Enforcement of Sea Fishing Conventions (Amendment)

L.N. 339 of 2012

FISHERIES CONSERVATION AND MANAGEMENT ACT

(CAP. 425)

Enforcement of Sea Fishing Conventions (Amendment)

Order, 2012

IN exercise of the powers conferred by article 32 of the

Fisheries Conservation and Management Act, the Minister for

Resources and Rural Affairs, has made the following Order:-

The title of this Order is the Enforcement of Sea Fishing Citation.

Conventions (Amendment) Order, 2012, and this Order shall be read

and construed as one with the Enforcement of Sea Fishing S.L. 425.08

Conventions Order, hereinafter referred to as "the principal Order".

In article 2 of the principal Order, immediately after the Amends article

definition "convention", there shall be added the following new 2 principal

definitions

" "illegal, unreported and unregulated fishing" or "IUU

fishing" means fishing activities which are illegal, unreported or

unregulated;

"illegal fishing" means fishing activities

(a) conducted by national or foreign fishing

vessels in the maritime waters under the jurisdiction of a

state, without the permission of that state, or in

contravention of its laws and regulations;

(b) conducted by fishing vessels flying the flag of

states that are contracting parties to a relevant regional

fisheries management organization, but which operate in

contravention of the conservation and management

measures adopted by that organization and by which those

states are bound, or of relevant provisions of the applicable

international law; or

(c) conducted by fishing vessels in violation of

national laws or international obligations, including those

undertaken by cooperating states to a relevant regional

fisheries management organization;

"unreported fishing" means fishing activities

(a) which have not been reported, or have been

misreported, to the relevant national authority, in

contravention of national laws and regulations; or

(b) which have been undertaken in the area or

competence of a relevant regional fisheries management

organization and have not been reported, or have been

misreported, in contravention of the reporting procedures

of that organization;

"unregulated fishing" means fishing activities

(a) conducted in the area of application of a

relevant regional fisheries management organization by

fishing vessels without a nationality, by fishing vessels

flying the flag of a state not party to that organization or by

any other fishing entity, in a manner that is not consistent

with or contravenes the conservation and management

measures of that organization; or

(b) conducted in areas or for fish stocks in

relation to which there are no applicable conservation or

management measures by fishing vessels in a manner that

is not consistent with state responsibilities for the

conservation of living marine resources under international

law.".

Article 4 of the principal Order shall be substituted by the

following

" Offences and

(1)

Any person who does not

comply with any restriction or obligation

penalties.

relating to sea fishing contained in any of the

conventions to which this Order applies shall

be guilty of an offence against the Act.

(2) Any person found guilty having

committed, or held liable for, an offence, that

is shown to be serious in terms of the

convention from which it arises, shall be

liable to a fine (multa) of five times the value

of the fishery products obtained by

committing the serious infringement.

B B 2969

(3) Any person found guilty of having

committed, or held liable for, a repeated

offence within a five-year period, that is

shown to be serious in terms of the

convention from which it arises, shall be

liable to a fine (multa) of eight times the value

of the fishery products obtained by

committing the serious infringement.

(4) Any person found guilty of having

committed, or held liable for, an offence, that

is shown to be serious in terms of the

convention from which it arises, where no

fishery products were obtained by committing

the said serious infringement, shall be liable

on conviction to a fine (multa) of not less than

one thousand euro (€1000) and not more than

ten thousand euro (€10,000). In determining

the amount of the fine which is to be imposed,

regard shall be had to the prejudice caused to

the fishing resources and the marine

environment, as well as to the economic

situation of the offender and any repetition of

an infringement.

(5) Any person found guilty of having

committed, or held liable for, an offence, that

is shown to be minor in terms of the

convention from which it arises, shall be

liable to a fine (multa) equivalent to the value

of the fishery products obtained by

committing the infringement.

(6) Any person who is found guilty of

having committed, or held liable for, an

offence, that is shown to be minor in terms of

the convention from which it arises, where no

fishery products were obtained by committing

the said serious infringement, shall be liable

on conviction to a fine (multa) of not less than

fifty euro (€50) and not more than one

thousand euro (€1,000). In determining the

amount of the fine which is to be imposed

regard shall be had to the prejudice caused to

the fishing resources and the marine

environment, as well as to the economic

situation of the offender and any repetition of

an infringement

B B

2970 2970

Provided that where the offence, in

relation to which a penalty is being quantified

in terms of this Order, is specifically

contemplated in the Act and where the Act

provides for a specific penalty in respect of

that same offence, the penalty imposed in

terms of this Order shall under no

circumstance exceed the maximum penalty

contemplated therein

Provided further that where any such

convention provides for a further or more

specific penalty in respect of a violation of

any of its provisions, such penalty shall be

applicable in respect of violations to such

provisions

Provided further that for the purpose of

this Order an offence shall be deemed to be

serious where

(a)

the violation constitutes a

repeated offence by the master or

captain or owner of the fishing vessel; or

(b)

the fishing vessel is not in

possession of a valid fishing licence

granted under the Act; or

(c)

the fishing vessel is not in

possession of a valid authorization and,

or permit as required by the Act; or

(d)

any required catch reports

were intentionally left incomplete and,

or inaccurate; or

(e)

any required notification

reports were not sent; or

(f)

the master or the captain or

the owner of the fishing vessel was

fishing in a closed area; or

(g)

the master or the captain or

the owner of the fishing vessel was

fishing during a closed season; or

(h)

the master or the captain or

the owner of the fishing vessel was

fishing without having obtained a quota

for the vessel or beyond the quota

granted to the vessel in terms of the Act;

or

(i)

the master or the captain or

the owner of the fishing vessel was

fishing beyond a closed depth; or

(j)

the master or the captain or

the owner of the fishing vessel engaged

in direct fishing for a stock which is

subject to a moratorium or in respect of

which fishing is prohibited; or

(k)

where there is reasonable

cause to believe that the master or the

captain or the owner of the fishing

vessel used prohibited or non-compliant

fishing gear; or

(l)

the master or the captain or

the owner of the fishing vessel falsified

or intentionally concealed its markings,

identity or registration; or

(m)

the master or the captain or

the owner of the fishing vessel

concealed, tampered with and, or

disposed of any evidence which is the

subject of an investigation; or

(n)

the master or the captain or

the owner of the fishing vessel

obstructed the work of the fisheries

officials or any other competent

authority; or

(o)

the master or the captain or

the owner of the fishing vessel took on

board,

transshipped

or

landed

undersized fish; or

(p)

the master or the captain or

the owner of the fishing vessel

transshipped or participated in joint

fishing operations with, supported or

resupplied

other

fishing

vessels

identified as having engaged in IUU

fishing; or

(q)

the master or the captain or

the owner of the fishing vessel carried

out fishing activities in the area of a

regional

fisheries

management

organization in a manner inconsistent

with, or in contravention of the

conservation and management measure

of that organization, and is flagged to a

State not party to that organization or

not cooperating with that organization

as established by that organization; or

(r)

the fishing vessel has no

nationality and is therefore stateless in

accordance with international law; or

(s)

the master or the captain or

the owner of the fishing vessel failed to

transmit a landing declaration or a sales

note when the landing of the catch took

place in the port of a third country; or

(t)

the master or the captain or

the owner of the fishing vessel

manipulated an engine with the aim of

increasing its power beyond the

maximum continuous engine power

according to the engine certificate; or

(u)

the master or the captain or

the owner of the fishing vessel failed to

land any species subject to a quota

caught during a fishing operation.

(7) The provisions of article 33 of the

Act shall apply in the case of a second or

subsequent conviction to a convention listed

in the Schedule to this Order.".

€0.54