S.L. 425.17 Art. 6Range of fines.

(1) Without prejudice to regulations 3 and 7, and sub-regulation (2), the sanctioning authority shall, upon conviction or an admission according to regulation 8, impose a fine (multa) of:

(a) not less than hundred and fifty euro (€150) and not more than five hundred euro (€500) against the relevant person for any offence falling under a category of minor offences according to Schedules I to III or another provision of these regulations; or

(b) not less than five hundred and one euro (€501) and not more than twenty thousand euro (€20,000) against the relevant person for any offence falling under a catogery of serious offences related to fisheries according to Schedule I or Schedule II or another provision of these regulations;

(c) not less than five hundred euro (€500) and not more than eighty thousand euro (€80,000) against the relevant person for any offence falling under a category of serious offence related to aquaculture according to Schedule I or Schedule III or another provision of these regulations.

(2) Notwithstanding sub-regulation (1), in a case where fishery or aquaculture products are obtained through the commission of a serious offence according to Schedules I to III or another provision of these regulations, the sanctioning authority shall impose a fine (multa) of not less than two times the value of those products and not more than five times the value of those products:

Provided that in the case of the commission of a serious offence according to Schedules I to III or another provision of these regulations within a period of five (5) years from the commission of a serious offence as those referred, the sanctioning authority shall impose a fine (multa) of not less than six times, and not more than eight times the value of the fishery or aquaculture products obtained by committing the second or any further serious offence.

(3) No alternative administrative proceedings may be initiated and no administrative penalty may be imposed in lieu of criminal proceedings and fines (multi) if the resulting value of the fine (multa) to be imposed exceeds sixty thousand euro (€60,000).

(4) Without prejudice to the provisions of this regulation and in addition thereto, the sanctioning authority may also order the disposal, confiscation, and, or destruction of any seized fish, perishable items, or fishing or aquaculture implements and, or instruments, and it may also order the release into the sea of live fish:

Provided that the sanctioning authority may also order the offender to pay the relevant expenses involved in relation to the measures taken according to this sub-regulation, and when so ordered any such expenses shall be due as a civil debt enforceable by the competent court of civil jurisdiction in favour of the Government and said civil debt shall constitute an executive title according to law in the same manner as if it were a judgement of the competent court of civil jurisdiction.

(5) Entries in Schedules II and III shall be deemed as categories according to which offences according to regulation 4 may be classified for the purposes of sanctioning, but such entries by themselves do not create or allow the inference of any offences according to law.

(6) The sanctioning authority may, in considering all the circumstances of a case and the particular circumstances thereof, deem an offence to be minor or serious notwithstanding its presumed classification according to Schedules I to III, and for so doing it may also consider EU law and international law.

(7) Notwithstanding Schedules II and III, whenever any instrument or law referred under regulation 4 determines that any acts and, or omissions are of a serious nature, any offence substantially related thereto shall be deemed to constitute a serious offence according to these regulations.