

or complied with such other requirements or

regulations as may be prescribed.

(4)

The Director may cancel an entry in the record of fishing

vessels under this article if any of the requirements of subarticle (3)

cease to be satisfied by the vessel entered in the record, but shall

restore such entry on being satisfied that the failure has been

remedied.

(5)

The certificate of entry in the record of local fishing

vessels shall, subject to subarticle (4), be valid for one year and

shall be renewable.

No local fishing vessel shall be used for commercial fishing

in -

(a) the fishing waters; or

(b) any area outside the fishing waters where a licence or

permit to fish is required under this Act;

unless it is entered in the record of fishing vessels under article 7

and it is authorised so to fish by a licence or permit granted under

this Act.

(1) The Minister may, by regulations, require the owners

of fishing vessels who desire to fish outside or within the fishing

waters to apply to the Director for a permit that allows fishing in

areas specified in such permits, an d as provi ded for in th e

regulations.

(2)

Regulations made under subarticle (1) fishing permits

which grant exclusive rights to fish in areas specified in such

permits, and as provided for in the regulations.

PART V

FOREIGN FISHING VESSELS

Fishing by a foreign fishing vessel in the fishing waters is

prohibited unless authorised by a licence granted under this Act.

The master of a foreign fishing vessel that has fish on board

shall -

(a) prior to entry of the vessel into the fishing waters; or

(b) prior to the vessel leaving an area of the fishing waters

in which the master, owner or charterer is licensed to

fish,

notify a fisheries protection officer of the amounts, descriptions and

presentation of fish on board the vessel.

PART VI

ALL FISHING VESSELS

(1) A fishing licence shall be granted to the master, owner

or charterer in respect of a specified fishing vessel.

(2) The issue of each fishing licence shall be at the discretion

of the Director who may, either authorise fishing generally, or for

the purposes of conservation, may confer limited authority in

writing by reference in particular to -

(a) the area in which fishing is authorised;

(b) the period, times or particular voyages during which

fishing is authorised;

(c) the descriptions, quantities, size and presentation of

fish which may be taken;

(d) the method of fishing.

(3) A fishing licence may authorise fishing either generally or

subject to such conditions as may appear to the Director to be

necessary or expedient for the regulation of sea fishing, or the

conservation or management of fisheries in the fishing waters and

in particular a licence may without prejudice to the generality of

the foregoing conditions, contain conditions with regard to -

(a) the landing of fish caught under the authority of the

licensee;

(b) the marking of the licensed fishing vessel;

(c) the records of fishing operations that shall be kept on

board the licensed fishing vessel;

(d) the navigation equipment and charts to be carried on

board the licensed fishing vessel; and

(e) the place or places where the licensed fishing vessel

may carry out transhipment of fish.

(4)

A fishing licence may be -

(a) varied from time to time, or

(b) revoked or suspended,

if this appears to the Director to be necessary or expedient for the

regulation of sea fishing, the conservation or management of

fisheries in the fishing waters or for the economic benefit of Malta.

(5) No court may issue a warrant of prohibitory injunction or

any other precautionary act, stopping the Director from doing

anything which prima facie is in his power to do in accordance with

this Act, before a final judgement that such action is illegal has

been delivered

Provided that where an appeal is made against the

Director’s decision in accordance with article 39, and until a final

decision is given on such appeal, the Director may not take any

action which is directly related with the matter subject to that

appeal.

(6) If a fishing licence is varied, revoked or suspended the

Director may, if he considers it appropriate in all the circumstances

of the case, refund the whole or any part of the fee charged for the

licence.

(7) No action for damages may be instituted against the

Director because of the exercise by him of the powers under sub-

article (4).

It shall be an offence for a master to retain or allow to be

retained on board a fishing vessel, within the fishing waters, fish

which has not been taken in accordance with a fishing licence or

fishing permit provided for under this Act or in that quantity that

does not exceed that amount permitted by the regulations for the

protection of fish stocks.

