Fishing Vessels Regulations, 2004

L.N. 407 of 2004

FISHERIES CONSERVATION AND MANAGEMENT ACT,

(ACT NO. II OF 2001)

Fishing Vessels Regulations, 2004

IN exercise of the powers conferred by article 38 of the Fisheries

Conservation and Management Act, 2001 the Minister for Rural Affairs

and the Environment, with the concurrence of the Minister of Finance,

has made the following regulations>-

The title of these regulations is the Fishing Vessels Regulations,

2004. In these regulations, unless the content otherwise requires -

“Act” means the Fisheries Conservation and Management Act,

2001<

“Department” means the Department responsible for fisheries

and aquaculture.

“Director” means the officer responsible for fisheries and

aquaculture<

“Fishing Vessels Register” means the register of local fishing

vessels kept by the Director in terms of regulation 8 of these

regulations<

“Minister” means the Minister responsible for fisheries and

aquaculture<

(a) Every vessel being used for fishing shall be licensed for

such an activity and registered in the Fishing Vessels Register.

(b) Fishing vessels of all categories of six metres or over in

length shall also be registered under the Merchant Shipping Act.

(c) The issued licence shall be kept on board the vessel at

all times. Fishing vessels of all categories could be used for purposes

described in the licence.

(d) These vessels could be used temporarily for any other

purpose following an approval of a request to the Director.

Any fishing vessel which requires any other registration in Other laws or

conventions.

accordance with any provision of prevailing maritime laws or other

conventions, may obtain such other registration following the registration

of such fishing vessel in the Fishing Vessels Register.

(a) The owner or charterer or captain of a fishing vessel Application forms.

shall apply for the registration and licensing of such vessel using the

form indicated in Schedule I to these regulations. This form shall be

accompanied by a certificate indicating the tonnage and length of the

vessel and it shall be issued in accordance with the related requirements

of the Merchant Shipping Act and all regulations relative to tonnage

made thereunder.

(b) The owner and, or captain or master of the fishing vessel Eligibility.

shall be resident in Malta in terms of the provisions of the Immovable

Property (Acquisition by Non-Residents) Act.

(a) Vessels requesting inclusion in the Fishing Vessels Inspections prior to

first registrations

Register for the first time shall be present in the registration port so that and renewals.

the necessary inspections could be carried out.

(b) Before every renewal of its registration and fishing

licence, the fishing vessel and its gear shall be inspected, and the

expenses incurred for this purpose shall be met by the owner, charterer

and, or captain of the vessel when these are carried out in a port outside

Malta.

Unless a licence indicates otherwise, the duration of this fishing Licence period.

licence shall be for a period of one year from its date of issue, and for a

period of 24 hours in the case of each fishing trip.

(a)

There shall be kept a Fishing Vessels Register by the Fishing Vessels

Register.

Director.

(b) These shall be identified in the Fishing Vessels Register

various categories of fishing vessels as follows>-

A. Professional Fishing Vessels – Full-time

B. Professional Fishing Vessels – Part-time

C. Non-Commercial Fishing Vessels i.e. recreational

D. Auxiliary Vessels (work boats) used in fishing

operations.

(c) The registration and the licence shall be paid in

accordance with Schedule II to these regulations. The rate for the

registration shall be paid on first registration of the vessel and every

time it is transferred inter vivos, unless it falls under the conditions of

regulation 9 of these regulations, so however that in the case of a transfer

inter vivos this should be effected to immediate members of the family.

In the case that the vessel requests a transfer whilst being subject to any

measure mentioned herein, the transfer could take place as long as the

new person and, or owner takes on all the responsibilities of the case.

If a fishing vessel of category A or B does not register a catch

and sale of fish of value as shown in Schedule III to these regulations,

such vessel shall be recorded in a temporary register where it can remain

for three years, in which period it could or shall restart its commercial

fishing activity totally or shall otherwise continue to work on a low

scale and shall therefore be included in Category C. A vessel losing its

registration in Category A or B shall pay Lm1,000 in order to regain its

right of registration in these categories.

The fishing vessels of all categories in the Fishing Vessel

Register which are less than six metres in length shall not be allowed to

carry out fishing activities or related activities beyond 12 nautical miles.

The fishing vessels of six metres or over in length are allowed

Fishing vessels over

to fish in all fishing waters as well as in international waters or

convention waters as indicated in the licence.

(a) Every fishing vessel registered in Categories A, B and

Fishing vessels over

C which is 10 metres or over in length should keep details in a logbook

which should be kept on board at all times, with declarations on catches

and fishing activities, in accordance with the Schedule IV to these

regulations.

(b) The logbook indicated in the said Schedule IV shall be

filled in when the fishing vessel enters the port.

(c) A copy of the logbook shall be sent to the Department

within 48 hours from when the fish is landed.

(d) The weights of fish which are recorded in this part could

vary up to 20% from the quantity of fish taken on board.

(e) The catch declaration which is found below the dark

black line in the said Schedule IV shall be filled in with the exact weight

of the fish and submitted to the Department within 48 hours from the

sale of fish.

(f) Catches of one species of fish larger than 50 kilograms

shall be registered in the logbook. If the species is not listed in the

existing column, an empty column should be used for the species.

