S.L. 425.17 · Offences, Proceedings And Sanctioning (S.L. 425.17)
S.L. 425.17 Art. 2Interpretation. Cap. 425. Cap. 460.
(1) In these regulations, unless the context otherwise requires:
"Act" means the Fisheries Conservation and Management Act;
"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 2022. (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.