Aquaculture) Regulations, 2022

L.N. 342 of 2022

FISHERIES CONSERVATION AND MANAGEMENT ACT

(CAP. 425)

Offences, Proceedings and Sanctioning (Fisheries and

Aquaculture) Regulations, 2022

IN EXERCISE of the powers conferred upon him by article 38

of the Fisheries Conservation and Management Act, the Minister

responsible for fisheries has made the following regulations:-

(1) The title of these regulations is the Offences, Citation, scope,

Proceedings and Sanctioning (Fisheries and Aquaculture) Regulations, applicability

commencement.

2022. (2) The scope of these regulations is to provide for offences,

penalties, sanctions, and measures applicable for all offences falling

under the scope of the Act, when these are not provided for in the Act

itself and, or in addition thereto, and for an alternative administrative

resolution system applicable according to the provisions of these

regulations and at the choice of the offender, as well as the penalty

points system applicable for serious infringements according to the

Control Regulation

Provided that the Minister may extend the applicability of

the penalty point system established by these regulations by amending

the relevant schedules by notice in the Gazette.

(3) All offences and, or infringements under the Act and its

subsidiary legislation shall be sanctioned according to these

regulations and any other conflicting provision under the Act shall not

be applied by the Director or any other sanctioning authority

Provided that penalties prescribed in the Act shall remain

applicable for the relevant offences.

(4) These regulations shall come into force on such date as the

Minister responsible for fisheries may, by notice in the Gazette,

establish, and different dates may be so established for different

provisions and different purposes of the regulations.

Other Offences

(Regulation 5)

The contravention of obligations or the acts or omissions entered in

the first column shall be considered to be offences according to

regulation 5, while their presumed category of offence for the purposes

of regulation 6 is as shown in the second column

Offence

Category of Offence

a.

Any fishing, taking or

Serious offence related to

harvesting of aquaculture products fisheries.

from an authorised aquaculture

establishment

without

the

authorisation of the aquaculture

permit holder.

b.

Fishing with explosives,

Serious offence related to

weapons, toxic, poisonous, soporific fisheries.

or

corrosive

substances,

or

possession or commercialisation of

fishery products obtained through

such fishing methods, when not

subject to regulation 4.

c.

The

elimination,

Serious offence related to

alteration,

concealment

or fisheries or aquaculture, as

tampering of evidence that may be applicable.

obtained in the course of the work

or procedures of control and

inspection, when not otherwise

covered at law.

(1)

In these regulations, unless the context otherwise Interpretation.

requires

"Act" means the Fisheries Conservation and Management Act;

"Control Regulation" means Council Regulation (EC) No 1224/

2009 of 20 November 2009 establishing a Community control system

for ensuring compliance with the rules of the common fisheries policy,

amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No

811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/

2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC)

No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing

Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/

2006", as in force from time to time;

"European Union" and "EU" shall have the same meaning as "the

European Union" under the European Union Act;

"illegal fishing" means illegal fishing as defined in Article 2(2)

of the IUU Regulation, and fishing or aquaculture activities performed

in contravention of the Act;

"IUU fishing" and "illegal, unreported and unregulated

fishing" mean "illegal, unreported and unregulated fishing" as

defined in Article 2(2) of the IUU Regulation;

"IUU Regulation" means Council Regulation (EC) No 1005/2008

of 29 September 2008 establishing a Community system to prevent,

deter and eliminate illegal, unreported and unregulated fishing,

amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and

(EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and

(EC) No 1447/1999, as in force from time to time;

"RFMO" means a Regional Fisheries Management

Organisation recognised by the EU or at international law, and also

includes international organisations having an interest in fisheries

and, or aquaculture, including but not limited to the General

Fisheries Commission for the Mediterranean, or GFCM, and the

International Commission for the Conservation of Atlantic Tunas, or

ICCAT, as well as any other such organisation as the Minister may

prescribe by notice in the Gazette;

"sanctioning authority" means the Director acting in accordance

with regulation 8 or a court of criminal competence as the case may

be;

"VMS" shall have the same meaning as assigned to it under

Article 2 of the Commission Implementing Regulation (EU) No 404/

2011 of 8 April 2011 laying down detailed rules for the

implementation of Council Regulation (EC) No 1224/2009

establishing a Community control system for ensuring compliance

with the rules of the Common Fisheries Policy, as in force from time to

time.

(2) Save as otherwise provided in these regulations, the

definitions provided for in the Act are to apply to these regulations.

Categories of Minor Offences related to Fisheries or the Marketing of

Fish

For the purposes of regulation 6, the following shall be

considered to be categories of minor offences related to fisheries or

the marketing of fish

1. The late submission and, or incorrect submission of any

fishing information in any documentation required by law, inclusive of

any logbook or declaration, electronic or otherwise but exclusive of

any documentation relevant to the commercialisation of fish, when

done without intent to provide false information.

2. Any failure to communicate any change in details

necessary for licence and permit purposes, without knowledge of the

relevant obligation and when according to the facts of the case it does

not constitute a serious offence according to these regulations.

3. Failure, without intent, to provide timely information to the

Director, any of his delegates, and, or fisheries protection officers,

when this is required by law and when these relate to details or

information on the registration, licensing and operation of fishing

vessels or the marketing of fish.

4. Sporadic failure to comply with obligations related to the

electronic transmissions of an electronic fishing logbook, or other

electronic transmissions required according to law.

5. Absence of, or incorrect, identification of fish or other

traceability requirements on lots of fisheries products on board or at

landing, and prior to their first sale.

