L.S. 425.11 Ordni dwar il-Ġestjoni tas-Sajd bil-Lampara

(1)The title of this Order is the Management of the Lampara Fishery Order. Citation and scope.

(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/

2. In this Order, unless the context otherwise requires: "Act" means the Fisheries Conservation and Management Act; Interpretation. Cap.
3. "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. 3.

(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: (

1. a)a valid fishing licence to operate in the fishing waters issued under the Act, and which was in force at the Lampara fishing permits. Amended by: L.N. 154 of 2026. 2 [ S.L.425.11 MANAGEMENT OF THE LAMPARA FISHERY moment of the coming into force of this Order; and (
2. 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. S.L. 425.09

(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: (

1. a)order the temporary suspension of any permit or all permits issued under this Order; or (
2. b)provide a scheme for the allocation of the fishing effort. Powers of the Director. 4. 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. Requirements for fishing vessels making use of the fishing implement known as lampara, 5. 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: (
3. a)all fishing vessels are to be equipped with a fully functioning tracking system as specified by the Director; (
4. 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; (
5. c)all fishing vessels are to land at a designated port as specified in their permit, as validly in force from time to time. Offences and penalties. 6.

(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 [ S.L.425.11 3

(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.

1. The master of the fishing vessel shall be responsible for all criminal offences under this Order. Master of fishing vessel is responsible for criminal offences under this Order.
2. 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. Non-applicability of administrative penalty.