OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE) [ S.L. 425.17 1 SUBSIDIARY LEGISLATION 425.17 OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE) REGULATIONS 1st January, 2023 * LEGAL NOTICE 342 of 2022. 1.
(1)The title of these regulations is the Offences, Proceedings and Sanctioning (Fisheries and Aquaculture) Regulations. Citation, scope and applicability.
(2)The scope of these regulations is to provide for offences, penalties, sanctions, and measures applicable for all offences falling under the scope of the Act, when these are not provided for in the Act itself and, or in addition thereto, and for an alternative administrative resolution system applicable according to the provisions of these regulations and at the choice of the offender, as well as the penalty points system applicable for serious infringements according to the Control Regulation: Provided that the Minister may extend the applicability of the penalty point system established by these regulations by amending the relevant schedules by notice in the Gazette.
(3)All offences and, or infringements under the Act and its subsidiary legislation shall be sanctioned according to these regulations and any other conflicting provision under the Act shall not be applied by the Director or any other sanctioning authority: Provided that penalties prescribed in the Act shall remain applicable for the relevant offences. 2. requires:
(1)In these regulations, unless the context otherwise "Act" means the Fisheries Conservation and Management Act; Interpretation. Cap.
- "Control Regulation" means Council Regulation (EC) No 1224/ 2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/ 2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/ 2006", as in force from time to time; "European Union" and "EU" shall have the same meaning as *See Legal Notice 364 of
- Cap.
- 2 [ S.L. 425.17 OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE) "the European Union" under the European Union Act; "illegal fishing" means illegal fishing as defined in Article 2
(2)of the IUU Regulation, and fishing or aquaculture activities performed in contravention of the Act; "IUU fishing" and "illegal, unreported and unregulated fishing" mean "illegal, unreported and unregulated fishing" as defined in Article 2
(2)of the IUU Regulation; "IUU Regulation" means Council Regulation (EC) No 1005/ 2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999, as in force from time to time; "RFMO" means a Regional Fisheries Management Organisation recognised by the EU 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 notice in the Gazette; "sanctioning authority" means the Director acting in accordance with regulation 8 or a court of criminal competence as the case may be; "VMS" shall have the same meaning as assigned to it under Article 2 of the Commission Implementing Regulation (EU) No 404/ 2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy, as in force from time to time.
(2)Save as otherwise provided in these regulations, the definitions provided for in the Act are to apply to these regulations. Offences and fines in the Act. 3.
(1)The following fines (multi) shall apply upon conviction by a competent court for the following offences under the Act: (
- a)a fine (multa) of not less than two thousand and five hundred euro (€2,500) but not exceeding fifty-eight thousand and five hundred euro (€58,500), against the master, owner and charterer of a fishing vessel, as applicable, for the infringement of article 8 of the Act; (
- b)a fine (multa) of not less than one thousand and five hundred euro (€1,500) but not exceeding twelve thousand OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE) [ S.L. 425.17 euro (€12,000), against any person who fishes without a permit when such permit is required by regulations made under article 9
(1)of the Act, or against any person who otherwise infringes regulations made under article 9
(1)of the Act; (
- c)a fine (multa) of not less than nine thousand and five hundred euro (€9,500) but not exceeding eighty thousand euro (€80,000), against the master, owner and charterer of a fishing vessel, as applicable, for the infringement of article 10 of the Act; (
- d)a fine (multa) of not less than five thousand euro (€5,000) but not exceeding fifty-eight thousand and five hundred euro (€58,500), against the master if he fails to give the notification required under article 11 of the Act; (
- e)a fine (multa) of not less than two thousand and five hundred euro (€2,500) but not exceeding twenty-three thousand and five hundred euro (€23,500), against the master, owner and charterer of a fishing vessel, as applicable, for the infringement of any condition prescribed in the fishing licence according to article 12 of the Act, and for any act or omission not otherwise authorised through a fishing licence issued according to article 12 of the Act; (
- f)a fine (multa) of not less than twelve thousand (€12,000) but not exceeding eighty thousand euro (€80,000) against any person who violates article 26 of the Act; (
- g)a fine (multa) of not less than two thousand and five hundred euro (€2,500), but not exceeding five thousand and eight hundred and twenty-three euro and forty-three cents (€5,823.43) against any person who lands, sells, receives or is found in possession of fish, knowing or having cause to lead any ordinary reasonable man to believe that said fish were fished in breach of article 28 of the Act.
