EXPORTS AND TRADE OF BLUEFIN TUNA REGULATIONS

SUBSIDIARY LEGISLATION 425.18

EXPORTS AND TRADE OF BLUEFIN TUNA

REGULATIONS

26th July, 2023

LEGAL NOTICE 112 of 2023.

(1)

The title of these regulations is the Exports and

Trade of Bluefin Tuna Regulations.

(2)

The scope of these regulations is to regulate bluefin tuna

trade activities under Maltese jurisdiction, and the processes governing

the commercialisation related thereto as provided in these regulations,

as well as to promote the legitimate trading and possession of bluefin

tuna with respect towards the sustainability of the bluefin tuna

fisheries, in compliance with European Union law and other binding

international law obligations.

(3)

Save as otherwise provided, the Director responsible for

fisheries shall be responsible for all the purposes of these regulations.

(regulation 6(5)(c))

TRANSPORT DOCUMENT

EXPORTER DETAILS

Name

Address

BLUEFIN TUNA (BFT) EXPORT

Air waybill Number / Ferry Route Code

Export Point

Export Date

Estimated Export Time at Export Point

Transport Vehicle Registration Number (if applicable)

Flight / Voyage Number (if applicable)

Full address of Consignee

Product Presentation

Consignment Weight

Company Signature

Date

DEPARTMENT OF FISHERIES AND AQUACULTURE

AUTHORISATION

Date

Attached BCDs

EXPORTS AND TRADE OF BLUEFIN TUNA

Signature of Officer

Title of Officer

BCDs declared within this document shall accompany this

consignment

(1)

In these regulations, unless the context otherwise

requires

"Act" means

the

Fisheries

Conservation

and

Management Act;

"BCD" or "electronic BCD (eBCD)" means a bluefin

catch document in a form as required and, or approved by the

Director;

"Director" means the Director responsible for fisheries;

"export" means the movement of bluefin tuna in whole or

processed from Malta to another ICCAT contracting party or

non-ICCAT contracting party;

"ICCAT" means the International Commission for the

Conservation of Atlantic Tunas;

"ICCAT

Recommendation

21-08"

means

the

Recommendation by ICCAT amending the Recommendation

19-04 amending recommendation 18-02 establishing a multi-

annual conservation and management plan for bluefin tuna in

the eastern Atlantic and the Mediterranean, as in force and, or

replaced from time to time;

"imports" means the introduction of bluefin tuna in

whole or processed in Malta from other ICCAT Contracting

Parties;

EXPORTS AND TRADE OF BLUEFIN TUNA

"international law" includes international law as generally

understood and any recommendations, resolutions or decisions

by RFMOs as in force from time to time and binding on the

European Union and, or Malta or operators under its

jurisdiction;

"Minister" means the Minister responsible for fisheries;

"RFMO" means a Regional Fisheries Management

Organisation recognised by the European Union 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 a

Government Notice in the Gazette;

"tuna", "bluefin tuna" or "BFT" refers to the fish species

known by the scientific name of Thunnus thynnus.

(2)

Save as otherwise provided in these regulations, the

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

(1)

Without prejudice to any other function,

responsibility and power in accordance with the Act or any other law, as

well as any other function provided in these regulations, the functions

of the Director shall in particular include those listed under sub-

regulations (2) to (5).

(2)

The Director shall

(a)

prescribe such declarations, forms and additional

procedures as he may deem necessary or expedient to comply

with the obligations according to these regulations, and

particularly so when these are required by international law and,

or by RFMOs;

(b)

take action, as necessary or expedient, towards the

fulfilment of all the provisions of these regulations and for doing

so he may, without prejudice to the generality of the foregoing

and any other power or responsibility according to law

(i)

require the provision of any information,

document, object or copy thereof from any person and, or

operator as he may deem relevant or expedient to fulfil the

provisions of these regulations;

(ii)

order the temporary cessation of any

activity regulated by these regulations or having an effect

thereon;

