S.L. 425.17 Art. 12Effects of suspension or withdrawal.

(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 sub-regulation (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 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.