FISHERIES CONSERVATION AND MANAGEMENT  [ CAP. 425.  1
CHAPTER 425
FISHERIES CONSERVATION AND 
MANAGEMENT ACT
To make provision for the regulation, conservation and management of
the fisheries of Malta and matters incidental thereto.
4th June, 2001
ACT II of 2001.
PART I 
PRELIMINARY
Short title.
Management Act.
Interpretation.
"aquaculture establishment" means any area, enclosure,
impoundment, premises or structure set up or used on land or in
water for the cultivation of marine or freshwater fish and includes
any cultivated oyster or other shellfish bed or raft or other structure
used for the cultivation of oysters and other shellfish;
"Board" means the Fisheries Board established under article 5;
"commercial fisherman" means:
( a ) in the case of an individual, a person who is engaged
or who intends to engage in fishing for sale throughout
the year or a specified season or part of a season each
year and can satisfy the Director that during such time
as he engages in fishing for sale he relies on his fishing
activities for the whole or for part of his income; or
( b ) in the case of a company, society or association of
persons, one that satisfies the Director that it has an
appreciable investment in the fishing industry or
intends to make a substantial investment in the fishing
or ancillary industry;
"commercial fishing" means the catching or taking of fish for
sale;
"convention" includes a treaty, agreement or other arrangement;
"convention area" means, in relation to any international
convention, the area to which the convention relates;
"convention fisheries officer" means a person appointed by the
government of another country or having power under the laws of
that country to enforce a convention, to which Malta is a party, and
which provides for the safeguarding or conduct of fishing
operations or operations ancillary thereto;
"convention fishing vessel" means a fishing vessel belonging to a
country which is a party to a convention to which Malta is a party
and the fishing vessels of which have been declared by the Minister
by notice in the Gazette to be convention fishing vessels;
2 [ CAP. 425. FISHERIES CONSERVATION AND MANAGEMENT 
"coral" means the calcareous skeleton secreted by polypoid
coelenterates of the class anthozoa;
"Director" means the Director responsible for fisheries appointed
by virtue of article 4 or any person to whom he may delegate any of
the functions under article 4(2);
"fish" means any aquatic animal, whether piscine or not, and
includes shellfish, crustaceans, sponges, sea urchins, turtles,
aquatic mammals and their young, fry, eggs or spawn and shells
and parts thereof and fish meal;
"fisheries protection officer" means the Director and any of the
fisheries protection officers provided for under article 4(4) and (5),
and any person authorised by or acting under the orders of a
fisheries protection officer for the purposes of this Act;
"fishing" means: 
( a ) the catching or taking of fish that occur or have grown
naturally in the sea;
( b ) any other activity which can reasonably be expected to
result in the catching or taking of fish or the farming of
fish;
( c ) any operation at sea in support of or in preparation of
any activity described in paragraphs ( a ) and ( b );
"fishing licence" means a fishing licence or permit provided for
under this Act;
"fishing vessel" means any vessel of whatever size and in
whatever way propelled which is for the time being employed in
fishing operations or for the processing, storage or carriage of fish
or of any operations (including transhipment of fish) ancillary
thereto, but does not include any vessel used for the transport of
fish or fish products as part of a general cargo;
"fishing waters" means the fishing waters of Malta as defined in
article 3;
"foreign fishing vessel" means a fishing vessel which is neither a
local fishing vessel nor a convention fishing vessel;
"internal waters" means those seawaters on the landward side of
the baselines from which the territorial sea of Malta is measured;
"licensed fishing vessel" means a vessel granted a licence or
permit to fish pursuant to articles 8, 9 or 10;
"local fishing vessel" means any vessel -
( a ) wholly owned and controlled by one or more persons
ordinarily resident in Malta, or
( b ) wholly owned and controlled by a company, society or
association of persons incorporated in or established
under the laws of Malta and controlled by one or more
persons ordinarily resident in Malta;
"master" or "fish master" mean, in relation to a fishing vessel,
the person for the time being in command or in charge of the
fishing operations on board the vessel;
FISHERIES CONSERVATION AND MANAGEMENT  [ CAP. 425.  3
"Minister" means the Minister responsible for fisheries;
"processing", in relation to fish, includes cleaning, filleting,
freezing, canning, salting, smoking, cooking, pickling, drying or
otherwise preserving or preparing fish by any method;
"record of fishing vessels" means the record of local fishing
vessels maintained by the Director under article 7;
"transhipment of fish" includes the passing of fish from one
fishing vessel to another whether or not the fish has first been taken
on board the vessel from which the fish is passed;
"vessel" means a steamer, motor vessel, launch, boat, hovercraft,
submersible or floating craft of any description.
