Point System for Serious Infringements Order, 2013

L.N. 406 of 2013

FISHERIES CONSERVATION AND MANAGEMENT ACT

(CAP. 425)

Point System for Serious Infringements Order, 2013

IN exercise of the powers conferred by article 32 of the

Fisheries Conservation and Management Act, the Minister for

Sustainable Development, the Environment and Climate Change has

made the following Order:-

The title of this Order is the Point System for Serious Citation.

Infringements Order, 2013.

POINTS TO BE ASSIGNED FOR SERIOUS INFRINGEMENTS

Serious Infringement

Not fulfilling of obligations to record and report catch or

catch related data, including data to be transmitted by satellite

vessel monitoring system

(Article 90 paragraph 1 of the Regulation (EC) No. 1224/

2009 in conjunction with Article 42 paragraph 1(a) and

Article 3 paragraph 1(b) of Regulation (EC) No 1005/2008)

Use of prohibited or non-compliant gear according to EU

legislation

(Article 90 paragraph 1 of the Regulation (EC) No. 1224/

2009 in conjunction with Article 42 paragraph 1(a) and

Article 3 paragraph 1(e) of Regulation (EC) No 1005/2008)

Falsification or concealing of markings, identity or

registration

(Article 90 paragraph 1 of the Regulation (EC) No. 1224/

2009 in conjunction with Article 42 paragraph 1(a) and

Article 3 paragraph 1(f) of regulation (EC) No 1005/2008)

Concealing, tampering or disposal of evidence relating to an

investigation

(Article 90 paragraph 1 of the Regulation (EC) No. 1224/

2009 in conjunction with Article 42 paragraph 1(a) and

Article 3 paragraph 1(g) of Regulation (EC) No 1005/2008)

Taking on board, transhipping or landing of undersized fish in

contravention of the legislation in force

(Article 90 paragraph 1 of the Regulation (EC) No. 1224/

2009 in conjunction with Article 42 paragraph 1(a) and

Article 3 paragraph 1(i) of regulation (EC) No 1005/2008)

Carrying out of fishing activities in the area of a regional

fisheries management organisation in a manner inconsistent

with or in contravention of the conservation and management

measures of that organisation

(Article 90 paragraph 1 of the Regulation (EC) No. 1224/

2009 in conjunction with Article 42 paragraph 1(a) and

Article 3 paragraph 1(k) of Regulation (EC) No 1005/2008)

Serious Infringement

Fishing without a valid licence, authorization or permit issued

by the flag State or the relevant coastal State

(Article 90 paragraph 1 of the Regulation (EC) No. 1224/

2009 in conjunction with Article 42 paragraph 1(a) and

Article 3 paragraph 1(a) of Regulation (EC) No 1005/2008)

Fishing in a closed area or during a closed season, without or

after attainment of a quota or beyond a closed depth

(Article 90 paragraph 1 of the Regulation (EC) No. 1224/

2009 in conjunction with Article 42 paragraph 1(a) and

Article 3 paragraph 1(c) of regulation (EC) No 1005/2008)

Directed fishing for a stock which is subject to a moratorium

or for which fishing is prohibited

(Article 90 paragraph 1 of the Regulation (EC) No. 1224/

2009 in conjunction with Article 42 paragraph 1(a) and

Article 3 paragraph 1(d) of Regulation (EC) No 1005/2008)

Obstruction of work of officials in the exercise of their duties

in inspecting for compliance with the applicable conservation

and management measures or the work of observers in the

exercise of their duties of observing compliance with the

applicable European Union rules

(Article 90 paragraph 1 of the Regulation (EC) No. 1224/

2009 in conjunction with Article 42 paragraph 1(a) and

Article 3 paragraph 1(h) of Regulation (EC) No 1005/2008)

Transhipping to or participating in joint fishing operations

with, support or re-supply of fishing vessels identified as

having engaged in IUU fishing under Regulation (EC) No

1005/2008, in particular those included in the Union IUU

vessel list or in the IUU vessel list of a regional fisheries

management organisation

(Article 90 paragraph 1 of the Regulation (EC) No. 1224/

2009 in conjunction with Article 42 paragraph 1(a) and

Article 3 paragraph 1(j) of regulation (EC) No 1005/2008)

Use of a fishing vessel with no nationality and that is

therefore a stateless vessel in accordance with international

law

(Article 90 paragraph 1 of the Regulation (EC) No. 1224/

2009 in conjunction with Article 42 paragraph 1(a) and

Article 3 paragraph 1(l) of regulation (EC) No 1005/2008)

€0.90

In this Order, unless the context otherwise requires

Interpretation.