(2)All offences referred under sub-regulation
(1)are criminal offences, without prejudice to the application of administrative proceedings and penalties according to these regulations. 4.
(1)Any person who, by an act or omission, infringes an obligation or restriction relating to fishing, aquaculture and, or the commercialisation of fish, as imposed by legislation of the European Union having direct applicability in Malta as provided by the Treaty as defined under the European Union Act or in accordance with the law of the European Union as held in the jurisprudence of its Courts, and if such an obligation or restriction is directly imposed upon such person by such legislation or upon Malta as a Member State of the European Union, shall be guilty of an offence against these regulations. Infringement of EU and RFMO obligations. Cap. 460. 3 4 [ S.L. 425.17 OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE)
(2)The provisions of sub-regulation
(1)shall apply mutatis mutandis with respect to obligations imposed upon Malta and, or the European Union under international law or by an RFMO, or upon any person operating under the jurisdiction of Malta with respect to the same obligations as imposed on such person.
(3)Without prejudice to regulations 6 and 8, any person found guilty of an offence under this regulation shall be liable to a fine (multa) of not less than one hundred and fifty euro (€150) and not more than eighty thousand euro (€80,000): Provided that the sanctioning authority shall follow the provisions of regulations 7 and 8 in determining the amount of the fine (multa) to be given upon conviction or admission. Other offences.
- Any person who contravenes any obligation provided under Schedule I, or acts or omits to act in a manner included therein, shall be guilty of an offence and shall, upon conviction or an admission according to regulation 8, be liable to a fine (multa) according to regulation
- Range of fines. 6.
(1)Without prejudice to regulations 3 and 7, and subregulation
(2), the sanctioning authority shall, upon conviction or an admission according to regulation 8, impose a fine (multa) of: (
- a)not less than hundred and fifty euro (€150) and not more than five hundred euro (€500) against the relevant person for any offence falling under a category of minor offences according to Schedules I to III or another provision of these regulations; or (
- b)not less than five hundred and one euro (€501) and not more than twenty thousand euro (€20,000) against the relevant person for any offence falling under a catogery of serious offences related to fisheries according to Schedule I or Schedule II or another provision of these regulations; (
- c)not less than five hundred euro (€500) and not more than eighty thousand euro (€80,000) against the relevant person for any offence falling under a category of serious offence related to aquaculture according to Schedule I or Schedule III or another provision of these regulations.
(2)Notwithstanding sub-regulation
(1), in a case where fishery or aquaculture products are obtained through the commission of a serious offence according to Schedules I to III or another provision of these regulations, the sanctioning authority shall impose a fine (multa) of not less than two times the value of those products and not more than five times the value of those products: Provided that in the case of the commission of a serious OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE) [ S.L. 425.17 5 offence according to Schedules I to III or another provision of these regulations within a period of five
(5)years from the commission of a serious offence as those referred, the sanctioning authority shall impose a fine (multa) of not less than six times, and not more than eight times the value of the fishery or aquaculture products obtained by committing the second or any further serious offence.
(3)No alternative administrative proceedings may be initiated and no administrative penalty may be imposed in lieu of criminal proceedings and fines (multi) if the resulting value of the fine (multa) to be imposed exceeds sixty thousand euro (€60,000).
(4)Without prejudice to the provisions of this regulation and in addition thereto, the sanctioning authority may also order the disposal, confiscation, and, or destruction of any seized fish, perishable items, or fishing or aquaculture implements and, or instruments, and it may also order the release into the sea of live fish: Provided that the sanctioning authority may also order the offender to pay the relevant expenses involved in relation to the measures taken according to this sub-regulation, and when so ordered any such expenses shall be due as a civil debt enforceable by the competent court of civil jurisdiction in favour of the Government and said civil debt shall constitute an executive title according to law in the same manner as if it were a judgement of the competent court of civil jurisdiction.
