The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009

Offences under the Council Regulation E+W

9.—(1) It is an offence for the person in charge of a third country fishing vessel to enter port without authorisation 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 to import fishery products without a validated catch certificate pursuant to Article 12 of the Council Regulation.

[F1 (4) It is an offence for a person to engage in fishing for a stock in any area where, under the conservation and management measures (within the meaning of the Council Regulation) applicable in that area, such fishing is subject to a moratorium or is prohibited.]

(5) It is an offence for a person 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 [F2 United Kingdom] 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 [F3 United Kingdom] 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; or

(c) to engage in employment on it.

[F4 (6A) In relation to a non-cooperating third country listed on a list established under Article 33 of the Council Regulation, it is an offence for a person—

(a) to import fishery products caught by a 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) to purchase a fishing vessel flying the flag of the third country;

(c) to reflag a [F5 United Kingdom fishing vessel] so that it flies the flag of the third country;

(d) to enter into a charter agreement with the third country F6 ...;

(e) to export a [F7 United Kingdom] fishing vessel to the third country;

(f) to enter into an agreement for a [F8 United Kingdom fishing vessel] to use the fishing possibilities of the third country; or

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

(7) 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,

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

(9) 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.

(10) It is an offence for a person to disclose information received from the Commissioners contrary to article 19(3) of this Order.

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

[F9 (12) Paragraph (6A)(e) is an “equivalent provision” for the purposes of—

(a) the Sea Fishing (Illegal, Unreported and Unregulated Fishing) (Scotland) Order 2013; and

(b) the Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order (Northern Ireland) 2018.]

Textual Amendments

F1 Art. 9(4) substituted (18.6.2018) by The Sea Fishing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/643), regs. 1(1), 5(2)

F2 Words in art. 9(5)(b) substituted (31.12.2020) by The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 9(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in art. 9(6) substituted (31.12.2020) by The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 9(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 9(6A) inserted (18.6.2018) by The Sea Fishing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/643), regs. 1(1), 5(3)

F5 Words in art. 9(6A)(c) substituted (31.12.2020) by The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 9(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in art. 9(6A)(d) omitted (31.12.2020) by virtue of The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 9(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in art. 9(6A)(e) substituted (31.12.2020) by The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 9(3)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in art. 9(6A)(f) substituted (31.12.2020) by The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 9(3)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 9(12) inserted (18.6.2018) by The Sea Fishing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/643), regs. 1(1), 5(4)