At any time when a fishing vessel is in any area of the

fishing waters or being a local fishing vessel is also in any area

outside the fishing waters and either -

(a) it is prohibited by this Act from fishing in that area; or

(b) it is covered, by a fishing licence or otherwise, to fish

only for certain species or descriptions of fish in that

area,

then its fishing gear or so much of the gear as is not required for

permitted fishing shall be stowed in such manner that it is not

readily available for use for fishing or in such manner as may be

prescribed.

The Director may require the master, the owner or the

charterer of the fishing vessel as well as the fish market trader (pitkal),

to provide him with such statistical information concerning fishing as

he may direct.

(1) The Minister may provide by regulations for the

licensing of the transhipment or receiving of fish by fishing vessels

in the fishing waters or the transport from the internal waters or

territorial seas by any vessel of fish transhipped from any other

vessel.

(2) Regulations made under subarticle (1) may apply such

restrictions and conditions on the granting of licences or permits as

the Minister shall consider appropriate and in particular may

provide for -

(a) the areas in which transhipping may take place;

(b) the times when fish may be transhipped or transported;

(c) the numbers of transhipments and transportations that

may be undertaken and the quantities and descriptions

of fish that may be transhipped or transported.

(3) Regulations made under subarticle (1) shall empower the

Director to impose such conditions on the grant of licences or

permits thereunder as he shall consider necessary for the regulation

of the transhipment or export of fish including conditions as to the

treatment on board fishing vessels of fish received on board and

different conditions may be imposed in respect of different fishing

vessels or fishing vessels of different descriptions.

PART VII

SPECIAL ARRANGEMENTS

(1) The Director may, after consultation with the Board, grant

a permit to a master, owner or charterer of a specified vessel

authorising fishing for scientific research purposes in the fishing

waters or specified areas of the fishing waters.

(2) The holder of a permit under subarticle (1) and the vessel

speci fied in such permit shall, sub ject to the provisions of

subarticles (3), (4) and (5), be exempt from the provisions of this

Act, as specified in such permit.

(3) The research vessel shall be subject to inspection by the

Director and the holder of the permit shall, on demand, submit to

the Director a report of operations.

(4) A permit granted under sub-article (1) shall be subject to such

conditions, which may include compliance with the provisions of this

Act, as specified in the permit.

(5) The Minister may by notice in writing given to the holder

of a permit under subarticle (1) -

(a) revoke the permit;

(b) vary or revoke the conditions to which the permit is

subject or specify further conditions to which the

permit shall be subject.

Repealed by Act XVII.2022.15.

PART VIII

ENFORCEMENT

(1) For the purpose of enforcing the provisions of this Act

a fisheries protection officer may exercise the following powers

with respect to any fishing vessel or any vessel engaged in fishing

in the fishing waters

(a) he may stop the vessel;

(b) he may require the master to stop fishing and take the

fishing gear of the vessel back on board;

(c) he may require the master to facilitate the boarding of

the vessel by all appropriate means;

(d) he may go on board the vessel and take with him such

other persons as he may require to assist him in the

exercise of his powers;

(e) he may require the master, the crew or any of them to

produce, and the officer may examine and take copies

of any certificate of registry, licence, official log book,

official paper, article of agreement, record of fish

caught and any other document relating to the vessel

and to the crew or any member thereof or to any

person on board the vessel, which is in their respective

possession or control on board the vessel;

(f)

he may muster the crew of the vessel;

(g) he may require the master to appear before him and

give any explanation concerning the vessel and any

crew or any person on board the vessel and any

document mentioned in paragraph (e);

(h) he may make any search, examination or enquiry

which he shall consider necessary to find out whether

any provision of this Act has been contravened;

(i)

if he has reasonable grounds for suspecting that any

person has committed an offence against this Act, he

may without summons, warrant or other process, take

the suspected offender, and take or require the master

of the vessel to take the vessel in question together

with the crew thereof, to a port or harbour in Malta for

the purpose of carrying out any search, examination or

enquiry and bring him or them before a competent

court and detain him and them and the vessel in Malta

until the alleged offence has been adjudicated upon;

(j)

he may, having regard to the safety of the vessel, take

steps to immobilise any fishing vessel detained in

accordance with this article;

(k) in the case of any infringement under this Act or

regulations made thereunder, he may detain any vessel

together with its equipment, stores and cargo if he

believes that these have been used in the commission of

such an infringement or in respect of which he believes

such infringement has been committed, or if the detained

objects are the result of an infringement;

(l)

he may seize or detain any fishing gear, instruments or

appliances which he believes have been used in the

FISHERIES CONSERVATION AND MANAGEMENT

commission of such offence;

(m) he may seize any fish which he believes have been

taken or fish products produced in the commission of

such offence;

(n) he may seize or detain or take copies of any documents

which he believes are relevant to any such offence.

