Antarctic
Act 1994 (Convention for the Conservation of Antarctic Marine Living Resources)
Regulations 2020
Registered by the Royal Court 18th December 2020
Coming into force in accordance with regulation 1(3)
THE SECRETARY OF STATE, in exercise of the powers
conferred by section 25 of the Antarctic Act 1994, including those powers
as extended to the Bailiwick of Guernsey by the Antarctic Act 1994
(Guernsey) Order 1995, the Bailiwick of Jersey by the Antarctic Act 1994
(Jersey) Order 1995[1] and the Isle of Man by the Antarctic Act 1994 (Isle of Man) Order 1995
makes the following Regulations –
PART 1
Introduction
1 Citation, commencement and extent
(1) These Regulations may be cited as the
Antarctic Act 1994 (Convention for the Conservation of Antarctic Marine Living
Resources) Regulations 2020 and subject to paragraph (3) come into
force immediately before IP completion day within the meaning of section 39(1)
of the EU (Withdrawal Agreement) Act 2020.
(2) These Regulations extend to the United
Kingdom and the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of
Man.
(3) These Regulations come into force –
(a) in the Bailiwick of
Guernsey, on the day following the day on which they are registered by the
Royal Court of Guernsey or the day on which they come into force in the United
Kingdom, whichever is the later;
(b) in the Bailiwick of
Jersey, on the day following the day on which they are registered by the Royal
Court of Jersey or the day on which they come into force in the United Kingdom,
whichever is the later;
(c) in the Isle of Man, on
the day on which they come into force in the United Kingdom.
2 Interpretation
In these Regulations –
“British Overseas Territory administration” means the administration
of any territories mentioned in Schedule 6 to the British Nationality Act 1981;
“British vessel” means a British ship within the meaning of section 1
of the Merchant Shipping Act 1995, a Guernsey ship within the meaning of
section 1(3) of the Merchant Shipping (Bailiwick of Guernsey) Law, 2002,
a Jersey ship within the meaning of Article 2 of the Shipping (Jersey) Law 2002[2], or a Manx ship within the meaning of the Merchant Shipping
Registration Act 1991;
“CCAMLR inspector” means a person designated (whether by the United
Kingdom or any other Commission member) under Article XXIV of the
Convention as such;
“CCAMLR observer” means a person designated (whether by the United
Kingdom or any other Commission member) under Article XXIV of the Convention
as such;
“Commission” means the Commission for the Convention established
under Article VII of the Convention;
“Convention” means the Convention for the Conservation of Antarctic
Marine Living Resources done at Canberra on 20th May 1980;
“Convention Area” means the area provided for in paragraph 1 of
Article I of the Convention;
“fisheries administrations” means –
(a) the Secretary of State;
(b) the Marine Management Organisation;
(c) the Scottish Ministers;
(d) the Welsh Ministers;
(e) the Department of
Agriculture, Environment and Rural Affairs in Northern Ireland;
(f) a British Overseas
Territory administration;
(g) in the Bailiwick of
Guernsey, the States of Guernsey Committee for Economic Development;
(h) in the Bailiwick of Jersey,
the Minister within the meaning of the Sea Fisheries (Jersey) Law 1994[3];
(i) in the Isle of Man, the
Department of Environment, Food and Agriculture;
“to fish” includes catching and retaining
marine living resources on board as well as landing and transhipping marine
living resources.
PART 2
Fishing for profit and authorisation
3 Notification of intention to fish for
profit by British vessel in the Convention Area
(1) The Secretary of State must notify the
Commission, in accordance with the relevant conservation measures, of any
British vessel which intends to fish for profit in the Convention Area.
(2) Before notifying the Commission, the
Secretary of State must consult the fisheries administrations.
4 Prohibition on fishing for profit by
British vessel in the Convention Area
No British vessel may enter the Convention Area to fish for profit
except in accordance with an authorisation issued under regulation 5.
5 Authorisation to fish in the Convention
Area
(1) The Secretary of State may, on the
application of any person, grant to that person an authorisation which
authorises any British vessel, of which that person is the operator
and which is specified in the authorisation, to enter the Convention Area to
fish for profit during a specified period.
(2) The Secretary of State must not grant an
authorisation under this regulation unless the Secretary of State is satisfied
that a licence has been granted in respect of the vessel by the relevant
fisheries administration which authorises the vessel to fish for profit in the
Convention Area for the period for which the authorisation is sought.
(3) The Secretary of State must consult the
relevant fisheries administration which issued the licence under paragraph (2)
before determining whether to grant an authorisation for the period for which
the authorisation is sought.
(4) The Secretary of State may, on granting an
authorisation under paragraph (1), attach to the authorisation such
conditions as the Secretary of State thinks appropriate.
