The Sea Fishing (Points for Masters of Fishing Boats) Regulations 2014

• Citation: S.I. 2014/3345
• Sections: 14

Section 1 Citation, commencement, extent and application

(1) These Regulations may be cited as the Sea Fishing (Points for Masters of Fishing Boats) Regulations 2014 and come into force on 12th January 2015.

(2) They extend to England and Wales and to Northern Ireland, and regulations 3(1), 4, 7, 8(5) , 8(6) and 11 also extend to Scotland.

(3) Regulation 14 applies only in relation to England.

Section 2 Interpretation

(1) In these Regulations—

“ administrative sanction ” means a sanction other than a criminal sanction imposed by the authorities of a third country on a master in respect of a serious infringement;

“ British national ” means a British citizen, a person who is a British subject by virtue of Part IV of the British Nationality Act 1981 and who has the right of abode in the United Kingdom and is therefore exempt from United Kingdom immigration control, or a British overseas territories citizen who has acquired citizenship from a connection with Gibraltar ;

“ the Control Regulation ” means Council Regulation ( EC ) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy ;

“ conviction ” has the meaning given by regulation 6;

“ corresponding Scottish enactment ” means, in relation to a provision of these Regulations, an enactment which in Scotland has the corresponding effect;

“ DARD ” means the Department of Agriculture and Rural Development in Northern Ireland;

“ English fishing boat ” means a UK fishing boat which is registered in England;

“ fishing boat ” means a vessel equipped for the commercial exploitation of living aquatic resources, including sea fish;

“ master ” means a British national who is the master of a fishing boat, and includes a person who carries out the functions of a master after disqualification or during a period of suspension under regulation 10;

“ Northern Ireland fishing boat ” means a UK fishing boat which is registered in Northern Ireland;

“ points authority ” has the meaning given by regulation 3(2);

“ the points information ” has the meaning given by regulation 7(5);

“ prosecuting authority ” has the meaning given by regulation 3(3);

“ the register ” means the register set up and maintained by the Marine Management Organisation under regulation 4(1);

“ Scottish fishing boat ” means a UK fishing boat which is registered in Scotland;

“ serious infringement ” has the meaning given by–

Article 42 of Council Regulation (EC) No. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing ; and

Article 90 of the Control Regulation;

“ statutory notification ” means a notification under any enactment having effect in Scotland and requiring the notification in question by the Scottish Ministers;

“ third country ” means a country other than the United Kingdom ;

“ UK fishing boat ” means a fishing boat which—

is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 ; or

is wholly owned by persons qualified to own British ships for the purposes of that Part;

“ Welsh fishing boat ” means a UK fishing boat which is registered in Wales.

(2) In this regulation and in regulation 4(5), references to EU Regulations are references to those EU Regulations as amended from time to time.

Section 3 Relevant authorities

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The “points authority” is—

(a) the Marine Management Organisation, if—

(i) a master is convicted of a serious infringement by a court in the United Kingdom in relation to a fishing boat other than a Welsh, Northern Ireland or Scottish fishing boat; or

(ii) a master of any fishing boat, other than a Welsh, Northern Ireland or Scottish fishing boat, is—

(aa) charged with a fisheries offence in ... a third country;

(bb) convicted of a serious infringement by a court in ... a third country; or

(cc) given an administrative sanction for a serious infringement in ... a third country;

(b) the Welsh Ministers, if—

(i) a master is convicted of a serious infringement by a court in the United Kingdom in relation to a Welsh fishing boat; or

(ii) a master of a Welsh fishing boat, is—

(aa) charged with a fisheries offence in ... a third country;

(bb) convicted of a serious infringement by a court in ... a third country; or

(cc) given an administrative sanction for a serious infringement in ... a third country;

(c) DARD, if—

(i) a master is convicted of a serious infringement by a court in the United Kingdom in relation to a Northern Ireland fishing boat; or

(ii) a master of a Northern Ireland fishing boat, is—

(aa) charged with a fisheries offence in ... a third country;

(bb) convicted of a serious infringement by a court in ... a third country; or

(cc) given an administrative sanction for a serious infringement in ... a third country.

(3) The “prosecuting authority” is—

(a) in relation to prosecutions in England—

(i) the Marine Management Organisation; or

(ii) the Inshore Fisheries Conservation Authority prosecuting in relation to an alleged offence in its inshore fisheries conservation district ;

(b) in relation to prosecutions in Wales, the Welsh Ministers or the Counsel General;

(c) in relation to prosecutions in Northern Ireland, DARD.