6. Sporadic failure to give notification of entry into port or

failure to do so timely.

7. The incorrect or defective use of vessel markings, when not

substantial or when not otherwise categorised as serious.

Categories of Serious Offences related to Fisheries or the

Marketing of Fish

For the purposes of regulation 6, the following shall be

considered to be categories of serious offences related to fisheries

or the marketing of fish

8. Any provision of information known to be false or which

could have reasonably be known to be false or incorrect.

9. Any fishing activity without having a licence, authorisation

or permit required according to the Act or any other law.

10. Any fishing activity with an apparently licensed fishing

vessel, whenever said vessel does not comply with the gross tonnage

or engine power characteristics or the conditions authorised through

the fishing licence or other applicable authorisation, or when said

vessel characteristics are in fact otherwise contrary to law.

11. Any breach of any condition laid down in a licence,

authorisation or permit issued by the Director according to the Act or

any other law.

12. Engaging in fishing at night or in situations of low

visibility without the use of adequate or required lights or in any other

manner which would hinder the adequate identification of the vessel.

13. The performance of any function on board a fishing vessel

without being adequately qualified and competent to perform it.

14. The carrying by foreign fishing vessels of fish, or products

containing fish or parts thereof, the origin of which is not identified or

adequately documented.

15. The landing by foreign fishing vessels of fish, or products

containing fish or parts thereof, the origin of which is not identified or

adequately documented.

16. The landing in Malta or discharge at sea of fishery products

of non-European Union origin without obtaining the necessary

authorisations or in a manner otherwise contrary to law.

(1) The following fines (multi) shall apply upon Offences and

conviction by a competent court for the following offences under the fines in the Act.

Act

(a) a fine (multa) of not less than two thousand and five

hundred euro (€2,500) but not exceeding fifty-eight thousand

and five hundred euro (€58,500), against the master, owner and

charterer of a fishing vessel, as applicable, for the infringement

of article 8 of the Act;

(b) a fine (multa) of not less than one thousand and five

hundred euro (€1,500) but not exceeding twelve thousand euro

(€12,000), against any person who fishes without a permit when

such permit is required by regulations made under article 9(1) of

the Act, or against any person who otherwise infringes

regulations made under article 9(1) of the Act;

(c) a fine (multa) of not less than nine thousand and five

hundred euro (€9,500) but not exceeding eighty thousand euro

(€80,000), against the master, owner and charterer of a fishing

vessel, as applicable, for the infringement of article 10 of the

Act;

(d) a fine (multa) of not less than five thousand euro

(€5,000) but not exceeding fifty-eight thousand and five hundred

euro (€58,500), against the master if he fails to give the

notification required under article 11 of the Act;

(e) a fine (multa) of not less than two thousand and five

hundred euro (€2,500) but not exceeding twenty-three thousand

and five hundred euro (€23,500), against the master, owner and

charterer of a fishing vessel, as applicable, for the infringement

of any condition prescribed in the fishing licence according to

article 12 of the Act, and for any act or omission not otherwise

authorised through a fishing licence issued according to article

12 of the Act;

(f) a fine (multa) of not less than twelve thousand

(€12,000) but not exceeding eighty thousand euro (€80,000)

against any person who violates article 26 of the Act;

(g) a fine (multa) of not less than two thousand and five

hundred euro (€2,500), but not exceeding five thousand and

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

(€5,823.43) against any person who lands, sells, receives or is

found in possession of fish, knowing or having cause to lead any

ordinary reasonable man to believe that said fish were fished in

breach of article 28 of the Act.

(2) All offences referred under sub-regulation (1) are criminal

offences, without prejudice to the application of administrative

proceedings and penalties according to these regulations.

Categories of Minor Offences related to Aquaculture

For the purposes of regulation 6, the following shall be

considered to be categories of minor offences related to

aquaculture

1. The late submission and, or incorrect submission of any

aquaculture information in any documentation required by law,

inclusive of any logbook or declaration, electronic or otherwise, when

done without any intent to provide false information.

2. Sporadic failure to maintain cage numbering on the

aquaculture establishment cages.

For the purposes of regulation 6, the following shall be

considered to be categories of serious offences related to

aquaculture

Categories of Serious Offences related to Aquaculture

3. Repeated, negligent or intentional failure in maintaining

cage numbering on the aquaculture establishment cages.

4. Failure to comply with any obligation in relation to the

towing, caging or harvesting of bluefin tuna.

5. Failure to provide any documentation required when

towing bluefin tuna or in relation to bluefin tuna towing activities.

6. Failure to have operational monitoring systems onboard or

failure to report positions by towing vessels, when so required.

7. The towing or auxiliary vessel carries fishing gear onboard

contrary to applicable law or conditions.

8. Any unauthorised physical transfer of bluefin tuna at sea.

9. Any landing and, or commercialisation of bluefin tuna

which is affected by an illegality of any sort.

10. Any lack of observance of a required distance from the

cages of an aquaculture establishment, as directed by the relevant

authorities.

11. Any caging or harvesting operation without the prior

authorisation of the relevant authorities.

12. Any failure to observe any direction given by the relevant

authorites as relating to the sealing of the cages of an aquaculture

establishment.

13. Any failure to report bluefin tuna onboard a processing

(1) Any person who, by an act or omission, infringes an

obligation or restriction relating to fishing, aquaculture and, or the

commercialisation of fish, as imposed by legislation of the European

Union having direct applicability in Malta as provided by the Treaty as

defined under the European Union Act or in accordance with the law

of the European Union as held in the jurisprudence of its Courts, and if

such an obligation or restriction is directly imposed upon such person

by such legislation or upon Malta as a Member State of the European

Union, shall be guilty of an offence against these regulations.