(2) In exercising the powers referred to in subarticle (1) a

fisheries protection officer may use or employ such force as may be

reasonably necessary.

(3) The powers contained in this article may be exercised in

respect of a fishing vessel irrespective of whether the vessel is at

the time of such exercise engaged in fishing or any activities in any

way related to fishing.

(1) For the purpose of enforcing the provisions of this Act

a fisheries protection officer may -

(a) enter, at any reasonable time, any premises (other than

a dwelling) used for carrying on business in

connection with the operation of fishing vessels and

activities ancillary thereto or with the treatment,

storage or sale of fish;

(b) require any person on the premises to produce any

documents relating to the catching, landing,

transhipment, export, import, sale or disposal of fish;

(c) if he has reasonable grounds for suspecting that an

offence under this Act has been committed and that the

cause of the offence may be removed or suppressed -

(i)

enter and search without a warrant, with or

without assistance, any premises referred to in

paragraph (a), or any vehicle, aircraft, vessel or

other means of conveyance and open and search

any baggage, pack or other thing;

(ii) seize or detain any document or any gear or thing

that he believes has been used in the commission

of such offence;

(iii) seize any fish that he believes has been used,

handled or processed in the commission of such

offence;

(d) upon reasonable suspicion, stop and, or examine any

vehicle, as well as any other means of storage or

conveyance, wheresoever these may be, so as to

ascertain that the provisions of this Act are complied

with

Provided that for the purpose of this paragraph it shall

be sufficient for reasonable suspicion to exist if the

stop and examination is conducted on certain types of

vehicles or other means of storage or conveyance that

are normally used for the storage and conveyance of

fish, fishing gear or any other object in contravention

of the provisions of this Act, in particular areas and

places, and at particular times of the day, during which

such storage and conveyance normally takes place;

and

(e) in the circumstances referred under paragraph (d), he

may also seize any document, fish, fishing gear or any

other thing found during the examination if he

reasonably considers it as possible evidence of a

contravention or offence against this Act, or if it

otherwise assists in any investigation.

(2) A fisheries protection officer shall not be liable to any

action and, or prosecution at law for the fulfilment of his duties

under this article, including when the measures taken in fulfilment

thereof result in no evidence or in no contravention or offence

against this Act.

(1) For the purpose of enforcing the provisions of any

convention with respect to the conduct or safeguarding of fishing

operations to which Malta is a party, a convention fisheries officer

may in relation to a local fishing vessel and a fisheries protection

officer may in relation to a convention fishing vessel or a foreign

fishing vessel exercise anywhere within the convention area

outside the fishing waters the powers under article 19

Provided that, a fisheries protection officer and a conventions

fisheries officer may also impose additional enforcement and

complementary measures to safeguard the provisions of any

convention.

(2) This article does not authorise a fisheries protection officer

or convention fisheries officer to do anything not authorised by the

convention he purports to enforce nor authorise him to exercise in

relation to a vessel of a country which is a party to the convention

any power which the government of that country has informed the

other parties to the convention is not to be exercised in relation to

its fishing vessels.

(3) Any person who on any fishing vessel within the fishing

waters or on a local fishing vessel outside those waters, assaults any

such officer while exercising any of the powers conferred on him

under article 19 or wilfully obstructs such officer in the exercise of any

of those powers, shall be guilty of an offence and shall, on conviction,

be liable to a fine (multa) of not less than one thousand and two

hundred euro (€1,200) but not exceeding six thousand euro (€6,000).

(4) The provisions of subarticle (3) shall apply in relation to

things done on a local fishing vessel in a convention area outside

the fishing waters by or in relation to a convention fisheries officer

who is exercising powers to enforce the provisions of the

convention relating to that area as it applies in relation to things

done on any fishing vessel within those limits by or in relation to a

fisheries protection officer.