(4) Where the Marine Management Organisation is the points authority, regulations 7(1)(b) and (4)(c)(ii) and 8(3)(b) do not require it to notify itself.

Section 4 Register of masters of fishing boats

(1) The Marine Management Organisation must set up and maintain a register of masters who have been allocated points under regulation 7 or 8.

(2) The register must also include any points relating to serious infringements which the Scottish Ministers have notified to the Marine Management Organisation by statutory notification.

(3) The register must set out—

(a) the name of each master who has been allocated points;

(b) the total number of points allocated to each master;

(c) the dates of each serious infringement in respect of which a master has been allocated points;

(d) in relation to each serious infringement, which points authority allocated the points or, where the points were allocated by the Scottish Ministers, the fact that they were allocated by them;

(e) the start and end date of—

(i) any period during which a master is suspended from mastering a fishing boat under regulation 10(1);

(ii) any period notified by the Scottish Ministers to the Marine Management Organisation by statutory notification as a period during which they have suspended a master from mastering a Scottish fishing boat by reason of points allocated to the master for serious infringements;

(f) whether a master has been disqualified under regulation 10(3) or under a corresponding Scottish enactment; and

(g) the date of any such disqualification.

(4) The Marine Management Organisation must ensure that the information in paragraph (3) is available to the public on its website.

(5) In this regulation and in regulations 5, 7 and 8, “the points relating to the serious infringement” are the points assignable in relation to the serious infringement under Article 126 of and Annex XXX to Commission Implementing Regulation (EU) No. 404/2011 laying down detailed rules for the implementation of the Control Regulation , which, for the purposes of these Regulations, is deemed to apply to serious infringements by masters.

Section 5 Notification of prosecution for serious infringements

Where a master is to be prosecuted for a serious infringement, the prosecuting authority must notify the master in writing—

(a) that the master is to be prosecuted for a serious infringement;

(b) of the points relating to the serious infringement; and

(c) of the period of any suspension or disqualification which would be triggered by the allocation of those points.

Section 6 Meaning of conviction

For the purposes of these Regulations, a master is only to be treated as convicted of a serious infringement—

(a) on the expiry of the period for appealing against that conviction; or

(b) on the date on which the conviction is upheld by the final court to which the master appeals.

Section 7 Allocation of points in respect of UK convictions

(1) If a master of an English, Welsh or Northern Ireland fishing boat is convicted in the United Kingdom of a serious infringement, the points authority must, within 7 days of the conviction or, if the conviction was in a Scottish court, of receiving statutory notification from the Scottish Ministers—

(a) allocate to the master the points relating to the serious infringement; and

(b) notify the allocation of points to the Marine Management Organisation.

(2) If a master of a Scottish fishing boat is convicted in England, Wales or Northern Ireland, the prosecuting authority must notify the Scottish Ministers within 7 days of the conviction.

(3) If the prosecuting authority is an Inshore Fisheries Conservation Authority, the Authority must notify the conviction to the Marine Management Organisation within 7 days.

(4) The Marine Management Organisation must—

(a) within 7 days of receiving notification under paragraph (1)(b), include in the register against the master's name the points allocated to the master by the points authority;

(b) within 7 days of receiving a statutory notification from the Scottish Ministers that they have allocated points to a master of a Scottish fishing boat for a serious infringement relating to that boat, include in the register against the master's name the points so allocated;

(c) notify the points information to—

(i) the master (or, if they allocated the points to the master, the Scottish Ministers);

(ii) the points authority; and

(iii) if the prosecuting authority was an Inshore Fisheries Conservation Authority, that Authority.

(5) The points information in this regulation and in regulation 8 is information as to—

(a) the points included in the register;

(b) whether the inclusion of the points has triggered a suspension or disqualification under regulation 10 or under a corresponding Scottish enactment; and

(c) the start date of any suspension or disqualification.

(6) If the allocation of points under this regulation triggers a suspension or disqualification under regulation 10 or under a corresponding Scottish enactment, the Marine Management Organisation must ensure that the start date of the suspension or disqualification is at least one calendar day after it is included in the register.

(7) If a suspension starts while the master is mastering a fishing boat engaged in fishing, the Marine Management Organisation must extend the period of the suspension by the number of calendar days the master spends at sea between the start date set out in the register and the date on which the master returns to port.