(iii) suspend or revoke any authorisation issued

according to these regulations;

(iv) seize, store and, or destroy any fish, tool,

gear or other object as he may order and in doing so he

may charge the expenses against the operator concerned;

(v)

exercise all powers as are vested in him

according to the Act mutatis mutandis for the purposes of

these regulations

Provided that any expenses related to the

seizure, including the expenses due for the haulage of the

merchandise, transportation and storage of the seized

fish, shall be charged against the operator and such

expenses shall be considered as civil debt and an

executive title at law and particularly so for the purposes

of the Code of Organization and Civil Procedure.

(3)

Without prejudice to any other function, responsibility

and power in accordance with the Act or any other law, the Director is

hereby empowered to act towards the fulfilment of any obligation,

commitment or objective binding on Malta and, or on operators under

Maltese jurisdiction, as applicable according to European Union law

and, or international law, in relation to the bluefin tuna aquaculture

sector

Provided that in fulfilment of this sub-regulation and all

his responsibilities under these regulations, the Director shall consider

the provisions of ICCAT Recommendation 21-08 as in force and, or as

subsequently amended or substituted from time to time

Provided further that without prejudice to the generality

of this sub-regulation, the Director shall be competent for the aforesaid

fulfilment and any specific power to be exercised by Malta or which

could be exercised at Malta’s discretion shall be deemed to vest in the

Director without the need of any further ratification or enactment.

(4)

Without prejudice to sub-regulation (3), the Director may

publish a list of particular applicable instruments in acocrdance with

European Union law and, or international law by means of a

Government Notice published in the Gazette, exclusively so as to draw

the particular attention of operators on certain applicable obligations

according to the same instruments

Provided that without prejudice to sub-regulation (3) and

any other law, the publication as referred in this sub-regulation shall

lead to a juris et de jure presumption that the legal instruments listed

are enforceable in Malta by the Director.

(5)

The Director may also

EXPORTS AND TRADE OF BLUEFIN TUNA

(a)

communicate information related to the BFT trade

operations whether to third countries or to European Union

institutions, Member States or international bodies when the

Director deems it fit in the interest of the same sector, or in the

interest of the sustainability, control, enforcement or

management thereof;

(b)

delegate the exercise of any of his responsibilities

and, or powers according to these regulations to such persons as

he may designate and according to such conditions as he may

deem fit;

(c)

without prejudice to any other law and when not

specifically provided for in these regulations, order the seizure

in part or in whole BFT as may be held by any person, when

such seizure is necessary or adequate to fulfil any obligation in

accordance with these regulations and particularly so with

respect to obligations referred to under sub-regulation (3).

(6)

The Director or his delegates shall order and carry out

inspections at packing points according to randomly chosen patterns

Provided that operators are bound to make the identified

premises available to the relevant officers whenever inspections may be

ordered by the Director.

(7) Anything done by the Director or his delegates according

to this regulation, save if it was expressly indicated otherwise, shall be

binding at law on all operators concerned.

Without prejudice to any other provision of these

regulations or any other law, the following shall be prohibited

(a)

any trading of bluefin tuna caught, transhipped,

farmed or landed by vessels and, or persons who are not licensed

and, or authorised according to applicable law, including bluefin

tuna from aquaculture establishments;

(b) any obstruction, intimidation, interference with,

influence of, bribing of or attempt to bribe a fisheries protection

officer;

(c)

any consignment of Atlantic and Mediterranean

bluefin tuna domestically traded, landed, exported, offered for

sale, imported into or re-exported from Malta not accompanied

by a completed and validated eBCD or a sales voucher traceable

to a validated eBCD as required by these regulations.

(1)

The operators shall be obliged to accept on board

their transport vehicles and, or into their establishments those fisheries

protection officers or other officers as the Director may require

according to regulation 3, and said acceptance shall include reasonable

collaboration by the operators to allow and facilitate the fulfilment of

the roles of said officers

Provided that sub-regulation (1) shall mutatis mutandis

apply in relation to operators for any obligation directly affecting

them, Malta and, or the European Union as applicable to the role of

officers according to European Union law or international law as

defined under regulation 2.