No civil or criminal action shall lie against a fisheries

protection officer or a convention fisheries officer in respect of any

act done or omitted to be done by him in good faith in the purported

exercise of his powers under this Act if there shall have been

reasonable cause for such act or omission.

(1)

Where any fish or any other thing of a perishable

nature is seized or detained under article 19 the Director may, after

ensuring that all evidence is preserved, notwithstanding any other

provision of this Act or any subsidiary legislation made thereunder,

either

(a) return the fish or other thing to the person from whom it

was seized or detained upon receiving sufficient and

adequate security in the form of a valid bank guarantee

payable upon request of the Director, and which, in the

opinion of the Director, is of equivalent commercial value

to the fish or other thing so seized or detained; or

(b) cause the sale by public auction of the fish or other thing

and, in the event that court proceedings are instituted,

deposit the proceeds of sale in court pending an order by

the court in respect of the forfeiture or otherwise of the

proceeds or release the proceeds to the person from

whom the fish or thing were seized or detained in

accordance with this Act; or

(c) destroy the fish when it is no longer safe for human

consumption or when it cannot be marketed according

to law, or when it risks causing a significant distortion

in the Maltese market; or

(d) donate the fish to organisations having a charitable or

philanthropic

purpose

and

exclusively

for

consumption, free of charge and as food, by its

members or beneficiaries.

(2)

Bank guarantees provided according to sub-article (1)(a)

shall be valid throughout any proceeding according to this Act

Provided that should a bank guarantee fail to remain valid

until an administrative decision or until a judgment becomes res

judicata, and if the Director has not been paid and the fish or other

thing has been returned

in accordance with sub-article (1)(a), the amount of said bank

guarantee shall ipso facto become due by the offender as an executive

title in favour of the Director,

without prejudice to any obligation to return any secured amount to

whoever they are due to according to law.

Repealed by Act XVII.2022.19.

Repealed by Act XVII.2022.19.

Repealed by Act XVII.2022.19.

PART IX

AQUACULTURE

(1) No person shall install or operate an aquaculture

establishment otherwise than under the authority of and in

accordance with the conditions of an aquaculture permit granted by

the Director under this Act. The issue of such permit shall be

subject to consultation by the Director with the Chairman of the

Authority for Transport in Malta and the Chairman of the Planning

Authority with regard to the allocation of an appropriate site for the

aquaculture establishment.

(2)

Repealed by Act XVII.2022.21.

(1) An aquaculture permit shall be granted to the person

specified therein and shall not be transferred without the prior

written consent of the Director.

(2) An aquaculture permit shall confer on the permit holder

exclusiv e ri ght s to harv est th e product s of the aquacul ture

establishment within the area specified in the permit either on land

or sea.

(3) An aquaculture permit shall be subject to such conditions as

appear to the Director to be necessary or expedient for the

regulation of aquaculture, the management of fisheries and the

economic benefit of Malta and in particular a permit may contain,

without prejudice to the generality of the foregoing -

(a) conditions as to the siting, design and materials used in

the construction of the aquaculture establishment;

(b) health conditions of fish;

(c) measures for the prevention of the escape of species of

fish introduced into Malta for aquaculture;

(d) measures for the prevention of the spread of fish

diseases to the wild stocks;

(e) commercial provisions relating to the marketing of

fish and fish products.

Without prejudice to any other power and, or proceeding

according to law, the Director may order the release into the sea of

any live fish held by or for a maritime aquaculture establishment,

and he may do so from wherever such fish is located, if he deems

that such fish is being held in breach of this Act or of any

subsidiary legislation made thereunder.

PART X

PROHIBITIONS AND OFFENCES

(1) Any person who in the fishing waters or on a local

vessel outside the fishing waters -

(a) uses any poison or other noxious substance for the

purpose of killing, stunning, disabling or catching fish

or in any way rendering such fish more easily caught;

or

(b) carries or has in his possession or control, any poison

or other noxious substance in circumstances indicating

an intention of using such explosive, poison or other

noxious substance for any of the purposes referred to

in paragraph (a),

shall be guilty of an offence against this article and shall be liable,

on conviction, to the penalty established in article 34 of the

Explosives Ordinance.

