Article 9 Offences under the Council Regulation

England and Wales

(1)

It is an offence for the person in charge of a third country fishing vessel to enter port without authorisation under Article 7 of the Council Regulation.

(2)

It is an offence for the person in charge of a fishing vessel to conduct a transhipment with a third country fishing vessel contrary to Article 4(3) of the Council Regulation.

(3)

It is an offence to import fishery products without a validated catch certificate pursuant to Article 12 of the Council Regulation.

F1(4)

It is an offence for a person to engage in fishing for a stock in any area where, under the conservation and management measures (within the meaning of the Council Regulation) applicable in that area, such fishing is subject to a moratorium or is prohibited.

(5)

It is an offence for a person to tranship fish or fishery products between, or participate in joint fishing operations with, a fishing vessel that—

(a)

has engaged in IUU fishing;

(b)

is on the F2United Kingdom IUU vessel list; or

(c)

is on an IUU vessel list of a regional fisheries management organisation.

(6)

In relation to a fishing vessel on the F3United Kingdom IUU vessel list, it is an offence for a person—

(a)

to enter into an agreement to operate or beneficially own it;

(b)

to furnish it with any supplies, gear or people; or

(c)

to engage in employment on it.

F4(6A)

In relation to a non-cooperating third country listed on a list established under Article 33 of the Council Regulation, it is an offence for a person—

(a)

to import fishery products caught by a fishing vessel flying the flag of the third country unless the products are from stock or species to which the listing does not apply;

(b)

to purchase a fishing vessel flying the flag of the third country;

(c)

to reflag a F5United Kingdom fishing vessel so that it flies the flag of the third country;

(d)

to enter into a charter agreement with the third country F6...;

(e)

to export a F7United Kingdom fishing vessel to the third country;

(f)

to enter into an agreement for a F8United Kingdom fishing vessel to use the fishing possibilities of the third country; or

(g)

to participate in joint fishing operations with a fishing vessel flying the flag of the third country.

(7)

It is an offence for a person to conduct business directly connected to IUU fishing, within the meaning of Article 42(1)(b) of the Council Regulation,

(8)

It is an offence for a person to falsify, or use falsified, documents contrary to Article 42(1)(c) of the Council Regulation.

(9)

It is an offence for a person, knowing a consignment to be a controlled consignment, to move it or cause it to be moved otherwise than in accordance with the written consent of an authorised officer.

(10)

It is an offence for a person to disclose information received from the Commissioners contrary to article 19(3) of this Order.

(11)

In paragraphs (1) and (2), the “person in charge” of a fishing vessel means the owner, master, charterer (if any) or their agents.

F9(12)

Paragraph (6A)(e) is an “equivalent provision” for the purposes of—

(a)

the Sea Fishing (Illegal, Unreported and Unregulated Fishing) (Scotland) Order 2013; and

(b)

the Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order (Northern Ireland) 2018.

Annotations

Textual amendments

F1: Art. 9(4) substituted (18.6.2018) by The Sea Fishing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/643), regs. 1(1), 5(2)
F2: Words in art. 9(5)(b) substituted (31.12.2020) by The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 9(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in art. 9(6) substituted (31.12.2020) by The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 9(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F4: Art. 9(6A) inserted (18.6.2018) by The Sea Fishing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/643), regs. 1(1), 5(3)
F5: Words in art. 9(6A)(c) substituted (31.12.2020) by The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 9(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F6: Words in art. 9(6A)(d) omitted (31.12.2020) by virtue of The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 9(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F7: Words in art. 9(6A)(e) substituted (31.12.2020) by The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 9(3)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F8: Words in art. 9(6A)(f) substituted (31.12.2020) by The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 9(3)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)
F9: Art. 9(12) inserted (18.6.2018) by The Sea Fishing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/643), regs. 1(1), 5(4)