Fishing Vessels Regulations, 2004 (L.N. 407)

B 6418 L.N. 407 of 2004 FISHERIES CONSERVATION AND MANAGEMENT ACT, 2001 (ACT NO. II OF 2001) Fishing Vessels Regulations, 2004 IN exercise of the powers conferred by article 38 of the Fisheries Conservation and Management Act, 2001 the Minister for Rural Affairs and the Environment, with the concurrence of the Minister of Finance, has made the following regulations> 1. The title of these regulations is the Fishing Vessels Regulations, 2004. 2. In these regulations, unless the content otherwise requires “Act” means the Fisheries Conservation and Management Act, 2001< “Department” means the Department responsible for fisheries and aquaculture. “Director” means the officer responsible for fisheries and aquaculture< “Fishing Vessels Register” means the register of local fishing vessels kept by the Director in terms of regulation 8 of these regulations< “Minister” means the Minister responsible for fisheries and aquaculture< 3. (a) Every vessel being used for fishing shall be licensed for such an activity and registered in the Fishing Vessels Register. (b) Fishing vessels of all categories of six metres or over in length shall also be registered under the Merchant Shipping Act. (c) The issued licence shall be kept on board the vessel at all times. Fishing vessels of all categories could be used for purposes described in the licence. Title. Interpretation. Registration of fishing boats. Cap. 234 B 6419 (d) These vessels could be used temporarily for any other purpose following an approval of a request to the Director. 4. Any fishing vessel which requires any other registration in accordance with any provision of prevailing maritime laws or other conventions, may obtain such other registration following the registration of such fishing vessel in the Fishing Vessels Register. 5. (a) The owner or charterer or captain of a fishing vessel shall apply for the registration and licensing of such vessel using the form indicated in Schedule I to these regulations. This form shall be accompanied by a certificate indicating the tonnage and length of the vessel and it shall be issued in accordance with the related requirements of the Merchant Shipping Act and all regulations relative to tonnage made thereunder. (b) The owner and, or captain or master of the fishing vessel shall be resident in Malta in terms of the provisions of the Immovable Property (Acquisition by Non-Residents) Act. 6. (a) Vessels requesting inclusion in the Fishing Vessels Register for the first time shall be present in the registration port so that the necessary inspections could be carried out. (b) Before every renewal of its registration and fishing licence, the fishing vessel and its gear shall be inspected, and the expenses incurred for this purpose shall be met by the owner, charterer and, or captain of the vessel when these are carried out in a port outside Malta. 7. Unless a licence indicates otherwise, the duration of this fishing licence shall be for a period of one year from its date of issue, and for a period of 24 hours in the case of each fishing trip. 8. (a) There shall be kept a Fishing Vessels Register by the Director. (b) These shall be identified in the Fishing Vessels Register various categories of fishing vessels as follows> A. Professional Fishing Vessels – Full-time B. Professional Fishing Vessels – Part-time C. Non-Commercial Fishing Vessels i.e. recreational D. Auxiliary Vessels (work boats) used in fishing operations. Inspections prior to first registrations and renewals. Licence period. Fishing Vessels Register. Eligibility. Other laws or conventions. Application forms. B 6420 (c) The registration and the licence shall be paid in accordance with Schedule II to these regulations. The rate for the registration shall be paid on first registration of the vessel and every time it is transferred inter vivos, unless it falls under the conditions of regulation 9 of these regulations, so however that in the case of a transfer inter vivos this should be effected to immediate members of the family. In the case that the vessel requests a transfer whilst being subject to any measure mentioned herein, the transfer could take place as long as the new person and, or owner takes on all the responsibilities of the case. 9. If a fishing vessel of category A or B does not register a catch and sale of fish of value as shown in Schedule III to these regulations, such vessel shall be recorded in a temporary register where it can remain for three years, in which period it could or shall restart its commercial fishing activity totally or shall otherwise continue to work on a low scale and shall therefore be included in Category C. A vessel losing its registration in Category A or B shall pay Lm1,000 in order to regain its right of registration in these categories. 10. The fishing vessels of all categories in the Fishing Vessel Register which are less than six metres in length shall not be allowed to carry out fishing activities or related activities beyond 12 nautical miles. 11. The fishing vessels of six metres or over in length are allowed to fish in all fishing waters as well as in international waters or convention waters as indicated in the licence. 12. (a) Every fishing vessel registered in Categories A, B and C which is 10 metres or over in length should keep details in a logbook which should be kept on board at all times, with declarations on catches and fishing activities, in accordance with the Schedule IV to these regulations. (b) The logbook indicated in the said Schedule IV shall be filled in when the fishing vessel enters the port. (c) A copy of the logbook shall be sent to the Department within 48 hours from when the fish is landed. (d) The weights of fish which are recorded in this part could vary up to 20% from the quantity of fish taken on board. (e) The catch declaration which is found below the dark black line in the said Schedule IV shall be filled in with the exact weight of the fish and submitted to the Department within 48 hours from the sale of fish. Temporary register. Fishing vessels less than 6 metres long. Fishing vessels over 6 metres long. Fishing vessels over 10 metres long. B 6421 (f) Catches of one species of fish larger than 50 kilograms shall be registered in the logbook. If the species is not listed in the existing column, an empty column should be used for the species. 13. Fishing vessels over 24 metres in length registered after the 1st January, 2002 shall be in conformity with the Torremolinos Convention. 