POINT SYSTEM FOR SERIOUS INFRINGEMENTS ORDER *

SUBSIDIARY LEGISLATION 425.10

POINT SYSTEM FOR

SERIOUS INFRINGEMENTS ORDER *

22nd November, 2013

LEGAL NOTICE 406 of 2013.

The title of this Order is the Point System for Serious

Infringements Order.

POINTS TO BE ASSIGNED FOR SERIOUS INFRINGEMENTS

No.

Serious Infringement

Points to be

Not fulfilling of obligations to record and report catch or catch three (3)

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)

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)

No.

Serious Infringement

Points to be

Fishing in a closed area or during a closed season, without or six (6)

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)

10 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)

12 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)

In this Order, unless the context otherwise requires

"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

*Repealed by Legal Notice 364 of 2022.

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 be

assigned to the license holder and the Master of the vessel in

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

transferred under any title whatsoever, the holder of the fishing

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 holder

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

license shall be automatically suspended for a period of two

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

permanently in accordance with this Order, the fishing vessel to

which the suspended or permanently withdrawn fishing license

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 is

suspended or has been permanently withdrawn in accordance with

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

suspension period or after the permanent withdrawal of the fishing

license, such activities shall be deemed to constitute a serious

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

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

the 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

POINT SYSTEM FOR SERIOUS INFRINGEMENTS

said license or to the Master of the vessel.