(2) Any poison, or other noxious substance found on board any

vessel shall be presumed, unless the contrary is proved, to be

intended for the purposes referred to in subarticle (1).

(1) Any person who -

(a) assaults, resists or wilfully obstructs a fisheries

protection officer in the exercise of his powers under

this Act; or

(b) refuses or neglects to comply with any order,

requisition or direction lawfully made or given under

this Act; or

(c) without reasonable cause fails to -

(i)

answer any question asked by a fisheries

protection officer; or

(ii) produce anything required to be produced,

in pursuance of this Act; or

(d) fails to allow a search or inspection under this Act; or

(e) prevents or attempts to prevent another person from

complying with such orders, requisitions or directions

or from answering such questions, producing anything

or allowing a search or inspection,

shall be guilty of an offence and shall be liable, on conviction, to a

fine (multa) of not less than four hundred and sixty-five euro and

eighty-seven cents (465.87) but not exceeding five thousand and

eight hundred and twenty-three euro and forty-three cents

(5,823.43).

(2)

Any person who -

(a) for the purposes of obtaining any licence, permit or

entry into the record of fishing vessels; or

(b) for the purported compliance with any requirement to

provide any information under this Act,

provides information which he knows to be false in a material

particular or recklessly provides information which is false in a

material particular, shall be guilty of an offence and shall be liable,

on conviction, to a fine (multa) of not less than four hundred and

sixty-five euro and eighty-seven cents (465.87) but not exceeding

two thousand and three hundred and twenty-nine euro and thirty-

seven cents (2,329.37).

(1) The licence holder and, or the master of a vessel shall

not use the said vessel in connection with any trade, business or

calling, whether in the territorial or inland waters of Malta or

outside the territorial or inland waters of Malta, for the purpose of

carrying on any trade, business or calling for which the said vessel

is not licenced.

(2) Whosoever contravenes the provisions of sub-article (1)

shall be liable on conviction -

(a) if the unlicenced activity consists in the carriage of

dangerous and polluting products including fuel and

other petroleum products, to the punishment of

imprisonment of not less than one year and not

exceeding three years and to a fine (multa) of not less

than ten thousand euro (€10,000) but not exceeding

two hundred and fifty thousand euro (€250,000) or to

both such fine and imprisonment;

(b) in all other cases, to imprisonment not exceeding two

years and to a fine (multa) of not less than five

hundred euro (€500) but not exceeding ten thousand

euro (€10,000) or to both such fine and imprisonment,

without prejudice to any other punishment that may be applicable

under any other law.

(3) The provisions of articles 121D, 248E(4) and 328K of the

Criminal Code shall, mutatis mutandis, apply to an offence referred

to in sub-article (1).

(4) In this article, the word "petroleum" means all natural

hydrocarbons whether in liquid or gaseous form, including crude

oil, liquefied petroleum gas and natural gas, and whether in a crude

or natural state or in a processed or refined form.

(1) Any person who contravenes any provision of this Act or

any subsidiary legislation made thereunder for which no penalty is

specifically provided shall, on conviction by a competent court, be

liable to a fine (multa) of not less than one hundred and fifty euro

(€150) but not exceeding eighty thousand euro (€80,000).

(2) Where any person is convicted of an offence against this

Act, the Court may, in addition to any other penalty that it may

impose, order that any fishing gear, instruments or appliances used

in the commission of such offence and any fish on board a fishing

vessel or the proceeds of sale thereof, if already sold, shall be

forfeited to the Government and if so forfeited shall be disposed of

in such manner as the Director, acting in his discretion, may direct.

(3) For the purposes of any proceedings under this Act, any

fish found on board a fishing vessel shall, unless the contrary is

proved, be presumed to have been caught -

(a) within the fishing waters or in an area where the vessel

is required to have a licence or permit to fish; and,

(b) within the vicinity of the vessel at the time the fish is

so found, where the licence or permit restricts the

vessel to fish in a particular area.

(4) An attempt to commit an offence under this Act shall itself

constitute an offence and may be dealt with in like manner as if the

attempted offence had been committed.