(5)Entries in Schedules II and III shall be deemed as categories according to which offences according to regulation 4 may be classified for the purposes of sanctioning, but such entries by themselves do not create or allow the inference of any offences according to law.
(6)The sanctioning authority may, in considering all the circumstances of a case and the particular circumstances thereof, deem an offence to be minor or serious notwithstanding its presumed classification according to Schedules I to III, and for so doing it may also consider EU law and international law.
(7)Notwithstanding Schedules II and III, whenever any instrument or law referred under regulation 4 determines that any acts and, or omissions are of a serious nature, any offence substantially related thereto shall be deemed to constitute a serious offence according to these regulations. 7. In determining the amount of the fine (multa) which is to be imposed according to these regulations, the sanctioning authority shall take into account the following criteria, as applicable: (
- a)the objective circumstances in which the offence was committed; Amount of fines. 6 [ S.L. 425.17 OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE) (
- b)the nature and the extent of the damage caused to fishing resources and the marine environment as a result of the offence; (
- c)the nature and the extent of any danger caused to public health and, or human life; (
- d)the overexploitation, and degree thereof, of the fishing resources affected; (
- e)the area in which the illegal fishing activities were carried out, and whether any applicable prohibitions or specific authorisations applied; (
- f)the overall actions of the offender in the commission of the offence and in relation to the enforcement thereof; (
- g)the economic situation of the offender; and (
- h)the proportionality, dissuasiveness effectiveness of the overall sanctions to be imposed. Administrative proceedings and penalties. and 8.
(1)The Director may, when he deems it fit and according to the provisions of these regulations and the Act, offer the possibility to any person, inclusive of legal persons, being an offender according to these regulations, the Act and, or any of its subsidiary legislation, to accept sanctioning through administrative proceedings in lieu of criminal proceedings: Provided that the exercise of discretion by the Director according to this regulation shall not be be examined, reviewed or contested, save for the case being tried by a competent criminal court in its entirety: Provided further that the application of this regulation is finally subject to acceptance by the alleged offender, failing which the alleged offence shall be subject to criminal proceedings according to the provisions of these regulations, the Act and criminal law in general.
(2)Any administrative proceeding and sanctioning according to these regulations shall be applied according to the provisions of article 33 of the Act, without prejudice to the provisions of these regulations which are to be applied in addition to those of article 33 of the Act.
(3)Without prejudice to regulation 6
(3), any administrative penalty determined by the Director shall be up to a half of the maximum criminal fine (multa) provided by law for the offence: Provided that the Director may, if he deems it reasonable OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE) [ S.L. 425.17 7 in the circumstances of the case, impose an administrative penalty which is lower than the minimum applicable according to law.
(4)The provisions of sub-regulation
(3)shall not apply for offences related to aquaculture activities.
(5)Without prejudice to sub-regulation
(3), sanctioning according to this regulation shall also follow the provisions of regulation 7. 9.
(1)The Director shall be responsible for the administration of a penalty point system for serious offences and for such a purpose he shall maintain a register of all penalty points assigned to locally registered vessels and their masters, establishments and, or persons of Maltese citizenship, in accordance with these regulations.
(2)Penalty points shall be applied by the Director for any serious offence listed under Schedules I to III upon a conviction, or upon an admission according to regulation 8: Provided that if in the course of one inspection, investigation or proceeding, two or more serious offences are detected, penalty points shall be assigned in respect of each serious offence up to a maximum of twelve
(12)points for said inspection, investigation or proceeding.
(3)Penalty points shall be attributed according to regulation 10, and the resulting measures shall be applied by the Director according to regulation 11.