(2) The provisions of sub-regulation (1) shall apply mutatis

mutandis with respect to obligations imposed upon Malta and, or the

European Union under international law or by an RFMO, or upon any

person operating under the jurisdiction of Malta with respect to the

same obligations as imposed on such person.

(3) Without prejudice to regulations 6 and 8, any person found

guilty of an offence under this regulation shall be liable to a fine

(multa) of not less than one hundred and fifty euro (€150) and not

more than eighty thousand euro (€80,000)

Provided that the sanctioning authority shall follow the

provisions of regulations 7 and 8 in determining the amount of the fine

(multa) to be given upon conviction or admission.

Points Applicable for Serious Infringements in the Aquaculture Sector

(Bluefin Tuna)

Serious Offence

Assigned to

Number of points

assigned

Failure to provide any

As

applicable

Three (3), if the

documentation required when

according

to

the

documentation

towing bluefin tuna or in

obligations involved in

relates to daily

relation to bluefin tuna towing

a given case, which

vessel

activities.

may affect any person,

activities,

including the vessel

seven (7) if the

operator, its master and

documentation

the

aquaculture

relates

establishment operator.

specifically to

bluefin tuna, in

any other case

three (3) points

Failure to have operational The master of the towing

Seven (7)

monitoring systems onboard vessel.

or failure to report positions by

towing vessels, when so

required.

The towing or auxiliary vessel The master of the vessel.

Seven (7)

carries fishing gear onboard

contrary to applicable law or

conditions.

The master of the vessel

The master of the vessel

Ten (10)

concerned,

and

if

conducts

an

illegal

or

applicable, the relevant

unauthorised

landing

of

aquaculture

bluefin tuna.

establishment operator.

Any unauthorised physical The master of the vessel

Fifteen (15)

transfer of bluefin tuna at sea. concerned,

and

if

applicable, the relevant

aquaculture

establishment operator.

Any

landing

and,

or

Any applicable person.

Fifteen (15)

commercialisation of bluefin

tuna which is affected by an

illegality of any sort, including

in relation to traceability

obligations.

Any lack of observance of a

The master of

the

Ten (10)

required distance from the

relevant vessel.

cages of an aquaculture

establishment, as directed by

the relevant authorities.

Repeated,

negligent

or

The permit holder and

Three (3)

intentional

failure

in

operator

of

the

maintaining cage numbering

aquaculture establishment.

on the bluefin tuna aquaculture

establishment cages.

Any bluefin tuna caging or

The permit holder and

Fifteen (15)

operator

of

the

harvesting operation without

aquaculture

the prior authorisation of the

establishment, and any

relevant authorities.

other applicable person.

Any failure to observe any

The permit holder and

Fifteen (15)

operator

of

the

direction given by the relevant

aquaculture

authorities as relating to the

establishment.

sealing of the cages of an

aquaculture establishment.

Any failure to report bluefin

Master of the processing

Seven (7)

vessel.

tuna onboard a processing

vessel.

B

€1.98

Any person who contravenes any obligation provided under

Schedule I, or acts or omits to act in a manner included therein, shall

be guilty of an offence and shall, upon conviction or an admission

according to regulation 8, be liable to a fine (multa) according to

regulation 6.

Other Offences

(Regulation 5)

The contravention of obligations or the acts or omissions entered in

the first column shall be considered to be offences according to

regulation 5, while their presumed category of offence for the purposes

of regulation 6 is as shown in the second column

Offence

Category of Offence

a.

Any fishing, taking or

Serious offence related to

harvesting of aquaculture products fisheries.

from an authorised aquaculture

establishment

without

the

authorisation of the aquaculture

permit holder.

b.

Fishing with explosives,

Serious offence related to

weapons, toxic, poisonous, soporific fisheries.

or

corrosive

substances,

or

possession or commercialisation of

fishery products obtained through

such fishing methods, when not

subject to regulation 4.

c.

The

elimination,

Serious offence related to

alteration,

concealment

or fisheries or aquaculture, as

tampering of evidence that may be applicable.

obtained in the course of the work

or procedures of control and

inspection, when not otherwise

covered at law.

(1) Without prejudice to regulations 3 and 7, and sub-

regulation (2), the sanctioning authority shall, upon conviction or an

admission according to regulation 8, impose a fine (multa) of

(a) not less than hundred and fifty euro (€150) and not

more than five hundred euro (€500) against the relevant person

for any offence falling under a category of minor offences

according to Schedules I to III or another provision of these

regulations; or

(b) not less than five hundred and one euro (€501) and

not more than twenty thousand euro (€20,000) against the

relevant person for any offence falling under a catogery of

serious offences related to fisheries according to Schedule I or

Schedule II or another provision of these regulations;

(c) not less than five hundred euro (€500) and not more

than eighty thousand euro (€80,000) against the relevant person

for any offence falling under a category of serious offence

related to aquaculture according to Schedule I or Schedule III or

another provision of these regulations.

(2) Notwithstanding sub-regulation (1), in a case where fishery

or aquaculture products are obtained through the commission of a

serious offence according to Schedules I to III or another provision of

these regulations, the sanctioning authority shall impose a fine (multa)

of not less than two times the value of those products and not more

than five times the value of those products

Provided that in the case of the commission of a serious

offence according to Schedules I to III or another provision of these

regulations within a period of five (5) years from the commission of a

serious offence as those referred, the sanctioning authority shall

impose a fine (multa) of not less than six times, and not more than

eight times the value of the fishery or aquaculture products obtained

by committing the second or any further serious offence.