(5) Any master who tranships, receives on board a fishing

vessel, transports or in any other manner deals with fish caught or

transhipped in contravention of this Act shall be guilty of an

offence.

(6)

Repealed by Act XVII.2022.24.

(7)

Repealed by Act XIII.2025.4.

(8) The Director may, in respect of prosecutions and proceedings

for infringements under this Act or any subsidiary legislation made

thereunder produce evidence and participate in the prosecution of the

case together with the Police before the Court.

(9)

A certificate purporting to be signed by the Director or any

officer authorised by him for that purpose, to the effect that on a date

specified in the certificate

(a)

a fishing vessel specified in that certificate was

not entered in the register of fishing vessels, licensed or

specified in a fishing permit under this Act or any subsidiary

legislation made thereunder; or

(b)

the accused person or any other named person

was not the holder of a licence or fishing permit under this Act

or any subsidiary legislation made thereunder,

shall, in the absence of proof to the contrary, be sufficient evidence

of the matter stated in the certificate.

PART XI

COURT PROCEEDINGS, ADMINISTRATIVE

PROCEEDINGS AND PENALTIES

(1) Notwithstanding the provisions of article 370 of the

Criminal Code, the Court of Magistrates shall be the competent

Court to try all offences against this Act.

(2) Subject to the provisions of subarticle (1), proceedings

against any person for any offence against any of the provisions of

this Act shall be taken before the Court of Magistrates as a Court of

Criminal Judicature in accordance with the provisions of the

Criminal Code

Provided that notwithstanding the provisions of article

376(1)(b) of the Criminal Code, the Court shall, at the request of

any of the parties, take down the evidence given by the witnesses in

the manner provided for in article 391 of the said Code and in

article 3 of the Electro-magnetic Recording of Proceedings Act, or

in any law for the time being in force.

(3) Except where specifically provided otherwise, the

provisions of article 23 of the Criminal Code shall not be

applicable to offences against this Act.

(4) In respect of proceedings for offences against this Act the

Court may award the Government such costs and expenses,

including expenses incurred in exercise of the power under article

19(1)(i) and (j), incurred in relation to those proceedings as it may

deem proper.

(5) Notwithstanding the provisions of article 413(1)(b) of the

Criminal Code the Attorney General shall always have a right of

appeal from any judgement given by the Court of Magistrates,

sitting as a court of criminal judicature, in respect of proceedings

for an offence against this Act.

The Minister may by order make such provisions as he may

consider appropriate for the enforcement of any restriction or

obligation relating to sea fishing contained in a convention to which

Malta is a party and may provide in that order that any infringement of

any such restriction or obligation shall constitute an offence against

this Act or any subsidiary legislation made thereunder.

(1)

If the Director has reasonable cause to believe that an

infringement against this Act or any subsidiary legislation made

thereunder has been committed by any person he may cause a notice in

writing in accordance with sub-article (2) to be served on that person.

(2)

A notice in accordance with sub-article (1) shall specify and

provide

(a)

the date or time periods during which the alleged

infringement took place, and the nature thereof;

(b)

the provisions of the law which were or are

allegedly being breached;

(c)

a summary of the facts upon which the allegation

that the infringement was or infringements were committed is

based, being sufficiently detailed to inform the person of the

allegation against him;

(d)

any other matters that the Director considers

relevant to the imposition of a penalty;

(e)

the amount of the penalty due, being not less than

fifty euro (€50) and not more than sixty thousand euro

(€60,000);

(f)

if it so appears reasonable to the Director and

without prejudice to any other provision of the law, the security

to be given for the fish or the forfeiture of the proceeds of the

sale thereof mutatis mutandis in accordance with article 22A, as

well as a seizure and confiscation order in favour of the Director

of any fishing implement or any other thing related to the

infringement or obtained through it; and

(g)

if it so appears reasonable to the Director, and

without prejudice to any other provision of the law, a temporary

immobilisation order against the fishing vessel and, or the

suspension for a time period as may be specified of any licence,

and, or permit or other type of authorisation given in accordance

with the provisions of this Act or any subsidiary legislation

made thereunder, and the notice shall include a declaration that

such notice is being issued under this article.