(4)Penalty points attributed against a fishing licence holder shall apply against a transferee of that fishing licence whenever such fishing licence is transferred under any title whatsoever, and the transferor shall inform the transferee of any applicable penalty points: Provided that without prejudice to any right of action of the transferee against the transferor, no action shall lie against the Director for any failure of the transferor to notify the transferee of any penalty points as applicable at the moment of giving effect to the transfer according to law.
(5)Whenever a penalty point is applied against a holder of a fishing licence, the equivalent penalty points shall also apply against the registered master of the fishing vessel and, or any master de facto in command of the fishing vessel: Provided that penalty points as applied against masters individually, shall apply against them independently of the fishing vessels they master, and they shall mutatis mutandis be deleted according to regulation 10
(5): Penalty point system for serious infringements. 8 OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE) [ S.L. 425.17 Provided further that any provision of these regulations providing for the suspension of any licence, authorisation or permit, or the permanent withdrawal thereof, shall mutatis mutandis apply to the authorisation to be a master of any fishing vessel.
(6)The provisions of this regulation shall apply mutatis mutandis against the holder of an aquaculture permit and the owner of an aquaculture establishment. Attribution and deletion of penalty points. 10.
(1)The Director shall attribute penalty points to the holders of a fishing licence in accordance with Annex XXX of Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy, as in force from time to time: Provided that the same penalty points shall be applied also against the relevant master: Provided further that the Director shall also attribute three
(3)penalty points against the holder of a fishing licence and the relevant master, for any serious offence according to these regulations which is not listed in the aforesaid Annex XXX.
(2)Save as otherwise provided in Schedule IV, the Director shall attribute the penalty points prescribed according to Schedule IV to the holders of an aquaculture permit and to the owners of an aquaculture establishment: Provided that said penalty points shall only apply to activities related to bluefin tuna.
(3)Whenever another Member State of the European Union notifies Malta in accordance with Article 89
(4)of the Control Regulation, the Director shall attribute the applicable penalty points against the holders of a fishing licence and the masters of a fishing vessel in accordance with these regulations: Provided that when a serious infringement falls under Malta’s jurisdiction, and penalty points would be applicable against that foreign flagged vessel and, or against a foreign citizen, the flag or citizenship of which pertains to a Member State of the European Union, the Director shall notify the competent authorities of that Member State in accordance with Article 89
(4)of the Control Regulation.
(4)The Director shall inform in writing those against whom an attribution of points has been made and, or those against whom a measure is taken according to regulation 11.
(5)The Director shall delete all penalty points registered OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE) [ S.L. 425.17 against any person if within a period of three
(3)years from the last attribution of penalty points no other penalty points have been assigned against that person.
(6)The Director shall delete two
(2)penalty points assigned against a holder of a fishing licence if said holder had been assigned three
(3)points or more when such deletion becomes applicable, if: (
- a)after the assignment of penalty points, the affected fishing vessel uses VMS or electronically records and transmits fishing logbook, transhipment and landing declaration data without having a legal obligation to do so; or (
- b)the holder of the fishing license 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 licence is a member of a producer organisation and the holder of the fishing license accepts a fishing plan adopted by the producer organisation in the year following the assignment of points involving a reduction of ten per cent (10%) of the fishing opportunities for the holder of the fishing license; or (
- d)the holder of the fishing licence subsequently joins a fishery covered by an eco-labelling scheme that is designed to certify and promote labels for products from wellmanaged marine capture fisheries and focus on issues related to the sustainable use of fisheries resources.
(7)Any involvement in one of the scenarios provided under sub-regulation
(6)for the purpose of deleting penalty points shall be subject to the prior approval of the Director and to the conditions he may deem fit to impose for such purpose.
(8)In any three year period and for any particular holder of a fishing licence, the Director shall delete no more than two
(2)penalty points according to sub-regulation
(6).
(9)The Director shall inform the holder of the fishing licence of any deletion according to sub-regulation
(6)and of the remaining penalty points attributed to him. 11.
(1)The accumulation of eighteen
(18)penalty points at any one time shall result in a two
(2)month suspension of any relevant licence, permit and, or authorisation as held by the relevant person.
