Regulation 9 Offences and penalties for United Kingdom fishing vessels

(1)

If a United Kingdom fishing vessel F1, which is not an exempt fishing vessel, proceeds or attempts to proceed to sea on a voyage without a valid Work in Fishing Convention Certificate, the fishing vessel , which is not an exempt fishing vessel, owner and the skipper of the fishing vessel , which is not an exempt fishing vessel, are guilty of an offence and liable on summary conviction—

(a)

in England and Wales to a fine; or

(b)

in Scotland and Northern Ireland to a fine not exceeding level 5 on the standard scale,

or on conviction on indictment to imprisonment for a term not exceeding two years, or a fine, or both.

(2)

Any person who—

(a)

intentionally alters a Work in Fishing Convention Certificate; or

(b)

intentionally produces a false Work in Fishing Convention Certificate,

is guilty of an offence and is liable on summary conviction—

(i)

in England and Wales to a fine; or

(ii)

in Scotland and Northern Ireland to a fine not exceeding level 5 on the standard scale.

(3)

Any contravention of regulation 7 is an offence by the fishing vessel owner and by the skipper punishable on summary conviction—

(a)

in England and Wales to a fine; or

(b)

in Scotland and Northern Ireland by a fine not exceeding the statutory maximum,

or on conviction on indictment by imprisonment for a term not exceeding two years, or a fine, or both.

F2(3A)

If a United Kingdom fishing vessel which is an exempt fishing vessel is not made available for a survey in accordance with Merchant Shipping Notice 1885 (F), the fishing vessel owner and the skipper of the fishing vessel are guilty of an offence and are liable—

(a)

on summary conviction—

(i)

in England and Wales, to a fine;

(ii)

in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale; or

(b)

on conviction on indictment to imprisonment for a term not exceeding two years, or a fine, or both.

(4)

In any proceedings for an offence under this regulation, it is a defence for the person charged to prove that all reasonable steps had been taken by that person to ensure compliance with the requirements of the provision in question.

Annotations

Textual amendments

F1: Words in reg. 9(1) inserted (26.12.2020) by The Merchant Shipping (Maritime Labour Convention and Work in Fishing Convention) (Amendment) Regulations 2020 (S.I. 2020/1166), regs. 1, 4(4)(a)
F2: Reg. 9(3A) inserted (26.12.2020) by The Merchant Shipping (Maritime Labour Convention and Work in Fishing Convention) (Amendment) Regulations 2020 (S.I. 2020/1166), regs. 1, 4(4)(b)