(2)

Without prejudice to their other responsibilities and

powers at law, fisheries protection officers may inspect aquaculture

establishments to ensure compliance with these regulations and

international law as defined in regulation 2.

(1)

Each consignment of bluefin tuna domestically

traded, imported into or exported from Malta shall be accompanied by

a validated eBCD.

(2)

Domestic trade, export, import and re-export of fish parts

other than meat, including heads, eyes, roes, guts and tails, shall be

exempted from the requirements of sub-regulations (1) and (8).

(3)

Any trading of bluefin tuna in whole, gilled, gutted, or

dressed form, or in any other form of presentation, and originating

from Maltese operators, including any vessel and, or aquaculture

establishment, when landed as natural mortalities from bluefin tuna

aquaculture establishments or for fresh trade from bluefin tuna

aquaculture establishments, shall be accompanied by identification

tags

Provided that this sub-regulation shall not apply in cases

of harvesting by aquaculture establishments on reefer vessels or

aquaculture establishment vessels other than natural mortalities of

bluefin tuna within farming cages.

(4)

All bluefin tuna landings, irrespective of their origin,

shall be notified to the Director at least four (4) hours prior to the time

of landing

Provided that the Director may accept a shorter time

period if the fishing grounds or aquaculture establishment of origin is

less than four (4) hours away from the landing grounds.

(5)

The operators trading bluefin tuna originating from

landings of Maltese authorised fishing vessels are to submit to the

Director the following set of documents, as applicable, immediately

after the landing operation and at least two (2) hours before the actual

export or trade operation

(a)

a copy of the landing sheet and fishing logbook of

the vessel which landed the bluefin tuna;

(b)

the accompanying proof of purchase, such as sales

vouchers or sales notes;

(c)

a duly filled transport document showing the

details and headings as required in the Schedule;

(d)

the air waybill in the event that the product is

being transported by air freight; and, or

(e)

any other document that the Director may

specifically require.

(6)

Following the registration and validation of the catch and

the first trade in the eBCD system, the registration of information on

subsequent trades of bluefin tuna traded as Gilled and Gutted (GG) and,

or Dressed (DR) that is marketed up to the local trade of the BFT

between retailers and prior to the sale to consumers shall also be

reported within the eBCD system.

(7)

All further domestic trades of bluefin tuna after the

second trade shall be traceable to a validated eBCD by means of a sales

invoice clearly indicating the origin of the bluefin tuna being offered

for sale.

(8)

All exports and trades shall be registered and validated in

the eBCD prior to the departure of bluefin tuna and tuna products from

Malta.

(1)

Any person operating under Maltese jurisdiction

involved in the trading of bluefin tuna shall ensure that they have

notified the Director of his involvement so as to be validly registered in

the ICCAT eBCD system.

(2)

The Maltese operators trading in bluefin tuna shall ensure

that any foreign operator receiving the bluefin tuna at the relevant

destination is also registered in the eBCD system.

(3)

The Director shall not validate or authorise any trade

from sellers or to buyers that are not registered within the eBCD

system.

(1)

It shall be prohibited to trade, export, or offer for

sale bluefin tuna which is not accompanied by the documentation

required by these regulations or which is otherwise contrary to the

provisions of these regulations.

(2)

It shall also be prohibited to possess bluefin tuna unless

acquired for final consumption in the context of a legitimate trade, or

unless it is caught in exercise of legitimate recreational fisheries and

without intent to trade.

Any person who violates a provision of these regulations,

including the failure to comply with any obligation thereof, or failure

to comply with the orders, requirements or instructions of the Director

shall be guilty of an offence and shall be sanctioned according to the

Offences, Proceedings and Sanctioning (Fisheries and Aquaculture)

Regulations.