(2)The accumulation of thirty-six
(36)penalty points at any one time shall result in a four
(4)month suspension of any relevant Accumulation of points and measures. 9 10 [ S.L. 425.17 OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE) licence, permit and, or authorisation as held by the relevant person.
(3)The accumulation of fifty-four
(54)penalty points at any one time shall result in an eight
(8)month suspension of any relevant licence, permit and, or authorisation as held by the relevant person.
(4)The accumulation of seventy-two
(72)penalty points at any one time shall result in a one
(1)year suspension of any relevant licence, permit and, or authorisation as held by the relevant person.
(5)The accumulation of ninety
(90)penalty points at any one time shall result in the permanent withdrawal of any relevant licence, permit and, or authorisation as held by the relevant person. Effects of suspension or withdrawal. 12.
(1)Notwithstanding anything provided in these regulations, no penalty points shall be deleted during any period of suspension according to these regulations.
(2)Any suspension or withdrawal according to regulation 11, as notified according to regulation 10
(4), shall result in the immediate cessation of all fishing or aquaculture activities by the relevant vessel, establishment and, or person, as applicable: Provided that instead of notification according to regulation 10
(4), the Director may order the relevant person to cease all activities due to the application of measures according to regulation 11.
(3)Aquaculture establishments subject to suspension according to these regulations shall operate, at their expense, under the supervision of the Director and according to the conditions set by the Director upon communicating the suspension according to subregulation
(2): Provided that such operation shall be intended for and exclusively limited to the sustenance of the fish of the aquaculture establishment.
(4)By virtue of these regulations, aquaculture establishments subject to a permanent withdrawal of their aquaculture permits according to these regulations shall be deemed to fall under the control of the Director and any holder of an aquaculture permit shall upon request by the Director transfer control of the aquaculture establishment and its operations to the Director: Provided that prior to taking control of any aquaculture establishment, the Director may establish transitory periods and applicable measures to be complied with by the holder of the aquaculture permit so as to safeguard the fish, the environment, the health and safety of all affected, and the economic interests of Malta: Provided further that prior to or upon taking control of OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE) [ S.L. 425.17 any aquaculture establishment, the Director may also designate a competent person to ensure an adequate cessation of aquaculture operations allowing for the safeguarding of the fish, the health and safety of all affected, the environment and the economic interests of Malta.
(5)Any notification or order according to sub-regulation
(2), as affecting fishing vessels, shall be deemed to require that the fishing vessel return to a port in Malta as may be identified by the Director and that all fishing gear is lashed and stowed in accordance with Article 47 of the Control Regulation.
(6)Together with or following a notification or order according to sub-regulation
(2), the Director may also issue orders with respect to any catch on board a fishing vessel.
(7)Any person who breaches or acts contrary to any provision of this regulation, or order made thereunder, shall be deemed to have committed a serious offence for the purposes of these regulations: Provided that for the purposes of regulation 6, the breach of sub-regulations
(3)and
(4)shall be deemed to be serious offences related to aquaculture: Provided further that for the purposes of regulation 6, the breach of sub-regulations
(5)and
(6)shall be deemed to be serious offences related to fisheries. 13.
(1)Any judicial review, when possible according to law, of anything done by the Director according to regulations 9 to 12 shall not suspend the attribution of penalty points or any applicable period according to these regulations, or the application of measures in accordance with regulation 11. Review of decisions on penalty points.
(2)Any failure to notify an attribution or deletion of penalty points shall not affect said attribution or deletion when these are applicable according to these regulations: Provided that no measure according to regulation 11 shall become applicable in case of failure to notify or order the same: Provided further that notification shall be deemed to have been made according to these regulations if the Director proves that he attempted delivery of the relevant documents at the last registered address of the person concerned, as registered with the Director. 14.
(1)The Director shall be competent to order the application of any of the immediate enforcement measures according to Article 43 of the IUU Regulation. Immediate enforcement measures and accompanying sanctions. 11 12 [ S.L. 425.17 OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE)
(2)When sanctioning an offence according to these regulations, the sanctioning authority may order the application of any of the accompanying sanctions according to Article 45 of the IUU Regulation.
