Cap. 425 Art. 38Power to make regulations.

(1) The Minister may make regulations for the better carrying into effect of the purposes of this Act.

(2) In particular and without prejudice to the generality of subarticle (1), such regulations may provide for:

(a) anything which is to be or may be prescribed under this Act;

(b) the conservation, management and protection of fish resources including the establishment of closed areas and closed seasons, the prescription of the limits on the amounts, sizes and weights of fish caught, retained or traded, the prescription of mesh sizes of nets, the control and use of types of fishing gear, the control and prohibition of methods of fishing and the protection of fish stocks and their habitats from the actual or potential effects of pollution or from the actual or potential effects of measures taken to eliminate or control pollution;

(c) the establishment and management of marine areas for the preservation of fish stocks, including their means of sustenance;

(d) the licensing of any kind of fishing including any activity related to fishing and the various registers necessary including the fishing vessel register;

(e) the regulation of amateur and recreational fishing;

(f) a quota or total allowable catch for any fish or in respect of any method of fishing in any part of the fishing waters and authorising the Director to allocate any such quota or total allowable catch to such commercial fishermen as he may specify by notice in the Gazette;

(g) the control of the exploitation of coral and sponge resources;

(h) the protection of turtles, dolphins and other aquatic animals;

(i) the regulation of the importation of live marine or freshwater fish and fry, eggs and spawn thereof;

(j) the promotion and control of the cultivation of fish including the issue by the Director of a code of practice for the maintenance and operation of aquaculture establishments;

(k) the regulation of the landing of fish including the designation of landing places and the control of the handling and transportation of fish and fish products;

(l) the regulation of the marketing of fish including the designation of fish markets, the control of fish auctions and the registration of fish buyers and dealers;

(m) the regulation of market intervention schemes;

(n) the commercial regulation of the export and import of fish and fish products;

(o) the control of quality standards and grading of fish sold, exported or imported;

(p) the payment of fees on applications for permits, licences and registrations and on the issue of permits, licences or registrations; as well as the provision by applicants for licences and licensees of bonds or other forms of security for securing their compliance with the obligations under the terms and conditions of their licences;

(q) the conditions and procedures for applications for any permits, licences or registrations, or other documents and the forms to be used therefor;

(r) the appointment of local agents for foreign fishing vessels;

(s) the placing of observers on fishing vessels;

(t) to regulate any satellite based monitoring systems that may be established under article 36, and to impose such obligations on fishing vessels necessary for the proper operation of such system;

(u) he control of public fish landing places;

(v) reports to be made for the purposes of this Act;

(w) compliance with, and the implementation of, obligations of Malta under any convention and, or treaty, and may include the application to convention vessels of any of the provisions of this Act which do not relate exclusively to foreign fishing vessels with any necessary modifications to provisions relating to any matters including qualifications for ownership of fishing vessels;

(x) health and safety regulations as may be deemed proper; and

(y) the establishment of a point system for any infringement under this Act or any subsidiary legislation made thereunder.

(3) Without prejudice to sub-article (1), the Minister may by regulations prescribe offences, penalties, measures and, or proceedings, be they criminal or administrative, for any provision of this Act if this Act does not provide thereon, and he may also do so for any provision in subsidiary legislation done under this Act.

(4) Without prejudice to any penalty point system established by the Minister, any regulations made by the Minister according to this article which provide for administrative proceedings shall be without prejudice to article 33 and such regulations shall follow the requirements of article 33.