MANAGEMENT OF THE LAMPARA FISHERY ORDER

MANAGEMENT OF THE LAMPARA FISHERY

SUBSIDIARY LEGISLATION 425.11

MANAGEMENT OF

THE LAMPARA FISHERY ORDER

22nd November, 2013

LEGAL NOTICE 407 of 2013 , as amended by Legal Notice 154 of 2026.

(1) The title of this Order is the Management of the

Lampara Fishery Order.

(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.

In this Order, unless the context otherwise requires

"Act" means the Fisheries Conservation and Management 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 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

MANAGEMENT OF THE LAMPARA FISHERY

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

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

those powers pertaining to the said Director under the Act.

Without prejudice to any other offences and penalties as

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

permitted to make use of the fishing implement known as lampara

under this Order, lack of observance of the following shall

constitute a criminal offence against the Act

(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

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

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).

MANAGEMENT OF THE LAMPARA FISHERY

(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

criminal offences under this Order.

All criminal offences under this Order are to be deemed as

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