(5) Such conditions, in respect of vessels
which have been granted a licence by the Scottish Ministers, Welsh Ministers or
the Department for Agriculture, Environment and Rural Affairs in Northern
Ireland, may only apply in respect of Antarctica.
(6) The Secretary of State must notify the
Commission of any authorisation granted in accordance with this regulation and
provide such details of the authorisation as the Secretary of State considers
necessary under the relevant conservation measures adopted by the Commission.
6 Guidance
(1) The Secretary of State must issue and
publish guidance which sets out –
(a) the conservation measures
adopted by the Commission relevant to a British vessel which intends to fish
for profit in the Convention Area;
(b) the process for making an
application under regulation 5; and
(c) any other matters which
the Secretary of State considers to be relevant.
(2) Before issuing and publishing any guidance
under paragraph (1), the Secretary of State must consult the fisheries
administrations.
7 Revocation or suspension of an
authorisation
(1) The Secretary of State may revoke, vary or
suspend an authorisation granted in accordance with regulation 5.
(2) The Secretary of State must notify the
person to whom the authorisation was granted, as well as the relevant fisheries
administration, of any revocation, variation or suspension of the authorisation.
(3) The Secretary of State must notify the
Commission of any revocation, variation or suspension of an authorisation.
PART 3
Criminal offences
8 Fishing without an authorisation
(1) A person commits an offence if –
(a) the person is the master,
owner or operator of a British vessel which enters the Convention Area to fish
for profit without an authorisation;
(b) the person is the master,
owner or operator of a British vessel from which a person fishes for profit in
the Convention Area without an authorisation or in contravention of an
authorisation (including any conditions attached thereto); or
(c) the person fishes for
profit from a British vessel in the Convention Area without an authorisation or
in contravention of an authorisation (including any conditions attached
thereto).
(2) A person commits an offence if the person
generates revenue from, or benefits from revenue generated from, any of the
actions of the persons in paragraph (1)(a) to (c).
(3) A person commits an offence if the person
enables or supports any of the actions in paragraph (1)(a) to (c) where
the person had reason to suspect that such actions would take place in
contravention of any conditions of any authorisation granted.
(4) If subsection (1)(a) is contravened by
the master of the vessel, the owner of the vessel and the operator of the
vessel, each commits an offence.
(5) It is a defence for a person charged with
an offence under –
(a) paragraph (1)(a) to
prove that the entry into the Convention Area without an authorisation took
place by reasons of matters outside the control of the person and that the
person took all reasonable precautions to avoid such entry;
(b) paragraph (1)(b) to
prove that the person took all reasonable precautions to avoid such fishing;
(c) paragraph (1)(c) to
prove that the person took all reasonable steps to comply with the conditions
of any authorisation;
(d) paragraph (2) to
prove that the person took all reasonable precautions to ensure that the
benefits were not generated by actions falling under paragraph (1)(a) to
(c);
(e) paragraph (3) to
provide that the person took all reasonable precautions to ensure that the
support provided was not in relation to actions which would fall under
paragraph (1)(a) to (c).
(6) In deciding whether a person took all
reasonable precautions or steps in relation to any of the defences set out in
paragraph (5), a court must take into account
whether the person followed the guidance issued under regulation 6.
(7) Where a person is charged with an offence
under this regulation it is a defence to prove that the contravention in
question occurred in the case of emergency relating to –
(a) the safety of human life,
vessels or aircraft;
(b) the safety of equipment
and facilities of high value, or
(c) the protection of the
environment.
(8) In England and Wales, any person who is
guilty of an offence under this regulation is liable on conviction on
indictment to imprisonment for a term not exceeding two years, to a fine or to
both, and on summary conviction to a fine.
(9) In Scotland and Northern Ireland, any
person who is guilty of an offence under this regulation is liable on
conviction on indictment to imprisonment for a term not exceeding two years, to
a fine or to both, and on summary conviction to a fine not exceeding the
statutory maximum.
(10) In the Bailiwick of Guernsey, any person who
is guilty of an offence under this regulation is liable on conviction on
indictment to a term not exceeding two years, or a fine or both, and on summary
conviction to a fine not exceeding level 5 on the uniform scale, within
the meaning of the Uniform Scale of Fines (Bailiwick of Guernsey) Law, 1989.
(11) In the Bailiwick of Jersey, any person who
is guilty of an offence under this regulation is liable on conviction to
imprisonment for a term not exceeding two years, to a fine or to both.
(12) In the Isle of Man, any person who is guilty
of an offence under this regulation is liable on conviction on information to
custody for a term not exceeding two years, to a fine or to both, and on
summary conviction to a fine not exceeding level 5 on the standard scale,
within the meaning of section 55(1) of the Interpretation Act 2015.