(3) No alternative administrative proceedings may be initiated

and no administrative penalty may be imposed in lieu of criminal

proceedings and fines (multi) if the resulting value of the fine (multa)

to be imposed exceeds sixty thousand euro (€60,000).

(4) Without prejudice to the provisions of this regulation and in

addition thereto, the sanctioning authority may also order the disposal,

confiscation, and, or destruction of any seized fish, perishable items,

or fishing or aquaculture implements and, or instruments, and it may

also order the release into the sea of live fish

Provided that the sanctioning authority may also order the

offender to pay the relevant expenses involved in relation to the

measures taken according to this sub-regulation, and when so ordered

any such expenses shall be due as a civil debt enforceable by the

competent court of civil jurisdiction in favour of the Government and

said civil debt 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.

(5) Entries in Schedules II and III shall be deemed as

categories according to which offences according to regulation 4 may

be classified for the purposes of sanctioning, but such entries by

themselves do not create or allow the inference of any offences

according to law.

(6) The sanctioning authority may, in considering all the

circumstances of a case and the particular circumstances thereof, deem

an offence to be minor or serious notwithstanding its presumed

classification according to Schedules I to III, and for so doing it may

also consider EU law and international law.

(7) Notwithstanding Schedules II and III, whenever any

instrument or law referred under regulation 4 determines that any acts

and, or omissions are of a serious nature, any offence substantially

related thereto shall be deemed to constitute a serious offence

according to these regulations.

Categories of Minor Offences related to Fisheries or the Marketing of

Fish

For the purposes of regulation 6, the following shall be

considered to be categories of minor offences related to fisheries or

the marketing of fish

1. The late submission and, or incorrect submission of any

fishing information in any documentation required by law, inclusive of

any logbook or declaration, electronic or otherwise but exclusive of

any documentation relevant to the commercialisation of fish, when

done without intent to provide false information.

2. Any failure to communicate any change in details

necessary for licence and permit purposes, without knowledge of the

relevant obligation and when according to the facts of the case it does

not constitute a serious offence according to these regulations.

3. Failure, without intent, to provide timely information to the

Director, any of his delegates, and, or fisheries protection officers,

when this is required by law and when these relate to details or

information on the registration, licensing and operation of fishing

vessels or the marketing of fish.

4. Sporadic failure to comply with obligations related to the

electronic transmissions of an electronic fishing logbook, or other

electronic transmissions required according to law.

5. Absence of, or incorrect, identification of fish or other

traceability requirements on lots of fisheries products on board or at

landing, and prior to their first sale.

6. Sporadic failure to give notification of entry into port or

failure to do so timely.

7. The incorrect or defective use of vessel markings, when not

substantial or when not otherwise categorised as serious.

Categories of Serious Offences related to Fisheries or the

Marketing of Fish

For the purposes of regulation 6, the following shall be

considered to be categories of serious offences related to fisheries

or the marketing of fish

8. Any provision of information known to be false or which

could have reasonably be known to be false or incorrect.

9. Any fishing activity without having a licence, authorisation

or permit required according to the Act or any other law.

10. Any fishing activity with an apparently licensed fishing

vessel, whenever said vessel does not comply with the gross tonnage

or engine power characteristics or the conditions authorised through

the fishing licence or other applicable authorisation, or when said

vessel characteristics are in fact otherwise contrary to law.

11. Any breach of any condition laid down in a licence,

authorisation or permit issued by the Director according to the Act or

any other law.

12. Engaging in fishing at night or in situations of low

visibility without the use of adequate or required lights or in any other

manner which would hinder the adequate identification of the vessel.

13. The performance of any function on board a fishing vessel

without being adequately qualified and competent to perform it.

14. The carrying by foreign fishing vessels of fish, or products

containing fish or parts thereof, the origin of which is not identified or

adequately documented.

15. The landing by foreign fishing vessels of fish, or products

containing fish or parts thereof, the origin of which is not identified or

adequately documented.

16. The landing in Malta or discharge at sea of fishery products

of non-European Union origin without obtaining the necessary

authorisations or in a manner otherwise contrary to law.

17. Fishing with explosives, weapons, toxic, poisonous,

soporific or corrosive substances, or possession or commercialisation

of fishery products obtained through such fishing methods.

18. Fishing in prohibited or unauthorised areas, depths or

distances.

19. Fishing during prohibited or unauthorized periods of time.

20. Failure to comply with obligations related to the type of

fishing gear.

21. Failure to comply with obligations related to fishing effort,

fishing opportunities, total allowable catches and, or quotas.

22. Failure to comply with the obligations established under

any international instrument in the matter of sea fishing, or with any

applicable measure by an RFMO, when this goes contrary to

conservation and management measures of fishery resources.

23. Any conduct otherwise classified as minor, committed by

natural or legal persons, by stateless vessels or by vessels flying a flag

of convenience or by non-European Union vessels which have been

identified by the European Union and, or RFMOs or other

international organisations as having engaged in IUU fishing or having

acted contrary to measures for the conservation and management of

fishery resources.

24. Participation in transhipments or in joint fishing operations

with stateless vessels or third country vessels identified by RFMOs or

other International Organisations for engaging in IUU fishing or for

having acted contrary to measures for the conservation and

management of fishery resources, or the provision of any assistance,

support or replenishment of such vessels.

