Cap. 425 ст. 30Offences, penalties and proceedings.

(1) Any person who contravenes any provision of this Act or any subsidiary legislation made thereunder for which no penalty is specifically provided shall, on conviction by a competent court, be liable to a fine (multa) of not less than one hundred and fifty euro

(€150) but not exceeding eighty thousand euro (€80,000).

(2) Where any person is convicted of an offence against this Act, the Court may, in addition to any other penalty that it may impose, order that any fishing gear, instruments or appliances used in the commission of such offence and any fish on board a fishing vessel or the proceeds of sale thereof, if already sold, shall be forfeited to the Government and if so forfeited shall be disposed of in such manner as the Director, acting in his discretion, may direct.

(3) For the purposes of any proceedings under this Act, any fish found on board a fishing vessel shall, unless the contrary is proved, be presumed to have been caught -

(a) within the fishing waters or in an area where the vessel is required to have a licence or permit to fish; and,

(b) within the vicinity of the vessel at the time the fish is so found, where the licence or permit restricts the vessel to fish in a particular area.

(4) An attempt to commit an offence under this Act shall itself constitute an offence and may be dealt with in like manner as if the attempted offence had been committed.

(5) Any master who tranships, receives on board a fishing vessel, transports or in any other manner deals with fish caught or transhipped in contravention of this Act shall be guilty of an offence. (6) Repealed by Act XVII.2022.24.

(7) Repealed by Act XIII.2025.4.

(8) The Director may, in respect of prosecutions and proceedings for infringements under this Act or any subsidiary legislation made thereunder produce evidence and participate in the prosecution of the case together with the Police before the Court.

(9) A certificate purporting to be signed by the Director or any officer authorised by him for that purpose, to the effect that on a date specified in the certificate:

(a) a fishing vessel specified in that certificate was not entered in the register of fishing vessels, licensed or specified in a fishing permit under this Act or any subsidiary legislation made thereunder; or

(b) the accused person or any other named person was not the holder of a licence or fishing permit under this Act or any subsidiary legislation made thereunder, shall, in the absence of proof to the contrary, be sufficient evidence of the matter stated in the certificate.