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The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order (Northern Ireland) 2018

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Offences under the Council Regulation

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8.—(1) It is an offence for the person in charge of a third country fishing vessel to enter port without authorisation granted under Article 7 of the Council Regulation.

(2) It is an offence for the person in charge of a fishing vessel to conduct a transhipment with a third country fishing vessel contrary to Article 4(3) of the Council Regulation.

(3) It is an offence for a person to import fishery products without a validated catch certificate pursuant to Article 12 of the Council Regulation.

(4) It is an offence for a person in charge of a fishing vessel to engage in directed fishing for a stock which is subject to a moratorium or for which fishing is otherwise prohibited contrary to Article 3(1)(d) of the Council Regulation.

(5) It is an offence for a person in charge of a fishing vessel to tranship fish or fishery products between, or participate in joint fishing operations with, a fishing vessel that—

(a)has engaged in IUU fishing;

(b)is on the EU IUU vessel list; or

(c)is on an IUU vessel list of a regional fisheries management organisation.

(6) In relation to a fishing vessel on the EU IUU vessel list, it is an offence for a person—

(a)to enter into an agreement to operate or beneficially own it;

(b)to furnish it with any supplies, gear or people, except as necessary in the case of force majeure or distress; or

(c)to engage in employment on it.

(7) In relation to a non-cooperating third country listed by the Council under Article 33 of the Council Regulation, it is an offence for a person to—

(a)import fishery products caught by fishing vessel flying the flag of the third country unless the products are from stock or species to which the listing does not apply;

(b)purchase a fishing vessel flying the flag of the third country;

(c)reflag a fishing vessel flying the flag of a member State so that it flies the flag of the third country;

(d)enter into a charter agreement with the third country in relation to a fishing vessel flying its flag;

(e)enter into an agreement for a fishing vessel flying the flag of a member State to use the fishing possibilities of the third country; or

(f)participate in joint fishing operations with a fishing vessel flying the flag of the third country.

(8) It is an offence for a person to conduct business directly connected to IUU fishing, within the meaning of Article 42(1)(b) of the Council Regulation.

(9) It is an offence for a person to falsify, or use falsified documents, contrary to Article 42(1)(c) of the Council Regulation.

(10) It is an offence for a person, knowing a consignment to be a controlled consignment, to move it or cause it to be moved otherwise than in accordance with the written consent of an authorised officer.

(11) It is an offence for a person to disclose information received from the Commissioners contrary to article 18(3).

(12) In paragraphs (1), (2), (4) and (5) the “person in charge” of a fishing vessel means the owner, master, charterer (if any) or their agents.

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