(3)Sub-regulations
(1)and
(2)shall apply in cases of serious offences according to these regulations and their application shall be subject to the provisions of Article 46 of the IUU Regulation: Provided that, without prejudice to any other law, subregulations
(1)and
(2)shall not apply for minor offences. Repeal and saving. S.L. 425.
- S.L. 425.
- The Enforcement of Sea Fishing Conventions Order and the Point System for Serious Infringements Order are hereby repealed: S.L. 425.
- S.L. 425.
- Provided that the provisions of the Enforcement of Sea Fishing Conventions Order and the Point System for Serious Infringements Order shall remain applicable for offences and infringements committed before the coming into force of these regulations, without prejudice to any instances in which an offence would be subject to more favourable sanctioning according to the Enforcement of Sea Fishing Conventions Order. Transitory provision.
- Any provision under any subsidiary legislation to the Act, which is affected by regulation 1
(3), shall be inapplicable and deemed as if repealed as from the coming into force of said regulation, without prejudice to any instances in which an offence would be subject to more favourable sanctioning according to the provisions of the relevant subsidiary legislation. SCHEDULE I Other Offences (Regulation 5) The contravention of obligations or the acts or omissions entered in the first column shall be considered to be offences according to regulation 5, while their presumed category of offence for the purposes of regulation 6 is as shown in the second column: Offence Category of Offence OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE) [ S.L. 425.17 Serious offence related to a. Any fishing, taking or harvesting of fisheries. aquaculture products from an authorised aquaculture establishment without the authorisation of the aquaculture permit holder. Serious offence related to b. Fishing with explosives, weapons, toxic, fisheries. poisonous, soporific or corrosive substances, or possession or commercialisation of fishery products obtained through such fishing methods, when not subject to regulation
- Serious offence related to c. The elimination, or aquaculture, as alteration, concealment or fisheries tampering of evidence that may applicable. be obtained in the course of the work or procedures of control and inspection, when not otherwise covered at law. SCHEDULE II Categories of Minor Offences related to Fisheries or the Marketing of Fish For the purposes of regulation 6, the following shall be considered to be categories of minor offences related to fisheries or the marketing of fish:
- The late submission and, or incorrect submission of any fishing information in any documentation required by law, inclusive of any logbook or declaration, electronic or otherwise but exclusive of any documentation relevant to the commercialisation of fish, when done without intent to provide false information.
- Any failure to communicate any change in details necessary for licence and permit purposes, without knowledge of the relevant obligation and when according to the facts of the case it does not constitute a serious offence according to these regulations.
- Failure, without intent, to provide timely information to the Director, any of his delegates, and, or fisheries protection officers, when this is required by law and when these relate to details or information on the registration, licensing and operation of fishing vessels or the marketing of fish.
- Sporadic failure to comply with obligations related to the 13 14 [ S.L. 425.17 OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE) electronic transmissions of an electronic fishing logbook, or other electronic transmissions required according to law.
- Absence of, or incorrect, identification of fish or other traceability requirements on lots of fisheries products on board or at landing, and prior to their first sale.
- Sporadic failure to give notification of entry into port or failure to do so timely.
- The incorrect or defective use of vessel markings, when not substantial or when not otherwise categorised as serious. Categories of Serious Offences related to Fisheries or the Marketing of Fish For the purposes of regulation 6, the following shall be considered to be categories of serious offences related to fisheries or the marketing of fish:
- Any provision of information known to be false or which could have reasonably be known to be false or incorrect.
- Any fishing activity without having a licence, authorisation or permit required according to the Act or any other law.
- Any fishing activity with an apparently licensed fishing vessel, whenever said vessel does not comply with the gross tonnage or engine power characteristics or the conditions authorised through the fishing licence or other applicable authorisation, or when said vessel characteristics are in fact otherwise contrary to law.
- Any breach of any condition laid down in a licence, authorisation or permit issued by the Director according to the Act or any other law.