25. Participation in the operation, management and ownership

of stateless vessels or third country vessels identified by RFMOs or

other International Organisations for engaging in IUU fishing or for

having acted contrary to measures for the conservation and

management of fishery resources.

26. Failure to carry a required logbook in paper format or

failure to carry any apparatus necessary for the proper functioning of

an electronic logbook and the electronic transmission of the relevant

data.

27. Any intentional manipulation, alteration, damage or

interference to the equipment required for the control, monitoring or

surveillance of the vessel, and including but not limited to any action

limiting its recording or communicating capabilities.

28. Repeated, negligent or intentional failure in fully and

correctly completing any required documentation or in fully and

correctly effecting a required trasmission, and inclusive of when no

submission or transmission of the relevant documentation is made

unless it falls under a minor offence category.

29. The intentional omission from or the alteration of any data

contained in any required documentation or transmission.

30. Any failure to carry on board any documentation required

by law, including but not limited to fishing licences, permits or

authorisations and stowage plans.

31. The total lack of display of vessel markings or the

intentional use of misleading vessel markings.

32. Any navigation or fishing activity without equipment

required for the control, monitoring or surveillance of the vessel.

33. Failure to comply with measures relating to the type,

characteristics, transport, holding, storage and use of fishing gear.

34. The lack of a boarding ladder required according to law, or

the use of one not according to legal requirements, or the infringement

of any obligation related thereto.

35. The elimination, alteration, concealment or tampering of

evidence that may be obtained in the course of the work or procedures

of control and inspection.

36. Any discard of fish from a fishing vessel against any

obligation at law.

37. Failure to comply with any obligation in relation to the

weighing of fish before its first sale.

38. The landing and, or loading of fish in places other than

ports or other places designated by the Director.

39. The landing of fish without the presence of competent

officers.

40. Failure to notify the Director, in the event of landing of

catches outside the territory of the European Union, of the species,

quantities and data of such landing, as well as the area where the

catches were taken and any other required data, or doing it by

misreporting, falsifying or hiding any relevant data.

41. The possession, transfer or dealing of fish the origin of

which is not traceable.

42. Any fishing, possession or commercialisation of fish

species which are undersized according to law.

43. The commercialisation, or activities ancillary thereto, of

fish in breach of obligations related to freshness and calibration, or

without the necessary authorisations or under conditions different from

those established in said authorisations.

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

imposed according to these regulations, the sanctioning authority shall

take into account the following criteria, as applicable

(a) the objective circumstances in which the offence was

committed;

(b) the nature and the extent of the damage caused to

fishing resources and the marine environment as a result of the

offence;

(c) the nature and the extent of any danger caused to

public health and, or human life;

(d) the overexploitation, and degree thereof, of the

fishing resources affected;

(e) the area in which the illegal fishing activities were

carried out, and whether any applicable prohibitions or specific

authorisations applied;

(f) the overall actions of the offender in the commission

of the offence and in relation to the enforcement thereof;

(g)

the economic situation of the offender; and

(h)

the proportionality, dissuasiveness and effectiveness

of the overall sanctions to be imposed.

Categories of Minor Offences related to Aquaculture

For the purposes of regulation 6, the following shall be

considered to be categories of minor offences related to

aquaculture

1. The late submission and, or incorrect submission of any

aquaculture information in any documentation required by law,

inclusive of any logbook or declaration, electronic or otherwise, when

done without any intent to provide false information.

2. Sporadic failure to maintain cage numbering on the

aquaculture establishment cages.

For the purposes of regulation 6, the following shall be

considered to be categories of serious offences related to

aquaculture

Categories of Serious Offences related to Aquaculture

3. Repeated, negligent or intentional failure in maintaining

cage numbering on the aquaculture establishment cages.

4. Failure to comply with any obligation in relation to the

towing, caging or harvesting of bluefin tuna.

5. Failure to provide any documentation required when

towing bluefin tuna or in relation to bluefin tuna towing activities.

6. Failure to have operational monitoring systems onboard or

failure to report positions by towing vessels, when so required.

7. The towing or auxiliary vessel carries fishing gear onboard

contrary to applicable law or conditions.

8. Any unauthorised physical transfer of bluefin tuna at sea.

9. Any landing and, or commercialisation of bluefin tuna

which is affected by an illegality of any sort.

10. Any lack of observance of a required distance from the

cages of an aquaculture establishment, as directed by the relevant

authorities.

11. Any caging or harvesting operation without the prior

authorisation of the relevant authorities.

12. Any failure to observe any direction given by the relevant

authorites as relating to the sealing of the cages of an aquaculture

establishment.

13. Any failure to report bluefin tuna onboard a processing

(1) The Director may, when he deems it fit and according Administrative

to the provisions of these regulations and the Act, offer the possibility proceedings

penalties.

to any person, inclusive of legal persons, being an offender according

to these regulations, the Act and, or any of its subsidiary legislation, to

accept sanctioning through administrative proceedings in lieu of

criminal proceedings

Provided that the exercise of discretion by the Director

according to this regulation shall not be be examined, reviewed or

contested, save for the case being tried by a competent criminal court

in its entirety

Provided further that the application of this regulation is

finally subject to acceptance by the alleged offender, failing which the

alleged offence shall be subject to criminal proceedings according to

the provisions of these regulations, the Act and criminal law in

general.

