S.L. 425.8 Art. 4Offences and penalties.

(1) Any person who does not comply with any restriction or obligation relating to sea fishing contained in any of the conventions to which this Order applies shall be guilty of an offence against the Act.

(2) Any person found guilty having committed, or held liable for, an offence, that is shown to be serious in terms of the convention from which it arises, shall be liable to a fine (multa) of five times the value of the fishery products obtained by committing the serious infringement.

(3) Any person found guilty of having committed, or held liable for, a repeated offence within a five-year period, that is shown to be serious in terms of the convention from which it arises, shall be liable to a fine (multa) of eight times the value of the fishery products obtained by committing the serious infringement.

(4) Any person found guilty of having committed, or held liable for, an offence, that is shown to be serious in terms of the convention from which it arises, where no fishery products were obtained by committing the said serious infringement, shall be liable on conviction to a fine (multa) of not less than one thousand euro (€1000) and not more than ten thousand euro (€10,000). In determining the amount of the fine which is to be imposed, regard shall be had to the prejudice caused to the fishing resources and the marine environment, as well as to the economic situation of the offender and any repetition of an infringement.

(5) Any person found guilty of having committed, or held liable for, an offence, that is shown to be minor in terms of the convention from which it arises, shall be liable to a fine (multa) equivalent to the value of the fishery products obtained by committing the infringement.

(6) Any person who is found guilty of having committed, or held liable for, an offence, that is shown to be minor in terms of the convention from which it arises, where no fishery products were obtained by committing the said serious infringement, shall be liable on conviction to a fine (multa) of not less than fifty euro (€50) and not more than one thousand euro (€1,000). In determining the amount of the fine which is to be imposed regard shall be had to the prejudice caused to the fishing resources and the marine environment, as well as to the economic situation of the offender and any repetition of an infringement:

Provided that where the offence, in relation to which a penalty is being quantified in terms of this Order, is specifically contemplated in the Act and where the Act provides for a specific penalty in respect of that same offence, the penalty imposed in terms of this Order shall under no circumstance exceed the maximum penalty contemplated therein: Provided further that where any such convention provides for a further or more specific penalty in respect of a violation of any of its provisions, such penalty shall be applicable in respect of violations to such provisions:

Provided further that for the purpose of this Order an offence shall be deemed to be serious where:

(a) the violation constitutes a repeated offence by the master or captain or owner of the fishing vessel; or

(b) the fishing vessel is not in possession of a valid fishing licence granted under the Act; or

(c) the fishing vessel is not in possession of a valid authorization and, or permit as required by the Act; or

(d) any required catch reports were intentionally left incomplete and, or inaccurate; or

(e) any required notification reports were not sent; or

(f) the master or the captain or the owner of the fishing vessel was fishing in a closed area; or

(g) the master or the captain or the owner of the fishing vessel was fishing during a closed season; or

(h) the master or the captain or the owner of the fishing vessel was fishing without having obtained a quota for the vessel or beyond the quota granted to the vessel in terms of the Act; or

(i) the master or the captain or the owner of the fishing vessel was fishing beyond a closed depth; or

(j) the master or the captain or the owner of the fishing vessel engaged in direct fishing for a stock which is subject to a moratorium or in respect of which fishing is prohibited; or

(k) where there is reasonable cause to believe that the master or the captain or the owner of the fishing vessel used prohibited or non-compliant fishing gear; or

(l) the master or the captain or the owner of the fishing vessel falsified or intentionally concealed its markings, identity or registration; or

(m) the master or the captain or the owner of the fishing vessel concealed, tampered with and, or disposed of any evidence which is the subject of an investigation; or

(n) the master or the captain or the owner of the fishing vessel obstructed the work of the fisheries officials or any other competent authority; or

(o) the master or the captain or the owner of the fishing vessel took on board, transshipped or landed undersized fish; or

(p) the master or the captain or the owner of the fishing vessel transshipped or participated in joint fishing operations with, supported or resupplied other fishing vessels identified as having engaged in IUU fishing; or

(q) the master or the captain or the owner of the fishing vessel carried out fishing activities in the area of a regional fisheries management organization in a manner inconsistent with, or in contravention of the conservation and management measure of that organization, and is flagged to a State not party to that organization or not cooperating with that organization as established by that organization; or

(r) the fishing vessel has no nationality and is therefore stateless in accordance with international law; or

(s) the master or the captain or the owner of the fishing vessel failed to transmit a landing declaration or a sales note when the landing of the catch took place in the port of a third country; or

(t) the master or the captain or the owner of the fishing vessel manipulated an engine with the aim of increasing its power beyond the maximum continuous engine power according to the engine certificate; or

(u) the master or the captain or the owner of the fishing vessel failed to land any species subject to a quota caught during a fishing operation.

(7) The provisions of article 33 of the Act shall apply in the case of a second or subsequent conviction to a convention listed in the Schedule.