9 Offences
(1) The following provisions of the Antarctic
Act 1994 apply to an offence under regulation 8 as if it was an
offence under Part 2 of that Act –
(a) section 17 (places
where proceedings may be taken);
(b) section 19 (offences
committed by bodies corporate and Scottish partnerships);
(c) section 28 (consents
required for institution of proceedings).
(2) In the Bailiwick of Guernsey, the provision
of the Antarctic Act 1994 referred to in paragraph (1) are those
provisions as extended to that Bailiwick by the Antarctic Act 1994
(Guernsey) Order 1995.
(3) In the Bailiwick of Jersey, the provisions
of the Antarctic Act 1994 referred to in paragraph (1) are those
provisions as extended to that Bailiwick by the Antarctic Act 1994
(Jersey) Order 1995[4].
(4) In the Isle of Man, the provisions of the
Antarctic Act 1994 referred to in paragraph (1) are those provisions
as extended to the Isle of Man by the Antarctic Act 1994 (Isle of Man)
Order 1995.
PART 4
CCAMLR Catch Documentation Scheme contact
officers
10 Appointment of CCAMLR
Catch Documentation Scheme contact officers
The Secretary of State may appoint CCAMLR Catch Document Scheme
contact officers who are authorised to carry out tasks specified by the
Secretary of State associated with the implementation of the Catch
Documentation Scheme adopted by the Commission under Article IX(1)(f) of
the Convention.
PART 5
CCAMLR inspectors
11 Designation of CCAMLR
inspectors
(1) The Secretary of State may designate CCAMLR
inspectors who are authorised to carry out tasks specified by the Secretary of
State associated with the implementation of, and in compliance with, the System
of Inspection adopted by the Commission under Article XXIV of the Convention.
(2) The Secretary of State may withdraw a
designation under paragraph (1) by giving notice to the designated person.
12 Notification of CCAMLR
inspectors
The Secretary of State must notify the Commission of inspectors
designated under regulation 11 and of any subsequent withdrawal of a
designation.
13 Inspector reports
(1) Inspectors designated under regulation 11
must report to the Secretary of State, in a manner and form that the Secretary
of State may determine, on –
(a) any inspections carried
out at sea;
(b) any interference by the
master of a vessel with any of the tasks of the inspector;
(c) any instance of a vessel
in the Convention Area which refused to stop or otherwise facilitate the
transfer of the inspector.
(2) The Secretary of State must forward any
report received under paragraph (1), together with any photographs or
video footage provided, to the Executive Secretary to the Commission.
14 Obligations of British
vessels
Any British vessel in the Convention Area must, when given the
appropriate signal in the International Code of Signals by a vessel carrying a
CCAMLR inspector, stop or take other such actions as may be necessary to
facilitate the safe and prompt transfer of the CCAMLR inspector and appropriate
assistants to the vessel, unless the vessel is actively engaged in fishing
operations, in which case it must do so as soon as practicable.
15 Proceedings resulting
from inspection reports in relation to British vessels
The Secretary of State must report to the Executive Secretary to the
Commission on the laying of any charges or the institution of any proceedings
resulting from an inspection report provided to the Commission in relation to
any British vessel within 14 days of those charges being laid or those
proceedings being instituted.
PART 6
CCAMLR observers
16 Designation of CCAMLR
observers
(1) The Secretary of State may designate
observers who are authorised to carry out tasks specified by the Secretary of
State associated with the implementation of, and in compliance with, the Scheme
of International Scientific Observation adopted by the Commission under Article
XXIV of the Convention.
(2) The Secretary of State may withdraw a
designation under paragraph (1) by giving notice to the designated person.
17 Notification of observer
deployment
Prior to the deployment of an observer designated under regulation
16, the Secretary of State must notify the Executive Secretary to the
Commission of the information required under the Scheme of International
Scientific Observation.
18 Observer reports
Observers designated under regulation 16 must report to the
Secretary of State, in a manner and form that the Secretary of State may
determine, on each observation visit, who must, not later than one month after
the completion of the observer trip or after the return of the observer to
their home country, forward that report and any accompanying documentation to
the Commission.
19 Obligation of British
vessels
Any British vessel in the Convention Area must, in accordance with
directions given by the Secretary of State, facilitate, and cooperate fully
with, the work of any CCAMLR observer, including allowing such access to the
vessel and parts thereof as may be necessary for a CCAMLR observer to fulfil
their duties and ensuring safe working conditions.
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6th
November 2020
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Sugg
Parliamentary Under Secretary of State
Foreign, Commonwealth and Development Office
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