(2) Any administrative proceeding and sanctioning according

to these regulations shall be applied according to the provisions of

article 33 of the Act, without prejudice to the provisions of these

regulations which are to be applied in addition to those of article 33 of

the Act.

(3) Without prejudice to regulation 6(3), any administrative

penalty determined by the Director shall be up to a half of the

maximum criminal fine (multa) provided by law for the offence

Provided that the Director may, if he deems it reasonable in

the circumstances of the case, impose an administrative penalty which

is lower than the minimum applicable according to law.

(4) The provisions of sub-regulation (3) shall not apply for

offences related to aquaculture activities.

(5) Without prejudice to sub-regulation (3), sanctioning

according to this regulation shall also follow the provisions of

regulation 7.

Points Applicable for Serious Infringements in the Aquaculture Sector

(Bluefin Tuna)

Serious Offence

Assigned to

Number of points

assigned

Failure to provide any

As

applicable

Three (3), if the

documentation required when

according

to

the

documentation

towing bluefin tuna or in

obligations involved in

relates to daily

relation to bluefin tuna towing

a given case, which

vessel

activities.

may affect any person,

activities,

including the vessel

seven (7) if the

operator, its master and

documentation

the

aquaculture

relates

establishment operator.

specifically to

bluefin tuna, in

any other case

three (3) points

Failure to have operational The master of the towing

Seven (7)

monitoring systems onboard vessel.

or failure to report positions by

towing vessels, when so

required.

The towing or auxiliary vessel The master of the vessel.

Seven (7)

carries fishing gear onboard

contrary to applicable law or

conditions.

The master of the vessel

The master of the vessel

Ten (10)

concerned,

and

if

conducts

an

illegal

or

applicable, the relevant

unauthorised

landing

of

aquaculture

bluefin tuna.

establishment operator.

Any unauthorised physical The master of the vessel

Fifteen (15)

transfer of bluefin tuna at sea. concerned,

and

if

applicable, the relevant

aquaculture

establishment operator.

Any

landing

and,

or

Any applicable person.

Fifteen (15)

commercialisation of bluefin

tuna which is affected by an

illegality of any sort, including

in relation to traceability

obligations.

Any lack of observance of a

The master of

the

Ten (10)

required distance from the

relevant vessel.

cages of an aquaculture

establishment, as directed by

the relevant authorities.

Repeated,

negligent

or

The permit holder and

Three (3)

intentional

failure

in

operator

of

the

maintaining cage numbering

aquaculture establishment.

on the bluefin tuna aquaculture

establishment cages.

Any bluefin tuna caging or

The permit holder and

Fifteen (15)

operator

of

the

harvesting operation without

aquaculture

the prior authorisation of the

establishment, and any

relevant authorities.

other applicable person.

Any failure to observe any

The permit holder and

Fifteen (15)

operator

of

the

direction given by the relevant

aquaculture

authorities as relating to the

establishment.

sealing of the cages of an

aquaculture establishment.

Any failure to report bluefin

Master of the processing

Seven (7)

vessel.

tuna onboard a processing

vessel.

B

€1.98

(1) The Director shall be responsible for the Penalty point

administration of a penalty point system for serious offences and for system

serious

such a purpose he shall maintain a register of all penalty points infringements.

assigned to locally registered vessels and their masters, establishments

and, or persons of Maltese citizenship, in accordance with these

regulations.

(2) Penalty points shall be applied by the Director for any

serious offence listed under Schedules I to III upon a conviction, or

upon an admission according to regulation 8

Provided that if in the course of one inspection,

investigation or proceeding, two or more serious offences are detected,

penalty points shall be assigned in respect of each serious offence up to

a maximum of twelve (12) points for said inspection, investigation or

proceeding.

(3) Penalty points shall be attributed according to regulation

10, and the resulting measures shall be applied by the Director

according to regulation 11.

(4) Penalty points attributed against a fishing licence holder

shall apply against a transferee of that fishing licence whenever such

fishing licence is transferred under any title whatsoever, and the

transferor shall inform the transferee of any applicable penalty points

Provided that without prejudice to any right of action of the

transferee against the transferor, no action shall lie against the Director

for any failure of the transferor to notify the transferee of any penalty

points as applicable at the moment of giving effect to the transfer

according to law.

(5) Whenever a penalty point is applied against a holder of a

fishing licence, the equivalent penalty points shall also apply against

the registered master of the fishing vessel and, or any master de facto

in command of the fishing vessel

Provided that penalty points as applied against masters

individually, shall apply against them independently of the fishing

vessels they master, and they shall mutatis mutandis be deleted

according to regulation 10(5)

Provided further that any provision of these regulations

providing for the suspension of any licence, authorisation or permit, or

the permanent withdrawal thereof, shall mutatis mutandis apply to the

authorisation to be a master of any fishing vessel.

(6) The provisions of this regulation shall apply mutatis

mutandis against the holder of an aquaculture permit and the owner of

an aquaculture establishment.

(1) The Director shall attribute penalty points to the

holders of a fishing licence in accordance with Annex XXX of

Commission Implementing Regulation (EU) No 404/2011 of 8 April

2011 laying down detailed rules for the implementation of Council

Regulation (EC) No 1224/2009 establishing a Community control

system for ensuring compliance with the rules of the Common

Fisheries Policy, as in force from time to time

Provided that the same penalty points shall be applied also

against the relevant master

Provided further that the Director shall also attribute three

(3) penalty points against the holder of a fishing licence and the

relevant master, for any serious offence according to these regulations

which is not listed in the aforesaid Annex XXX.

