407 tal-2013 - Ordni tal-2013 dwar il-Ġestjoni tas-Sajd bil-Lampara

L.N. 407 of 2013

FISHERIES CONSERVATION AND MANAGEMENT ACT

(CAP. 425)

Management of the Lampara Fishery Order, 2013

BY VIRTUE 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:-

(1)

The title of this Order is the Management of the Citation and

scope.

Lampara Fishery Order, 2013.

(2) The scope of this Order is the introduction and, where

applicable, the enforcement of a system of special fishing permits for

fishing vessels making use of the fishing implement known as

lampara in conformity with Article 26(6) of Council Regulation (EC)

No 1967/2006 of 21 December 2006 concerning management

measures for the sustainable exploitation of fishery resources in the

Mediterranean Sea, amending Regulation (EEC) No 2847/93 and

repealing Regulation (EC) No 1626/94.

(1)

In this Order, unless the context otherwise requires

"the Act" means the Fisheries Conservation and Management Cap. 425.

Act;

"fishing capacity" shall have the same meaning as that provided

under Council Regulation (EC) No 2371/2002 of 20 December 2002

on the conservation and sustainable exploitation of fisheries resources

under the Common Fisheries Policy, or any other Regulation that may

amend or supersede that Regulation;

"lampara" means the fishing implement comprising a strong

light which is used to attract fish and a purse seine to catch the fish;

"permits" means the fishing permits for fishing vessels making

use of the fishing implement known as lampara as established under

article 3;

"the Regulation" means Council Regulation (EC) No 1967/2006

of 21 December 2006 concerning management measures for the

sustainable exploitation of fishery resources in the Mediterranean

Sea, amending Regulation (EEC) No 2847/93 and repealing

Regulation (EC) No 1626/94, or any other Regulation that may

amend or supersede that Regulation.

(2) Save as otherwise provided in this Order, the definitions

provided for in the Act are to apply to this Order.

(1)

A system of non-transferable fishing permits for

fishing vessels making use of the fishing implement known as

lampara is hereby being established according to the provisions of

this article.

(2) Without prejudice to any other prohibition according to

law, on the date of the entry into force of this Order permits shall be

granted for those fishing vessels having

(a)

a valid fishing licence to operate in the fishing

waters issued under the Act, and which was in force at the

moment of the coming into force of this Order; and

(b)

a permit issued by the Director to make use of the

fishing implement known as lampara, and which was in force at

the moment of the coming into force of this Order.

(3) The fishing capacity resulting from the permits granted

under sub-article (2) shall be deemed to be the maximum fishing

capacity which may be allocated under this Order.

(4) The Director shall not issue other permits which would

result in a fishing capacity exceeding that granted under sub-article

(3).

(5) Permits issued under this Order shall be valid from the 1st

January to the 31st December of each year and renewable on the 1st

January of each year.

(6) The Director may, for the sustainable conservation and

management of fish stocks, as well as for all those purposes and

responsibilities provided for in the Act, and for the purposes of

achieving those aims as set in management plans adopted pursuant to

the Implementation and Enforcement of Certain Fisheries

Management Plans Order

(a)

order the temporary suspension of any permit or all

permits issued under this Order; or

(b)

provide a scheme for the allocation of the fishing

effort.

The Director shall be responsible for the implementation Powers of the

and enforcement of this Order and for such purposes shall have all Director.

those powers pertaining to the said Director under the Act.

Without prejudice to any other offences and penalties as Requirements

stipulated by any other applicable law, in the case of fishing vessels for

vessels making

permitted to make use of the fishing implement known as lampara use

fishing

under this Order, lack of observance of the following shall constitute implement

known as

a criminal offence against the Act

lampara,

(a)

all fishing vessels are to be equipped with a fully

functioning tracking system as specified by the Director;

(b)

all fishing vessels are required to have a fishing

logbook as provided in their permit, as validly in force from

time to time, and such logbook must be filled in full with all the

relevant details;

(c)

all fishing vessels are to land at a designated port as

specified in their permit, as validly in force from time to time.

(1)

Any person found guilty of having committed a Offences and

criminal offence under article 5, or of having fished using the penalties.

implement known as lampara without having a permit granted under

this Order, shall be liable to a fine (multa) of not more than ten

thousand euro (€10,000).

(2) In determining the amount of the fine (multa) which is to

be imposed under sub-article (1), the Court shall consider the

prejudice caused to the fishing resources and the marine environment,

as well as the economic situation of the offender and any repetition of

an infringement of the laws relating to fishing.

(3) In any case involving a criminal offence under this article,

the maximum penalty shall not exceed the maximum penalty which

may be provided for under article 32 of the Act.

The master of the fishing vessel shall be responsible for all Master of

fishing vessel is

criminal offences under this Order.

responsible for

criminal

offences under

this Order.

All criminal offences under this Order are to be deemed as Non-

not being of a minor nature for the purposes of article 34 of the Act. applicability

administrative

penalty.

Regulation 4 of the Fishery Regulations is hereby repealed. Repeal.

€0.36