"Act" means the Fisheries Conservation and Management Act;

"the Authority" means the Fisheries Control Directorate as

established by the Act;

"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.

"VMS data" or "vessel monitoring system data" means data on

the fishing vessel identification, geographical position, date, time,

course and speed transmitted by satellite-tracking devices installed on

board fishing vessels to the fisheries monitoring center of its flag

state.

(1) A penalty system shall apply for every person who

is the holder of a fishing license issued pursuant to the Act for a

Maltese fishing vessel and to the Master of such vessel so licensed.

(2) Any such license holder and Master who does not comply

with any restriction or obligation relating to sea fishing contained in

the Act or in any of the Conventions to which the Enforcement of Sea

Fishing Conventions Order applies shall be guilty of an offence

against the Act.

(3) Any such license holder and Master having committed or

having been held liable for an offence, that is shown to be serious in

terms of the Act or the Convention from which it arises and which is

listed as such in the Schedule to this Order, shall in addition to any

other penalty to which he may be liable under any other law, be

assigned points for the serious infringement.

(1) The number of points for serious infringements shall Assignment of

be assigned to the license holder and the Master of the vessel in points.

accordance with the Schedule.

(2) When two or more serious infringements by the same

natural or legal person holding the license or the Master of the vessel

are detected in the course of one inspection, points shall be assigned

in respect of each serious infringement concerned to the holder of the

license and the Master of the vessel up to a maximum of twelve

points.

(3) The holder of the fishing license and the Master of the

vessel shall be informed that points have been assigned to them and

of the number of points assigned.

(4) The points shall be assigned to the holder of the license

and the Master of the vessel on the date stipulated in the decision of

the Authority wherein the points are assigned.

(5) Where the Authority is properly notified by another

Member State of a serious infringement committed by the holder of a

Maltese fishing license issued pursuant to the Act or by the Master of

a vessel so licensed, the Authority shall itself assign the appropriate

penalty points to the holder of the fishing license, issued pursuant to

the Act, and to the Master of such vessel so licensed.

Where the ownership of a fishing vessel is being Transfer of

transferred under any title whatsoever, the holder of the fishing ownership.

license shall inform the prospective owner of the number of points

which are still assigned to the fishing license by means of a certified

copy obtained from the Authority.

(1) When the total number of points assigned to the Suspension and

holder of a fishing license equals or exceeds eighteen points, the permanent

withdrawal of a

fishing license shall be automatically suspended for a period of two fishing license.

months.

(2) When the total number of points assigned to the Master of

a Maltese fishing vessel licensed under the Act equals or exceeds

eighteen points, the Master shall be automatically suspended from

acting as Master on any fishing vessel for a period of two months.

(3) When the total number of points assigned to the holder of a

fishing license equals or exceeds thirty-six points, the fishing license

shall be automatically suspended for a period of four months.

(4) When the total number of points assigned to the Master of

a Maltese fishing vessel licensed under the Act equals or exceeds

thirty-six points, the Master shall be automatically suspended from

acting as Master on any fishing vessel for a period of four months.

(5) When the total number of points assigned to the holder of a

fishing license equals or exceeds fifty-four points, the fishing license

shall be automatically suspended for a period of eight months.

(6) When the total number of points assigned to the Master of

a Maltese fishing vessel licensed under the Act equals or exceeds

fifty-four points, the Master shall be automatically suspended from

acting as Master on any fishing vessel for a period of eight months.

(7) When the total number of points assigned to the holder of a

fishing license equals or exceeds seventy-two points, the fishing

license shall be automatically suspended for a period of one year.

(8) When the total number of points assigned to the Master of

a Maltese fishing vessel licensed under the Act equals or exceeds

seventy-two points, the Master shall be automatically suspended from

acting as Master on any fishing vessel for a period of one year.

(9) When the total number of points assigned to the holder of a

fishing license equals or exceeds ninety points, the fishing license

shall be automatically permanently withdrawn.

(10) When the total number of points assigned to the Master of

a Maltese fishing vessel licensed under the Act equals or exceeds

ninety points, the Master shall be automatically permanently

precluded from being a Master on any fishing vessel.

(1) Where a fishing license is suspended or permanently

withdrawn in terms of article 6, the Authority shall immediately

inform the holder of the fishing license of this suspension or

permanent withdrawal in writing.

(2) Where a Master is suspended or permanently precluded

from being a Master on any fishing vessel in terms of article 6, the

Authority shall immediately inform Master of this suspension or

permanent preclusion in writing.