(2) Save as otherwise provided in Schedule IV, the Director

shall attribute the penalty points prescribed according to Schedule IV

to the holders of an aquaculture permit and to the owners of an

aquaculture establishment

Provided that said penalty points shall only apply to

activities related to bluefin tuna.

(3) Whenever another Member State of the European Union

notifies Malta in accordance with Article 89(4) of the Control

Regulation, the Director shall attribute the applicable penalty points

against the holders of a fishing licence and the masters of a fishing

vessel in accordance with these regulations

Provided that when a serious infringement falls under

Malta’s jurisdiction, and penalty points would be applicable against

that foreign flagged vessel and, or against a foreign citizen, the flag or

citizenship of which pertains to a Member State of the European

Union, the Director shall notify the competent authorities of that

Member State in accordance with Article 89(4) of the Control

Regulation.

(4) The Director shall inform in writing those against whom an

attribution of points has been made and, or those against whom a

measure is taken according to regulation 11.

(5) The Director shall delete all penalty points registered

against any person if within a period of three (3) years from the last

attribution of penalty points no other penalty points have been

assigned against that person.

(6) The Director shall delete two (2) penalty points assigned

against a holder of a fishing licence if said holder had been assigned

three (3) points or more when such deletion becomes applicable, if

(a)

after the assignment of penalty points, the affected

fishing vessel uses VMS or electronically records and transmits

fishing logbook, transhipment and landing declaration data

without having a legal obligation to do so; or

(b) the holder of the fishing license 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 licence is a member of a

producer organisation and the holder of the fishing license

accepts a fishing plan adopted by the producer organisation in

the year following the assignment of points involving a reduction

of ten per cent (10%) of the fishing opportunities for the holder

of the fishing license; or

(d) the holder of the fishing licence subsequently joins a

fishery covered by an eco-labelling 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.

(7) Any involvement in one of the scenarios provided under

sub-regulation (6) for the purpose of deleting penalty points shall be

subject to the prior approval of the Director and to the conditions he

may deem fit to impose for such purpose.

(8) In any three year period and for any particular holder of a

fishing licence, the Director shall delete no more than two (2) penalty

points according to sub-regulation (6).

(9) The Director shall inform the holder of the fishing licence

of any deletion according to sub-regulation (6) and of the remaining

penalty points attributed to him.

(1) The accumulation of eighteen (18) penalty points at

any one time shall result in a two (2) month suspension of any relevant

licence, permit and, or authorisation as held by the relevant person.

(2) The accumulation of thirty-six (36) penalty points at any

one time shall result in a four (4) month suspension of any relevant

licence, permit and, or authorisation as held by the relevant person.

(3) The accumulation of fifty-four (54) penalty points at any

one time shall result in an eight (8) month suspension of any relevant

licence, permit and, or authorisation as held by the relevant person.

(4) The accumulation of seventy-two (72) penalty points at any

one time shall result in a one (1) year suspension of any relevant

licence, permit and, or authorisation as held by the relevant person.

(5) The accumulation of ninety (90) penalty points at any one

time shall result in the permanent withdrawal of any relevant licence,

permit and, or authorisation as held by the relevant person.

(1) Notwithstanding anything provided in these Effects of

regulations, no penalty points shall be deleted during any period of suspension

withdrawal.

suspension according to these regulations.

(2) Any suspension or withdrawal according to regulation 11,

as notified according to regulation 10(4), shall result in the immediate

cessation of all fishing or aquaculture activities by the relevant vessel,

establishment and, or person, as applicable

Provided that instead of notification according to regulation

10(4), the Director may order the relevant person to cease all activities

due to the application of measures according to regulation 11.

(3) Aquaculture establishments subject to suspension

according to these regulations shall operate, at their expense, under the

supervision of the Director and according to the conditions set by the

Director upon communicating the suspension according to sub-

regulation (2)

Provided that such operation shall be intended for and

exclusively limited to the sustenance of the fish of the aquaculture

establishment.

(4) By virtue of these regulations, aquaculture establishments

subject to a permanent withdrawal of their aquaculture permits

according to these regulations shall be deemed to fall under the control

of the Director and any holder of an aquaculture permit shall upon

request by the Director transfer control of the aquaculture

establishment and its operations to the Director

Provided that prior to taking control of any aquaculture

establishment, the Director may establish transitory periods and

applicable measures to be complied with by the holder of the

aquaculture permit so as to safeguard the fish, the environment, the

health and safety of all affected, and the economic interests of Malta

Provided further that prior to or upon taking control of any

aquaculture establishment, the Director may also designate a

competent person to ensure an adequate cessation of aquaculture

operations allowing for the safeguarding of the fish, the health and

safety of all affected, the environment and the economic interests of

Malta.

(5) Any notification or order according to sub-regulation (2),

as affecting fishing vessels, shall be deemed to require that the fishing

vessel return to a port in Malta as may be identified by the Director

and that all fishing gear is lashed and stowed in accordance with

Article 47 of the Control Regulation.

(6) Together with or following a notification or order

according to sub-regulation (2), the Director may also issue orders

with respect to any catch on board a fishing vessel.

(7) Any person who breaches or acts contrary to any provision

of this regulation, or order made thereunder, shall be deemed to have

committed a serious offence for the purposes of these regulations

Provided that for the purposes of regulation 6, the breach of

sub-regulations (3) and (4) shall be deemed to be serious offences

related to aquaculture

Provided further that for the purposes of regulation 6, the

breach of sub-regulations (5) and (6) shall be deemed to be serious

offences related to fisheries.

