STONY SEA URCHIN PROTECTION REGULATIONS

STONY SEA URCHIN PROTECTION

SUBSIDIARY LEGISLATION 449.62

STONY SEA URCHIN PROTECTION REGULATIONS

7th July 2023

LEGAL NOTICE 149 of 2023, as amended by Legal Notice 129 of

2025.

(1)

The title of these regulations is the Stony Sea

Urchin Protection Regulations.

(2)

The scope of these regulations is to provide for a

moratorium with respect to the stony sea urchin found in the Maltese

Islands for its conservation.

(3)

The Environment and Resources Authority, the Director

responsible for Fisheries, the Veterinary Regulation Directorate and

the Superintendent of Public Health shall collaborate and cooperate in

enforcing these regulations.

(4)

The provisions of these regulations shall cease to have

effect within four (4) years from their coming into force.

In these regulations, unless the context otherwise

requires

"Act" means the Environment Protection Act;

"competent authority" means the Environment and

Resources Authority established by article 6 of the Act;

"documentary evidence" means any relevant import

licence or authorisation, health certificate, customs declaration,

labelling which indicates that the specimen was sourced outside

Maltese waters, invoices or receipts which indicate that the

specimen was purchased outside Maltese jurisdiction, or any

other comparable evidence;

"relevant authorities" means the Environment and

Resources Authority, the Director responsible for Fisheries, the

Veterinary Regulation Directorate and the Superintendent of

Public Health;

"specimen" means any stony sea urchin in any stage of

its life-cycle, whether alive or dead, whether whole or in part,

whether in the original form or after having undergone any

transformation and includes any part or derivative thereof, as

well as any other goods which, from an accompanying

document, the packaging or a mark or label or from any other

circumstances, appear to be parts or derivatives of the species.

No person shall disturb, destroy, have in his possession,

transport, sell, exchange, offer for sale or for exchange, or export any

STONY SEA URCHIN PROTECTION

specimen or attempt to do any these actions

Provided that this regulation shall not apply if

(a)

the person is in possession of a valid permit for

bona fide scientific research purposes issued by the competent

authority; or

(b)

if the person importing, brings into Malta,

transporting, storing, possessing, advertising, distributing or selling

any specimen proves to the satisfaction of the relevant authorities

that he has in his possession documentary evidence pertaining to its

legitimate importation or transportation into Malta.

Permit applications for scientific research shall be

carried out in line with Part XI of the Flora, Fauna and Natural

Habitats Protection Regulations.

For the purposes of these regulations and the control and

enforcement activities in their regard, the relevant authorities shall

mutatis mutandis exercise all their powers and responsibilities as

provided under the applicable legislation

Provided that any delegation of powers as allowed in

accordance with any other law shall apply in the same manner for the

purposes of these regulations.

Any person who acts in contravention of any provision of

these regulations shall be guilty of an offence against these regulations

and shall be liable to, on conviction by a competent criminal court

(a)

in the case of a first offence, to a fine (multa) of

not less than five hundred euro (€500) but not exceeding five

thousand euro (€5,000);

(b)

in the case of a second or subsequent offence, to a

fine (multa) of not less than one thousand euro (€1,000) but not

exceeding ten thousand euro (€10,000)

Provided that any relevant authority may impose any

alternative penalty or punishment as provided in the applicable

legislation

Provided further that prior to applying any penalty or

punishment the relevant authority shall consult and coordinate with the

other relevant authorities

Provided further that the Executive Police may not ex

officio institute criminal proceedings under these regulations without a

complaint by a relevant authority.