- Engaging in fishing at night or in situations of low visibility without the use of adequate or required lights or in any other manner which would hinder the adequate identification of the vessel.
- The performance of any function on board a fishing vessel without being adequately qualified and competent to perform it.
- The carrying by foreign fishing vessels of fish, or products containing fish or parts thereof, the origin of which is not identified or adequately documented.
- The landing by foreign fishing vessels of fish, or products containing fish or parts thereof, the origin of which is not identified or adequately documented. OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE) [ S.L. 425.17
- The landing in Malta or discharge at sea of fishery products of non-European Union origin without obtaining the necessary authorisations or in a manner otherwise contrary to law.
- Fishing with explosives, weapons, toxic, poisonous, soporific or corrosive substances, or possession or commercialisation of fishery products obtained through such fishing methods.
- distances. Fishing in prohibited or unauthorised areas, depths or
- Fishing during prohibited or unauthorized periods of time.
- Failure to comply with obligations related to the type of fishing gear.
- Failure to comply with obligations related to fishing effort, fishing opportunities, total allowable catches and, or quotas.
- Failure to comply with the obligations established under any international instrument in the matter of sea fishing, or with any applicable measure by an RFMO, when this goes contrary to conservation and management measures of fishery resources.
- Any conduct otherwise classified as minor, committed by natural or legal persons, by stateless vessels or by vessels flying a flag of convenience or by non-European Union vessels which have been identified by the European Union and, or RFMOs or other international organisations as having engaged in IUU fishing or having acted contrary to measures for the conservation and management of fishery resources.
- Participation in transhipments or in joint fishing operations with stateless vessels or third country vessels identified by RFMOs or other International Organisations for engaging in IUU fishing or for having acted contrary to measures for the conservation and management of fishery resources, or the provision of any assistance, support or replenishment of such vessels.
- Participation in the operation, management and ownership of stateless vessels or third country vessels identified by RFMOs or other International Organisations for engaging in IUU fishing or for having acted contrary to measures for the conservation and management of fishery resources.
- Failure to carry a required logbook in paper format or failure to carry any apparatus necessary for the proper functioning of an electronic logbook and the electronic transmission of the relevant data. 15 16 [ S.L. 425.17 OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE)
- Any intentional manipulation, alteration, damage or interference to the equipment required for the control, monitoring or surveillance of the vessel, and including but not limited to any action limiting its recording or communicating capabilities.
- Repeated, negligent or intentional failure in fully and correctly completing any required documentation or in fully and correctly effecting a required trasmission, and inclusive of when no submission or transmission of the relevant documentation is made unless it falls under a minor offence category.
- The intentional omission from or the alteration of any data contained in any required documentation or transmission.
- Any failure to carry on board any documentation required by law, including but not limited to fishing licences, permits or authorisations and stowage plans.
- The total lack of display of vessel markings or the intentional use of misleading vessel markings.
- Any navigation or fishing activity without equipment required for the control, monitoring or surveillance of the vessel.
- Failure to comply with measures relating to the type, characteristics, transport, holding, storage and use of fishing gear.
- The lack of a boarding ladder required according to law, or the use of one not according to legal requirements, or the infringement of any obligation related thereto.
- The elimination, alteration, concealment or tampering of evidence that may be obtained in the course of the work or procedures of control and inspection.
- Any discard of fish from a fishing vessel against any obligation at law.
- Failure to comply with any obligation in relation to the weighing of fish before its first sale.
- The landing and, or loading of fish in places other than ports or other places designated by the Director.
- officers. The landing of fish without the presence of competent
- Failure to notify the Director, in the event of landing of catches outside the territory of the European Union, of the species, quantities and data of such landing, as well as the area where the catches were taken and any other required data, or doing it by OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE) [ S.L. 425.17 misreporting, falsifying or hiding any relevant data.
- The possession, transfer or dealing of fish the origin of which is not traceable.
- Any fishing, possession or commercialisation of fish species which are undersized according to law.