(3) Upon receiving the notification referred to in this article

the holder of the fishing vessel and the Master of the vessel shall

ensure that the fishing activity of the vessel concerned ceases

immediately, and that it proceeds to the home port or to the port

indicated by the Authority. During the voyage the fishing gear shall

be properly lashed and stowed. The holder of the fishing license and

the Master of the vessel shall ensure that any catch on board the

fishing vessel is dealt with in accordance with the instructions of the

Authority.

(1) Where a fishing license is suspended or withdrawn Deletion of

permanently in accordance with this Order, the fishing vessel to fishing

from relevant

which the suspended or permanently withdrawn fishing license lists.

relates shall be identified as being without a fishing license in the

national register referred to in Article 15(1) of Regulation (EC) No

2371/2002, and shall also be identified in this way in the EU fishing

fleet register referred to in Article 15(3) of Regulation (EC) No. 2371/

2002. (2) The Authority shall furthermore immediately update the

list referred to in Article 116(1)(d) of Regulation (EC) No. 1224/2009

with an indication of all the points assigned, resulting suspensions

and permanent withdrawals of fishing licenses, including the date on

which they became applicable and their duration.

(1) Where a fishing vessel, the fishing license of which Illegal fishing

is suspended or has been permanently withdrawn in accordance with during

suspension

the provisions of this Order, carries out fishing activities during the period

the permanent

suspension period or after the permanent withdrawal of the fishing withdrawal of a

license, such activities shall be deemed to constitute a serious fishing license.

infringement and the Authority shall immediately take the required

enforcement measures stipulated in the Act to prevent the license

holder and the Master of the relevant vessel from continuing to

commit the serious infringement.

(2) Where a Master who is suspended or has been permanently

precluded from acting as a Master of any fishing vessel, in

accordance with the provisions of this Order, performs the duties of a

Master of a fishing vessel during the suspension period or after the

permanent preclusion, such activities will be deemed to constitute a

serious infringement and the Authority shall immediately take the

required enforcement measures stipulated in the Act to prevent the

Master of the relevant vessel from continuing to commit the serious

infringement.

(3) The fishing vessel referred to in this article may, where

appropriate, be included in the EU IUU vessel list in accordance with

Article 27 of Regulation (EC) No 1005/2008.

(1) Where the holder of the fishing license or the Master Deletion of

of the vessel does not commit, within a period of three years from the points.

date of the last serious infringement, another serious infringement, all

points assigned to the fishing license or to the Master, or both shall be

deleted.

(2) Where a fishing license or Master, or both, have been

suspended in accordance with article 6, the points on the basis of

which the fishing license or Master or both were suspended shall not

be deleted and any new points assigned to the holder of the fishing

license or to the Master of the vessel shall be added to the existing

points for the purpose of article 6.

(3) Where points have been deleted in terms of sub-article (1),

the holder of the fishing license and the Master of the vessel shall be

considered as if there had been no suspension, and nor had points

been attached to the fishing licence or the Master.

(4) Where the total amount of points assigned to the holder of

a fishing license or the Master of a vessel, or both, exceeds two, two

points shall be deleted where

(a)

the fishing vessel which has been used in

committing the infringement for which points were assigned

uses thereafter VMS or records and transmits thereafter fishing

logbook, transshipment and landing declaration data

electronically without having a legal obligation to do so; or

(b) the holder of the fishing license or the Master, or

both, of the vessel volunteers after the assignment of the points

to participate in a scientific campaign for the improvement of

the selectivity of the fishing gear; or

(c)

the holder of the fishing license is a member of a

producer organization and the holder of the fishing license

accepts a fishing plan adopted by the producer organization in

the year following the assignment of points involving a

reduction of 10% of the fishing opportunities for the holder of

the fishing license; or

(d) the holder of the fishing license joins a fishery

covered by an eco-labeling scheme that is designed to certify

and promote labels for products from well-managed marine

capture fisheries and focus on issues related to the sustainable

use of fisheries resources

Provided that for each three-year period since the date of the last

serious infringement, the holder of a fishing license and the Master of

the vessel, or both, may avail themselves of one of the options under

paragraphs (a), (b), (c) or (d), to reduce the number of points assigned

only once, and provided that such reduction does not lead to the

deletion of all points on the fishing license.

(5) Where penalty points are deleted in accordance with sub-

article (4), the Authority shall inform the holder of the fishing licence

and the Master of the vessel of that deletion and of the number of

penalty points which still remain assigned against the said license or

to the Master of the vessel.