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The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009
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Changes and effects yet to be applied to Article 9:
- Blanket amendment words substituted by S.I. 2011/1043 art. 3-6 8-10
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- Blanket amendment words substituted by S.I. 2011/1043 art. 3-6 8-10
Offences under the Council RegulationE+W
This section has no associated Explanatory Memorandum
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 [F2United 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 [F3United 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 [F5United 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 [F7United Kingdom] fishing vessel to the third country;
(f)to enter into an agreement for a [F8United 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
F1Art. 9(4) substituted (18.6.2018) by The Sea Fishing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/643), regs. 1(1), 5(2)
F2Words 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)
F3Words 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)
F4Art. 9(6A) inserted (18.6.2018) by The Sea Fishing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/643), regs. 1(1), 5(3)
F5Words 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)
F6Words 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)
F7Words 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)
F8Words 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)
F9Art. 9(12) inserted (18.6.2018) by The Sea Fishing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/643), regs. 1(1), 5(4)
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