Illegal,
Unreported and Unregulated Fishing (Jersey) Regulations 2021
1 Interpretation
(1) In
these Regulations –
“fishery officer” has the
same meaning as in the Law;
“IUU
Regulation” means Council Regulation (EC) No 1005/2008 of 29 September 2008
establishing a Community system to prevent, deter and eliminate illegal,
unreported and unregulated fishing (OJ L 286,
29.10.2008, p.1), as amended from time to time;
“Law” means the Sea Fisheries (Jersey)
Law 1994;
“Minister” has the same
meaning as in the Law;
“third country fishing
vessel” means a fishing vessel registered in any country or jurisdiction other
than Jersey.
(2) Subject
to the modifications in Regulation 3, terms used in these Regulations that
are also used in the IUU Regulation and are not defined in paragraph (1)
have the meaning they have in that Regulation.
2 Application
The IUU Regulation
applies with the modifications in Regulation 3 in relation to all illegal, unreported and unregulated fishing and associated
activities carried out within Jersey, within the territorial sea of Jersey,
within maritime waters under the jurisdiction or sovereignty of other countries
and territories and on the high seas.
3 Modifications of the IUU Regulation
The IUU Regulation
applies with the following modifications –
(a) unless the context
otherwise requires, a reference to a “Member State” includes a reference to
Jersey;
(b) a reference to a third
country is a reference to any country or territory other
than Jersey or any other part of the British Islands;
(c) a reference to a third
country fishing vessel is a reference to a fishing
vessel registered in any country or jurisdiction other than Jersey;
(d) a reference to the
territory of the Community is a reference to the territory of Jersey;
(e) a reference to Community
waters is a reference to the territorial sea of Jersey;
(f) a reference to a fishing
vessel flying the flag of a Member State is a reference to a fishing vessel registered in any place in the British
Islands;
(g) a reference to
importation into the Community or movement of fishery products into the
Community is a reference to importation or movement of fishery products into
Jersey;
(h) a reference to any of the
following is a reference to Jersey –
(i) port Member State,
(ii) inspecting Member State,
(iii) Member State of
importation,
(iv) flag Member State,
(v) Member States of transhipment,
(i) the definition of
“Community fishing vessel” in Article 2 of the IUU Regulation is to be
read as referring to a fishing vessel registered in any place in the British
Islands.
4 Competent authority
For the purposes of the
IUU Regulation, the Minister is the competent authority.
5 Designated ports
(1) For
the purposes of the IUU Regulation, St. Helier is a designated port.
(2) The
Minister may, by Order, designate other ports as designated ports for the
purposes of the IUU Regulation.
6 Different notice provisions
(1) The
Minister may, by Order, exempt specified categories of third country fishing
vessels from the obligations in Article 6(1) of the IUU Regulation or
specify a different notice period from the one set out in Article 6(1).
(2) An
exemption must be for a limited period, but may be renewed.
(3) When
specifying a different notice period, the Minister must take into
account –
(a) the type of fishery
product; and
(b) the distance between the
fishing ground, landing places and ports where the vessels are registered or
listed.
7 Approved economic operators
The Minister –
(a) may grant the status of approved
economic operator to an importer if that importer satisfies the conditions in
Article 16(3) of the IUU Regulation; and
(b) must publish a list of
any approved economic operators.
8 Infringement
Where the Minister
decides not to authorise landing or transhipment operations in accordance with
Article 11(2) of the IUU Regulation, the Minister must –
(a) notify the competent authority
of the flag state of the inspected fishing vessel; and
(b) transmit a copy of the
inspection report to that competent authority.
9 Appeal of refusal of importation
(1) Where
the Minister has refused importation under Article 18(1) or (2) of the IUU
Regulation, the importer may, within 28 days after the day on which the
importer is notified of the refusal, appeal to the Royal Court.
(2) The
decision is not suspended pending its appeal unless the Royal Court directs
otherwise.
(3) Once
it has heard an appeal under this Regulation, the Royal Court must
either –
(a) confirm the Minister’s refusal;
or
(b) order the Minister to
rescind or vary the Minister’s decision and may make such other order as the
Court considers appropriate.
10 Powers of fishery officers
For the purpose of
exercising any functions under the IUU Regulation, including those in Article 10,
or these Regulations, a fishery officer may exercise the powers conferred by
Articles 16 and 17 of the Law.