- The commercialisation, or activities ancillary thereto, of fish in breach of obligations related to freshness and calibration, or without the necessary authorisations or under conditions different from those established in said authorisations. SCHEDULE III Categories of Minor Offences related to Aquaculture For the purposes of regulation 6, the following shall be considered to be categories of minor offences related to aquaculture:
- The late submission and, or incorrect submission of any aquaculture information in any documentation required by law, inclusive of any logbook or declaration, electronic or otherwise, when done without any intent to provide false information.
- Sporadic failure to maintain cage numbering on the aquaculture establishment cages. For the purposes of regulation 6, the following shall be considered to be categories of serious offences related to aquaculture: Categories of Serious Offences related to Aquaculture
- Repeated, negligent or intentional failure in maintaining cage numbering on the aquaculture establishment cages.
- Failure to comply with any obligation in relation to the towing, caging or harvesting of bluefin tuna.
- Failure to provide any documentation required when towing bluefin tuna or in relation to bluefin tuna towing activities.
- Failure to have operational monitoring systems onboard or failure to report positions by towing vessels, when so required.
- The towing or auxiliary vessel carries fishing gear onboard contrary to applicable law or conditions.
- Any unauthorised physical transfer of bluefin tuna at sea.
- Any landing and, or commercialisation of bluefin tuna 17 18 [ S.L. 425.17 OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE) which is affected by an illegality of any sort.
- Any lack of observance of a required distance from the cages of an aquaculture establishment, as directed by the relevant authorities.
- Any caging or harvesting operation without the prior authorisation of the relevant authorities.
- Any failure to observe any direction given by the relevant authorites as relating to the sealing of the cages of an aquaculture establishment.
- vessel. Any failure to report bluefin tuna onboard a processing SCHEDULE IV Points Applicable for Serious Infringements in the Aquaculture Sector (Bluefin Tuna) No. Serious Offence Assigned to Number of points assigned As applicable according to the obligations involved in a given case, which may affect any person, including the vessel operator, its master and the aquaculture establishment operator. 1 Failure to provide any documentation required when towing bluefin tuna or in relation to bluefin tuna towing activities. 2 Failure to have operational The master of monitoring systems towing vessel. onboard or failure to report positions by towing vessels, when so required. the Three
(3), if the documentatio n relates to daily vessel activities, or seven
(7)if the documentatio n relates specifically to bluefin tuna, in any other case three
(3)points Seven
(7)OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE) of [ S.L. 425.17 3 The towing or auxiliary The master vessel carries fishing gear vessel. onboard contrary to applicable law or conditions. the Seven
(7)4 The master of the vessel conducts an illegal or unauthorised landing of bluefin tuna. The master of the vessel concerned, and if applicable, the relevant aquaculture establishment operator. Ten
(10)5 Any unauthorised physical The master of the transfer of bluefin tuna at vessel concerned, and if applicable, the sea. relevant aquaculture establishment operator. Fifteen
(15)6 Any landing and, or commercialisation of bluefin tuna which is affected by an illegality of any sort, including in relation to traceability obligations. Any applicable person. Fifteen
(15)7 Any lack of observance of a required distance from the cages of an aquaculture establishment, as directed by the relevant authorities. The master of the relevant vessel. Ten
(10)8 Repeated, negligent or intentional failure in maintaining cage numbering on the bluefin tuna aquaculture establishment cages. The permit holder and operator of the aquaculture establishment. Three
(3)19 [ S.L. 425.17 20 OFFENCES, PROCEEDINGS AND SANCTIONING (FISHERIES AND AQUACULTURE) 9 Any bluefin tuna caging or harvesting operation without the prior authorisation of the relevant authorities. The permit holder and operator of the aquaculture establishment, and any other applicable person. Fifteen
(15)10 Any failure to observe any direction given by the relevant authorities as relating to the sealing of the cages of an aquaculture establishment. The permit holder and operator of the aquaculture establishment. Fifteen
(15)11 Any failure to report bluefin tuna onboard a processing vessel. Master of the processing vessel. Seven
(7)