(3)

Any person on whom a notice under sub-article (1) is served

may, within thirty (30) days after such service, by notice in writing

served on the Director require that proceedings in respect of the

alleged infringement shall be dealt with by the Court, in which case the

following provisions shall apply

(a)

no further administrative proceedings relating to

that particular infringement shall be taken under this article by

the Director; and

(b)

nothing in this article shall be construed as

preventing the institution of any proceedings in respect of the

alleged infringement or the conviction of that person by the

court or, following such conviction, the imposition of any

punishment or other enforcement or complementary measures

under this Act or any subsidiary legislation made thereunder

upon such conviction.

(4)

Any person on whom a notice under sub-article (1) is

served, who does not wish that proceedings in respect of the alleged

infringement shall be dealt with by the court may by notice in writing

served on the Director

(a)

admit the infringement; and

(b)

agree in writing to pay to the Director the amount

of the penalty set by the Director

Provided that payment should be effected in full within

thirty (30) days after the notice of the penalty is served, and in case of

default the provisions of sub-article (6) shall apply.

(5)

Where a person admits an infringement pursuant to the

preceding sub-article, the Director shall impose an administrative

penalty on that person in respect of the infringement and in

determining the amount of the penalty which is to be imposed, the

Director shall also take into account the following criteria, as

applicable

(a)

the nature and the extent of the damage caused to

fishing resources and the marine environment;

(b)

the

objective

circumstances

in

which

the

infringement was committed; and

(c)

the economic situation of the offender.

(6)

Any penalty imposed under sub-article (5) shall be due as a

civil debt enforceable by the competent court of civil jurisdiction in

favour of the Government and it shall constitute an executive title

according to law in the same manner as if it were a judgement of the

competent court of civil jurisdiction.

(7)

Notwithstanding any other provision of this Act or any

legislation made thereunder, where an infringement has been admitted

under this article and the relevant penalty has been paid, no criminal

proceedings may be instituted in respect of the same infringement

against the person by whom it has been admitted.

(8)

Where a person on whom a notice under sub-article (1) is

served does not, within thirty (30) days after the notice is served on

him, admit the infringement and agree in writing to pay the penalty

notified to him by the Director in accordance with sub-article (4), the

Director shall institute proceedings or cause proceedings to be

instituted before the Court in respect of the alleged infringement.

(9)

The provisions of this article shall not apply to any offence

in respect of which criminal proceedings have already been instituted.

(10) The Director shall personally and independently exercise his

powers under this article, and in the exercise of such powers he shall

not be subject to the direction or control of any other person or

authority.

Repealed by Act XVII.2022.27.

Repealed by Act XVII.2022.27.

PART XII

GENERAL

It shall be in the power of the Director to establish a

satellite-based monitoring system to monitor the position of fishing

vessels as well as fisheries monitoring centres.

The Director shall have the power to forward any

information concerning fishing effort, by any fishing vessels, to

any third party, as he shall deem fit.

(1) The Minister may make regulations for the better

carrying into effect of the purposes of this Act.

(2) In particular and without prejudice to the generality of

subarticle (1), such regulations may provide for

(a) anything which is to be or may be prescribed under

this Act;

(b) the conservation, management and protection of fish

FISHERIES CONSERVATION AND MANAGEMENT

resources including the establishment of closed areas

and closed seasons, the prescription of the limits on

the amounts, sizes and weights of fish caught, retained

or traded, the prescription of mesh sizes of nets, the

control and use of types of fishing gear, the control and

prohibition of methods of fishing and the protection of

fish stocks and their habitats from the actual or

potential effects of pollution or from the actual or

potential effects of measures taken to eliminate or

control pollution;

(c) the establishment and management of marine areas for

the preservation of fish stocks, including their means

of sustenance;

(d) the licensing of any kind of fishing including any

activity related to fishing and the various registers

necessary including the fishing vessel register;

(e) the regulation of amateur and recreational fishing;

(f)

a quota or total allowable catch for any fish or in

respect of any method of fishing in any part of the

fishing waters and authorising the Director to allocate

any such quota or total allowable catch to such

commercial fishermen as he may specify by notice in

the Gazette;

(g) the control of the exploitation of coral and sponge

resources;