11 Disclosure of information to other competent authorities
(1) For
the purposes of enabling the Minister to carry out functions as the competent
authority under the IUU Regulation, the Minister may disclose information that
the Minister has received in the performance of the Minister’s functions to a
competent authority in the British Islands, a Member State of the European
Union or the European Commission.
(2) Nothing
in paragraph (1) affects any other power or requirement of the Minister to
disclose information under an enactment.
12 Offences
(1) A person who conducts a transhipment with a third country
fishing vessel contrary to Article 4(3) of the IUU Regulation commits an
offence and is liable to a fine.
(2) A master of a third country fishing vessel
who does not comply with the notification requirements in Article 6 of the
IUU Regulation commits an offence and is liable to a fine.
(3) A master, owner or charterer, or agent of
the master, owner or charterer, of a third country fishing vessel which enters
port without authorisation under Article 7 of the IUU Regulation commits
an offence and is liable to a fine.
(4) A master of a third country fishing vessel
who does not submit to the Minister a declaration in accordance with Article 8
of the IUU commits an offence and is liable to a fine.
(5) A master of a fishing vessel who does not
cooperate with an inspection under Article 10 of the IUU Regulations commits
an offence and is liable to a fine.
(6) A person who imports fishery products into
Jersey without a validated catch certificate under Article 12 of the IUU
Regulation commits an offence and is liable to a fine.
(7) A person who imports fishery products into
Jersey without a validated catch certificate under Article 14 of the IUU
Regulation commits an offence and is liable to a fine.
(8) A person who exports fishery products from
Jersey without a validated catch certificate under Article 15 of the IUU
Regulation commits an offence and is liable to a fine.
(9) A person commits an offence and is liable
to a fine if that person tranships fish or fishery products between, or
participates in joint fishing operations with, a vessel that –
(a) has engaged in IUU
fishing;
(b) is on the Community IUU
vessel list; or
(c) is on an IUU vessel list
of a regional fisheries management organisation.
(10) A person commits an offence and is liable to
a fine if that person –
(a) enters into an agreement
to operate or beneficially own a fishing vessel on the Community IUU vessel
list;
(b) furnishes such a vessel
with any supplies, fishing gear or people; or
(c) engages in employment on
such a vessel.
(11) A person commits an offence and is liable to
a fine if that person, in relation to a non-cooperating country listed on a
list established under Article 33 of the IUU Regulation –
(a) imports fishery products
caught by a fishing vessel flying the flag of that country unless the products
are from stock or species to which the listing does not apply;
(b) purchases a fishing
vessel flying the flag of that country;
(c) reflags a relevant
fishing vessel so that it flies the flag of that country;
(d) enters into a charter
agreement with that country in relation to a fishing vessel flying its flag;
(e) exports a relevant fishing
vessel to that country;
(f) enters into an agreement
for a relevant fishing vessel to use the fishing possibilities of that country;
or
(g) participates in joint
fishing operations with a fishing vessel flying the flag of that country,
and in this paragraph “relevant fishing vessel” means a vessel
flying the flag of a Member State of the European Union or registered in any
part of the British Islands.
(12) A person who conducts business directly
connected to IUU fishing within the meaning of Article 42(1)(b) of the IUU
Regulation commits an offence and is liable to a fine.
(13) A
person commits an offence, and is liable to imprisonment
for a term of 2 years and to a fine, if the person knowingly or recklessly
makes any statement or provides any information that is false or misleading in
any material particular in or in connection with any document required, or in
providing any information, under the IUU Regulation or these Regulations.
(14) A person commits an offence and is liable to imprisonment for a term of 2 years
and to a fine if the person –
(a) fails, without reasonable
cause, to comply with any requirement imposed by a fishery officer under the
powers conferred by Article 10 of the IUU Regulation or by Article 16
of the Law;
(b) without reasonable
excuse, prevents, or attempts to prevent, any other person from complying with
such a requirement; or
(c) intentionally obstructs
any such officer in the exercise of those powers.
13 Application of Articles 20, 21 and 22 of the Law
Articles 20, 21 and
22 of the Law apply to offences under these Regulations.
14 Citation and commencement
These Regulations may be
cited as the Illegal, Unreported and Unregulated Fishing (Jersey) Regulations
2021 and come into force 7 days after they are made.