Section 8 Allocation of points in respect of convictions and administrative sanctions in ... third countries

(1) A master (“M”) who is charged with an offence in ... a third country may request that the points authority notify M—

(a) whether the offence is a serious infringement;

(b) of the points relating to any such serious infringement; and

(c) whether the inclusion of those points in the register would trigger a suspension or disqualification under regulation 10.

(2) The points authority must provide this information to M within 7 days of receiving M's request.

(3) The points authority must, within 7 days of being satisfied that M has been convicted of, or received an administrative sanction in respect of, a serious infringement in ... a third country—

(a) allocate to M the points relating to the serious infringement; and

(b) notify the Marine Management Organisation of the allocation of points.

(4) The Marine Management Organisation must, within 7 days of allocating points under paragraph (3)(a) or of receiving notice under paragraph 3(b)—

(a) include the points allocated by the points authority against M's name; and

(b) notify the points information to M and the other points authorities.

(5) The Marine Management Organisation must, within 7 days of receiving a statutory notification from the Scottish Ministers that they have allocated points to the master of a Scottish fishing boat in respect of a serious infringement in ... a third country—

(a) include the points allocated by the Scottish Ministers against M's name; and

(b) notify the Scottish Ministers that it has done so.

(6) If the allocation of points under this regulation triggers a suspension or disqualification under regulation 10 or under a corresponding Scottish enactment, the Marine Management Organisation must ensure that the start date of the suspension or disqualification is at least one calendar day after it is included in the register.

Section 9 Allocation of points in respect of serious infringements committed on the same occasion

(1) If a master has committed two or more serious infringements and these are detected by an enforcement officer in the course of one inspection, the total number of points to be allocated to the master by the points authority under regulation 7 or 8 in respect of those serious infringements is the sum of the points for each infringement, but must not exceed 12 points.

(2) An enforcement officer is—

(a) a person appointed for the purposes of carrying out inspections —

(i) by a prosecuting authority; ...

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in the case of a charge brought in a third country in respect of a fishing activity which is a serious infringement, the person appointed in that country who carried out the inspection or surveillance which led to the charge being brought.

Section 10 Suspension and disqualification

(1) A master who has, at any one time, accumulated at least 18 points but fewer than 90 points in the register is suspended from mastering a relevant fishing boat.

(2) The duration of the suspension is—

(a) 2 months, on the accumulation of 18 to 35 points inclusive;

(b) 4 months, on the accumulation of 36 to 53 points inclusive;

(c) 8 months, on the accumulation of 54 to 71 points inclusive;

(d) 12 months, on the accumulation of 72 to 89 points inclusive.

(3) A master who has, at any one time, accumulated 90 points or more is disqualified from mastering a relevant fishing boat.

(4) A suspension or disqualification under this regulation starts—

(a) on the start date set out in the register; or

(b) if later, in a case where the master is mastering a relevant fishing boat engaged in fishing when a suspension or disqualification is triggered, on the day following the day on which the master returns to port.

(5) It is an offence for a master to master a relevant fishing boat—

(a) while suspended from doing so; or

(b) if disqualified from doing so.

(5A) If a master is already suspended from mastering a vessel when the master accumulates points triggering a further suspension period under this regulation, the further suspension period starts on the expiry of the existing suspension period.

(6) In this regulation, “a relevant fishing boat” is a UK fishing boat which is not a Scottish fishing boat.

Section 11 Deletion of points

(1) If the Marine Management Organisation is not aware of any serious infringement committed by a master (“M”) within 3 years of the date on which M last committed a serious infringement, it must delete all points listed against M's name in the register and remove M's name from the register.

(2) This regulation does not apply if M has accumulated 90 points or more and been disqualified under regulation 10(3) or under a corresponding Scottish enactment.

Section 12 Prohibition of employing suspended or disqualified masters

It is an offence for a person to employ a master to master a UK fishing boat if the register indicates that the master is suspended or has been disqualified.

Section 13 Penalties

A person convicted of an offence under these Regulations is liable—

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

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

Section 14 Review

(1) The Secretary of State must, from time to time—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) In carrying out the review, the Secretary of State must, as far as is reasonable, have regard to how Articles 89, 92 and 93 of the Control Regulation are executed and enforced in other member States.

(3) The report must, in particular—

(a) set out the objectives intended to be achieved by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system which imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years which starts on the day on which these Regulations come into force.

(5) Each subsequent report must be published before the end of the period of five years which starts on the day on which the previous report was published.