Fishing vessels over 24 metres in length registered after the Fishing vessels over

1st January, 2002 shall be in conformity with the Torremolinos 24 metres long.

Convention.

(a) All fishing vessels shall, during operations, have safety Safety Equipment,

equipment according to Schedule V to these regulations which shall etc.

also be in conformity with all other regulations issued by the competent

authorities from time to time.

(b) The owner of a fishing vessel shall satisfy the Director

that the vessel is seaworthy and that the machinery and gear, if existing,

are suitable for the intended use of the vessel and are certified as such

by a marine surveyor appointed in terms of the provisions of article 367

of the Merchant Shipping Act.

(c) Owners of fishing vessels should abide by the regulations

on collisions under the Merchant Shipping Act.

The captain, second officer and navigation officer and Qualification of

communication officers of a fishing vessel having a length of more captain etc.

than 24 metres overall which has been registered since 1st January,

2002 shall be qualified as stated in the International Convention on

Standards of Training, Certification and Watchkeeping for Fishing

Vessels.

(a) All vessels longer than 20 metres between Satellite monitoring

perpendiculars or 24 metres in length overall cannot fish in all waters if system.

they do not have an operating satellite monitoring system approved by

the Department.

(b) The Director may order by notice in the Gazette any

other fishing vessel different from those in paragraph (a) of this

regulation to install an approved monitoring system and to follow the

same conditions of paragraphs (a), (c), (d) and (e) hereof.

(c) If for some reason this system stops working during the

fishing trip the captain or owner are bound to communicate the exact

position of the fishing vessel by other means every two hours to the

Department. The captain or owner of the fishing vessel shall come into

port within 24 hours from when the automatic system stops functioning.

(d) In the failure to deliver this communication the captain

shall stop his activities and return to port.

(e) The relevant details for the identification of the vessel

within this system will be confidential and will be the responsibility of

such person as is delegated by the Director.

(a) The official number of fishing vessels which are six

metres or over in length and are registered under the Merchant Shipping

Act, and the number indicating their registered tonnage shall be incised

on the inside of their keel.

(b) The name and base port of the vessels of six metres or

over in length registered under the Merchant Shipping Act shall be

marked on the stern with coloured letters which show up on the base

colour of the vessel according to the provisions of the Merchant Shipping

Act.

(a) Every vessel shall display the number assigned to it by

the Department on both sides of the bow. The colour of these numbers

should show up on the base colour of the vessel.

(b) Vessels up to six metres in length shall display a number

which is at least 10cm high and 2 cm wide.

(c) Vessels over six metres but less than 10 metres in length

shall display numbers which are 20cm high and 3cm wide.

(d) Vessels over 10 metres but less than 17 metres in length

shall display numbers which are 25cm high and 4 cm wide.

(e) Vessels over 17 metres in length shall display numbers

which are at least 45cm high and six cm wide.

(a) Every fishing vessel may only use the gear indicated in

any licence issued to it.

(b) All equipment on board and deployed at sea during

fishing shall be marked with the number of the vessel indicated in

regulation 18 of these regulations.

Vessels that are 17 metres or over in length shall carry a

Fishing vessels over

certificate in accordance with the Sixth Schedule to these regulations

as approved by the Director of the Food and Veterinary Division, and

plans of the fish holds which indicate the volume in cubic metres and

the temperature which they are capable of maintaining. This certificate

and the plans shall indicate the presence of cold water tanks on board.

(a) The Director may order the presence of an observer Observer on board

during fishing by means of a letter sent to the owner or captain or master vessel.

of the vessel.

(b) The observer shall be appointed to remain on board for

different periods but for not more than three months. Such observer

may not leave the vessel during the period in which he is in charge

unless he is replaced by another observer.

(c) The captain or master of the vessel shall give all facilities

to the observer and co-operate with him in his duties on the vessel.

(d) The captain or master of the vessel who shall be informed

in accordance with paragraph (a) of this regulation shall endeavour to

facilitate the arrival and departure of the observer on the vessel. During

the visit of the observer the captain or master shall provide him with

accommodation and appropriate working facilities as indicated in

Schedule VII to these regulations.

Any person who infringes any provision of these regulations Offences and

penalties.

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

(multa) of not less than five hundred liri (Lm500) but not exceeding

two thousand five hundred liri (Lm2,500) for each contravention.

(a) The Registration of Fishing Boats Regulations, 1988 Repeals L.N. 90 of

1988. are hereby repealed.

(b) The existing vessels included in the current Fishing

Vessels Register will be transferred automatically to the new register

as appropriate. In this respect wherever there are rights of registration

with the Department, such rights shall apply to vessels registered after

the date of publication of these regulations.

(c) All fishing vessels which are presently included in the

Fishing Vessels Register and which still require a registration with the

Malta Maritime Authority and, or a radio licence or which still need to

meet any other obligation in accordance with these regulations shall

regularise their position by the 1st January, 2004.

(d) In the case of a fishing vessel failing to observe the

provisions of paragraph (c) hereof, such vessel shall automatically lose

its fishing licence and registration in the Fishing Vessels Register, and

the application for a new licence by such fishing vessel shall be

considered as a new registration in the said Register.