Regulation (EU) 2016/1627 of the European Parliament and of the CouncilDangos y teitl llawn

[F1 CHAPTER 5A U.K. OFFENCES, PENALTIES AND ENFORCEMENT

Article 56A U.K. Offences

1. A person who—

(a) contravenes a restriction or prohibition in Article 3A(2) or (3), 16(3), 17, [F2 19B(5) or (6),] 50(8), 51(6) or 52(3);

(b) fails to comply with an obligation in Article 25(1), 26(1) or (2), 31(1) or (2), 32(8), 50(8), 51(6) or 52(2) or (3) [F3 ;]

[F4 (c) for the purpose of obtaining a Permit under Chapter 4, provides information which the person knows to be false in a material respect or recklessly provides information which is false in a material respect,]

is guilty of an offence.

2. Where—

(a) a UK boat is used for the commercial exploitation of bluefin tuna in contravention of Article 3A(1);

(b) a fishing boat—

(i) is used in contravention of a restriction in Article 3A(2), 5(1), 14(5) or (6), 16(2) or (3), 24(1), 30(4), 32(1) or (3A) or 51(3);

(ii) fails to comply with an obligation in Article 16(1), 31(6), 32(4), 49 or 50(7),

the master, the owner and the charterer (if any) are each guilty of an offence.

[F5 3. Where—

(a) a fishing boat is used to fish in contravention of Article 19B(1) or (2),

(b) paragraph 4 of Article 19B applies to a bluefin tuna and—

(i) the obligation in point (a) of that paragraph to, where reasonably possible, release the fish unharmed is not complied with, or

(ii) in contravention of point (b), (c) or (d) of that paragraph, the fish is removed from the sea, transferred, retained on board or landed,

(c) a condition attached to a Permit under Article 19D(6) is breached, or

(d) a master fails to comply with an obligation in Article 19G,

the master and the owner are each guilty of an offence.]

Textual Amendments

F2 Words in Art. 56A(1)(a) inserted (7.6.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) (No. 2) Regulations 2024 (S.I. 2024/655), regs. 1(1), 2(3)(a)(i)

F3 Art. 56A(1)(b): semicolon substituted for comma (7.6.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) (No. 2) Regulations 2024 (S.I. 2024/655), regs. 1(1), 2(3)(a)(ii)

F4 Art. 56A(1)(c) inserted (7.6.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) (No. 2) Regulations 2024 (S.I. 2024/655), regs. 1(1), 2(3)(a)(iii)

F5 Art. 56A(3) inserted (7.6.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) (No. 2) Regulations 2024 (S.I. 2024/655), regs. 1(1), 2(3)(b)

Article 56B U.K. Offences by bodies corporate etc

1. Where an offence under this Regulation is committed by a body corporate and it is proved that the offence—

(a) was committed with the consent or connivance of a person falling within paragraph 2, or

(b) is attributable to any neglect on the part of such a person,

that person (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

2. The persons are—

(a) a director, manager, secretary or similar officer of the body corporate;

(b) any person purporting to act in such a capacity.

3. Where the affairs of a body corporate are managed by its members, paragraph 1 applies in relation to the acts and defaults of a member, in connection with that management, as if the member were a director of the body corporate.

4. Where an offence under this Regulation has been committed by a Scottish partnership and it is proved that the offence—

(a) has been committed with the consent or connivance of a partner of the firm or a person purporting to act as such a partner, or

(b) is attributable to any neglect on the part of such a person,

that person (as well as the partnership) is guilty of an offence and liable to be proceeded against and punished accordingly.

Article 56C U.K. Penalties for offences

1. A person who commits an offence under this Regulation is liable—

(a) on summary conviction to a fine not exceeding the statutory maximum, or

(b) on conviction on indictment, to a fine.

2. The court by or before which a person is convicted of an offence under this Regulation may order the forfeiture of any fish in respect of which the offence was committed and any fishing gear used in committing the offence.

3. Where the court does not order the forfeiture of fish under paragraph 2, the court may instead impose a fine on the person not exceeding the value of the fish in respect of which the offence was committed. Any fine to which a person is liable under this paragraph is in addition to any other penalty (whether pecuniary or otherwise) to which the person is liable in respect of that offence under this Regulation or under any other enactment.

4. In paragraph 3 ‘enactment’ has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018.

Article 56D U.K. Enforcement

1. A British sea-fishery officer may seize any fish in respect of which an offence has been committed under this Regulation where the fish are on the fishing boat on which the offence has been or is being committed or are in the ownership or custody of, or under the control of, the owner, the master or the charterer (if any) of the fishing boat.

2. For the purpose of enforcing the provisions of this Regulation, section 8 of the Sea Fisheries Act 1968 (general powers of British sea-fishery officers) has effect as it has effect in relation to the provisions mentioned in subsection (1) of that section.

3. A marine enforcement officer has an enforcement function in relation to any offence or suspected offence by any person under this Regulation.

4. Section 238 of the Marine and Coastal Access Act 2009 (enforcement of the fisheries legislation) applies in relation to the enforcement function conferred by paragraph 3 as it applies in relation to the enforcement of “the fisheries legislation” (as defined in that section).

5. In this Article—

• ‘British sea-fishery officer’ means any person who by virtue of section 7 of the Sea Fisheries Act 1968 is a British sea-fishery officer;

• ‘marine enforcement officer’ has the same meaning as in section 235(1) of the Marine and Coastal Access Act 2009.]

Textual Amendments

F1 Ch. 5A inserted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 6(34)