(1) Any judicial review, when possible according to law,

of anything done by the Director according to regulations 9 to 12 shall

not suspend the attribution of penalty points or any applicable period

according to these regulations, or the application of measures in

accordance with regulation 11.

(2) Any failure to notify an attribution or deletion of penalty

points shall not affect said attribution or deletion when these are

applicable according to these regulations

Provided that no measure according to regulation 11 shall

become applicable in case of failure to notify or order the same

Provided further that notification shall be deemed to have

been made according to these regulations if the Director proves that he

attempted delivery of the relevant documents at the last registered

address of the person concerned, as registered with the Director.

(1) The Director shall be competent to order the

application of any of the immediate enforcement measures according

to Article 43 of the IUU Regulation.

(2) When sanctioning an offence according to these

regulations, the sanctioning authority may order the application of any

of the accompanying sanctions according to Article 45 of the IUU

Regulation.

(3) Sub-regulations (1) and (2) shall apply in cases of serious

offences according to these regulations and their application shall be

subject to the provisions of Article 46 of the IUU Regulation

Provided that, without prejudice to any other law, sub-

regulations (1) and (2) shall not apply for minor offences.

The Enforcement of Sea Fishing Conventions Order and Repeal and

the Point System for Serious Infringements Order are hereby repealed: saving.

Provided that the provisions of the Enforcement of Sea S.L. 425.08.

Fishing Conventions Order and the Point System for Serious S.L. 425.10.

Infringements Order shall remain applicable for offences and

infringements committed before the coming into force of these

regulations, without prejudice to any instances in which an offence

would be subject to more favourable sanctioning according to the

Enforcement of Sea Fishing Conventions Order.

Any provision under any subsidiary legislation to the Transitory

Act, which is affected by regulation 1(3), shall be inapplicable and provision.

deemed as if repealed as from the coming into force of said

regulation, without prejudice to any instances in which an offence

would be subject to more favourable sanctioning according to the

provisions of the relevant subsidiary legislation.

Fishing with explosives, weapons, toxic, poisonous,

soporific or corrosive substances, or possession or commercialisation

of fishery products obtained through such fishing methods.

Fishing in prohibited or unauthorised areas, depths or

distances.

Fishing during prohibited or unauthorized periods of time.

Failure to comply with obligations related to the type of

fishing gear.

Failure to comply with obligations related to fishing effort,

fishing opportunities, total allowable catches and, or quotas.

Failure to comply with the obligations established under

any international instrument in the matter of sea fishing, or with any

applicable measure by an RFMO, when this goes contrary to

conservation and management measures of fishery resources.

Any conduct otherwise classified as minor, committed by

natural or legal persons, by stateless vessels or by vessels flying a flag

of convenience or by non-European Union vessels which have been

identified by the European Union and, or RFMOs or other

international organisations as having engaged in IUU fishing or having

acted contrary to measures for the conservation and management of

fishery resources.

Participation in transhipments or in joint fishing operations

with stateless vessels or third country vessels identified by RFMOs or

other International Organisations for engaging in IUU fishing or for

having acted contrary to measures for the conservation and

management of fishery resources, or the provision of any assistance,

support or replenishment of such vessels.

Participation in the operation, management and ownership

of stateless vessels or third country vessels identified by RFMOs or

other International Organisations for engaging in IUU fishing or for

having acted contrary to measures for the conservation and

management of fishery resources.

Failure to carry a required logbook in paper format or

failure to carry any apparatus necessary for the proper functioning of

an electronic logbook and the electronic transmission of the relevant

data.

Any intentional manipulation, alteration, damage or

interference to the equipment required for the control, monitoring or

surveillance of the vessel, and including but not limited to any action

limiting its recording or communicating capabilities.

Repeated, negligent or intentional failure in fully and

correctly completing any required documentation or in fully and

correctly effecting a required trasmission, and inclusive of when no

submission or transmission of the relevant documentation is made

unless it falls under a minor offence category.

The intentional omission from or the alteration of any data

contained in any required documentation or transmission.

Any failure to carry on board any documentation required

by law, including but not limited to fishing licences, permits or

authorisations and stowage plans.

The total lack of display of vessel markings or the

intentional use of misleading vessel markings.

Any navigation or fishing activity without equipment

required for the control, monitoring or surveillance of the vessel.

Failure to comply with measures relating to the type,

characteristics, transport, holding, storage and use of fishing gear.

The lack of a boarding ladder required according to law, or

the use of one not according to legal requirements, or the infringement

of any obligation related thereto.

The elimination, alteration, concealment or tampering of

evidence that may be obtained in the course of the work or procedures

of control and inspection.

Any discard of fish from a fishing vessel against any

obligation at law.

Failure to comply with any obligation in relation to the

weighing of fish before its first sale.

The landing and, or loading of fish in places other than

ports or other places designated by the Director.

The landing of fish without the presence of competent

officers.

Failure to notify the Director, in the event of landing of

catches outside the territory of the European Union, of the species,

quantities and data of such landing, as well as the area where the

catches were taken and any other required data, or doing it by

misreporting, falsifying or hiding any relevant data.

The possession, transfer or dealing of fish the origin of

which is not traceable.

Any fishing, possession or commercialisation of fish

species which are undersized according to law.

The commercialisation, or activities ancillary thereto, of

fish in breach of obligations related to freshness and calibration, or

without the necessary authorisations or under conditions different from

those established in said authorisations.