(h) the protection of turtles, dolphins and other aquatic

animals;

(i)

the regulation of the importation of live marine or

freshwater fish and fry, eggs and spawn thereof;

(j)

the promotion and control of the cultivation of fish

including the issue by the Director of a code of

practice for the maintenance and operation of

aquaculture establishments;

(k) the regulation of the landing of fish including the

designation of landing places and the control of the

handling and transportation of fish and fish products;

(l)

the regulation of the marketing of fish including the

designation of fish markets, the control of fish

auctions and the registration of fish buyers and

dealers;

(m) the regulation of market intervention schemes;

(n) the commercial regulation of the export and import of

fish and fish products;

(o) the control of quality standards and grading of fish

sold, exported or imported;

(p) the payment of fees on applications for permits,

licences and registrations and on the issue of permits,

licences or registrations; as well as the provision by

applicants for licences and licensees of bonds or other

forms of security for securing their compliance with

the obligations under the terms and conditions of their

licences;

(q) the conditions and procedures for applications for any

permits, licences or registrations, or other documents

and the forms to be used therefor;

(r) the appointment of local agents for foreign fishing

vessels;

(s) the placing of observers on fishing vessels;

(t)

to regulate any satellite based monitoring systems that

may be established under article 36, and to impose

such obligations on fishing vessels necessary for the

proper operation of such system;

(u) he control of public fish landing places;

(v) reports to be made for the purposes of this Act;

(w) compliance with, and the implementation of,

obligations of Malta under any convention and, or

treaty, and may include the application to convention

vessels of any of the provisions of this Act which do

not relate exclusively to foreign fishing vessels with

any necessary modifications to provisions relating to

any matters including qualifications for ownership of

fishing vessels;

(x) health and safety regulations as may be deemed

proper; and

(y) the establishment of a point system for any infringement

under this Act or any subsidiary legislation made

thereunder.

(3) Without prejudice to sub-article (1), the Minister may by

regulations prescribe offences, penalties, measures and, or

proceedings, be they criminal or administrative, for any provision

of this Act if this Act does not provide thereon, and he may also do

so for any provision in subsidiary legislation done under this Act.

(4) Without prejudice to any penalty point system established

by the Minister, any regulations made by the Minister according to

this article which provide for administrative proceedings shall be

without prejudice to article 33 and such regulations shall follow the

requirements of article 33.

Without prejudice to any provision of this Act granting the

Minister the power to make regulations, and without prejudice to

article 3 and the related exercise of sovereign rights, the Minister may,

subject to the provisions of the Exclusive Economic Zone Act, from

time to time, make, amend, substitute or repeal regulations for the

purpose of regulating, prescribing or otherwise providing for any

matters regulated by or under this Act or by or under any subsidiary

legislation made thereunder, in respect of an exclusive economic zone

area or an environment protection area as defined in the Exclusive

Economic Zone Act or any activities therein including, but not

limited, to the applicability or otherwise of this Act and, or of any

subsidiary legislation made thereunder.

Repealed by Act XVII.2022.31.

PART XIII

SAVINGS

Repealed by Act XVII.2022.31.

(1)

The Administrative Review Tribunal established by

article 5 of the Administrative Justice Act shall be competent to hear

and determine appeals made by any person aggrieved by any decision

of the Director under article 33, as well as decisions not to grant or

renew, or to suspend or revoke an authorisation, a licence or a permit,

or to impose conditions, limitations or exclusions therein

Provided that, unless otherwise specified by law, an appeal

lodged in terms of this sub-article before the Administrative Review

Tribunal shall be filed within twenty (20) days from the notification of

the Director’s decision.

(2)

There shall be a right of appeal in accordance with the

provisions of Part IV of the Administrative Justice Act, from

decisions of the Administrative Review Tribunal delivered pursuant to

the preceding sub-article, to the Court of Appeal (Inferior Jurisdiction).

PART XIV

TRANSITORY PROVISION

The provisions of this Act shall remain in force for the

purpose of any act, decision or proceedings taken prior to the coming

into force of the Fisheries Conservation and Management

(Amendment) Act, 2022, in respect of any offence under this Act that

was committed prior to the said date.