14. (a) All fishing vessels shall, during operations, have safety equipment according to Schedule V to these regulations which shall also be in conformity with all other regulations issued by the competent authorities from time to time. (b) The owner of a fishing vessel shall satisfy the Director that the vessel is seaworthy and that the machinery and gear, if existing, are suitable for the intended use of the vessel and are certified as such by a marine surveyor appointed in terms of the provisions of article 367 of the Merchant Shipping Act. (c) Owners of fishing vessels should abide by the regulations on collisions under the Merchant Shipping Act. 15. The captain, second officer and navigation officer and communication officers of a fishing vessel having a length of more than 24 metres overall which has been registered since 1st January, 2002 shall be qualified as stated in the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessels. 16. (a) All vessels longer than 20 metres between perpendiculars or 24 metres in length overall cannot fish in all waters if they do not have an operating satellite monitoring system approved by the Department. (b) The Director may order by notice in the Gazette any other fishing vessel different from those in paragraph (a) of this regulation to install an approved monitoring system and to follow the same conditions of paragraphs (a), (c), (d) and (e) hereof. (c) If for some reason this system stops working during the fishing trip the captain or owner are bound to communicate the exact position of the fishing vessel by other means every two hours to the Department. The captain or owner of the fishing vessel shall come into port within 24 hours from when the automatic system stops functioning. Safety Equipment, etc. Qualification of captain etc. Satellite monitoring system. Fishing vessels over 24 metres long. B 6422 (d) In the failure to deliver this communication the captain shall stop his activities and return to port. (e) The relevant details for the identification of the vessel within this system will be confidential and will be the responsibility of such person as is delegated by the Director. 17. (a) The official number of fishing vessels which are six metres or over in length and are registered under the Merchant Shipping Act, and the number indicating their registered tonnage shall be incised on the inside of their keel. (b) The name and base port of the vessels of six metres or over in length registered under the Merchant Shipping Act shall be marked on the stern with coloured letters which show up on the base colour of the vessel according to the provisions of the Merchant Shipping Act. 18. (a) Every vessel shall display the number assigned to it by the Department on both sides of the bow. The colour of these numbers should show up on the base colour of the vessel. (b) Vessels up to six metres in length shall display a number which is at least 10cm high and 2 cm wide. (c) Vessels over six metres but less than 10 metres in length shall display numbers which are 20cm high and 3cm wide. (d) Vessels over 10 metres but less than 17 metres in length shall display numbers which are 25cm high and 4 cm wide. (e) Vessels over 17 metres in length shall display numbers which are at least 45cm high and six cm wide. 19. (a) Every fishing vessel may only use the gear indicated in any licence issued to it. (b) All equipment on board and deployed at sea during fishing shall be marked with the number of the vessel indicated in regulation 18 of these regulations. 20. Vessels that are 17 metres or over in length shall carry a certificate in accordance with the Sixth Schedule to these regulations as approved by the Director of the Food and Veterinary Division, and plans of the fish holds which indicate the volume in cubic metres and Official markings. Display of fishing register number. Fishing vessels over 17 metres long. Gear. B 6423 the temperature which they are capable of maintaining. This certificate and the plans shall indicate the presence of cold water tanks on board. 21. (a) The Director may order the presence of an observer during fishing by means of a letter sent to the owner or captain or master of the vessel. (b) The observer shall be appointed to remain on board for different periods but for not more than three months. Such observer may not leave the vessel during the period in which he is in charge unless he is replaced by another observer. (c) The captain or master of the vessel shall give all facilities to the observer and co-operate with him in his duties on the vessel. (d) The captain or master of the vessel who shall be informed in accordance with paragraph (a) of this regulation shall endeavour to facilitate the arrival and departure of the observer on the vessel. During the visit of the observer the captain or master shall provide him with accommodation and appropriate working facilities as indicated in Schedule VII to these regulations. 22. Any person who infringes any provision of these regulations shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) of not less than five hundred liri (Lm500) but not exceeding two thousand five hundred liri (Lm2,500) for each contravention. 23. (a) The Registration of Fishing Boats Regulations, 1988 are hereby repealed. (b) The existing vessels included in the current Fishing Vessels Register will be transferred automatically to the new register as appropriate. In this respect wherever there are rights of registration with the Department, such rights shall apply to vessels registered after the date of publication of these regulations. (c) All fishing vessels which are presently included in the Fishing Vessels Register and which still require a registration with the Malta Maritime Authority and, or a radio licence or which still need to meet any other obligation in accordance with these regulations shall regularise their position by the 1st January, 2004. Offences and penalties. Repeals L.N. 90 of 1988. Observer on board vessel. B 6424 (d) In the case of a fishing vessel failing to observe the provisions of paragraph (c) hereof, such vessel shall automatically lose its fishing licence and registration in the Fishing Vessels Register, and the application for a new licence by such fishing vessel shall be considered as a new registration in the said Register. B 6425 B 6426 B 6427 B 6428 B 6429 B 6430 B 6431 B 6432 B 6433 B 6434 B 6435 B 6436 B 6437 B 6438 B 6439