PART II 
FISHING WATERS
Fishing.
( a ) the internal waters;
Cap. 226.
( b) the territorial waters declared under article 3(2) of the
Territorial Waters and Contiguous Zone Act; and
( c ) any other marine waters over which sovereign rights
for the purpose of exploring and exploiting,
conserving and managing the living resources therein
are claimed by proclamation, law or convention for the
time being in force, or having the force of law, in
Malta.
PART III 
ADMINISTRATION
Director 
responsible for 
fisheries and 
fisheries 
protection  
officers.
4. (1) This Act shall be administered by the Director who
shall be a public officer, appointed by the Prime Minister, and who
shall be responsible for:
( a ) the conservation of naturally occurring fish stocks;
( b ) the taking of such measures as he may consider
appropriate for the protection of fish stocks from the
effects of pollution whether continuous or short term
and from the effects which are harmful or potentially
harmful to fish stocks, and measures taken to eliminate
or control pollution;
( c ) the assessment of fish stocks and the collection of
statistics including details of catches;
( d ) the development and management of fisheries;
( e ) the maintenance of a record of fishing vessels, their
masters, captains, crew and any other person working
on them;
( f ) the monitoring, control and surveillance of fishing
operations;
( g ) the regulation of the conduct of fishing operations
4 [ CAP. 425. FISHERIES CONSERVATION AND MANAGEMENT 
including aquaculture and operations ancillary thereto;
( h ) the issue, variation, suspension and revocation of
permits and licences for fishing, and equipment used
for fishing, aquaculture, transhipment and other
activities for which permits or licences are required
under this Act;
( i ) the collection of fees in respect of permits and licences
and of entries in the fishing vessels register as well as
the collection of fees for licences issued for all other
categories of permits and licences mentioned in
paragraph ( h );
( j ) the making of such reports to the Minister as the latter
may require or the Director shall consider appropriate;
( k ) the taking of appropriate measures in consultation with
such authority as may from time to time be responsible
for the environment for the safeguard against
extinction of protected species;
( l ) any other matters which shall require administration
under this Act.
(2) The Director may, in writing, authorise any public officer
to exercise any or all of the powers of the Director under this Act
either concurrently with him or in his absence, subject to such
conditions, including those relative to territorial restrictions, as he
may stipulate in the authorisation.
(3) The provisions of subarticle (2) shall be without prejudice
to the provisions of article 34(10).
(4) This Act shall be enforced by fisheries protection officers
acting under the direction of the Director and for that purpose
fisheries protection officers shall have the powers set out in article
19.
(5) The following persons shall be fisheries protection officers
for the purposes of this Act:
( a ) persons designated as fisheries officers by the
Director;
( b ) all members of the Malta Police Force;
( c ) all members of the Armed Forces of Malta.
Fisheries Board. 5. (1) There is hereby established a board to be known as the
Fisheries Board.
(2) The Board shall consist of the Director,  ex officio ,   as
chairman, and of the following members appointed by the
Minister-
( a ) a member of the Fisheries Department, after
consultation with the Director, who shall be deputy
chairman;
( b ) one member from among and nominated by the
commercial fishermen who is a person from amongst
the commercial fishermen as defined in paragraph ( b )
FISHERIES CONSERVATION AND MANAGEMENT  [ CAP. 425.  5
of the definition of ''commercial fisherman'' in article 2
of this Act;
( c ) one member from among and nominated from amongst
the members of the  Federazzjoni tas-Sajjieda
Dilettanti ;
( d ) one member from among and nominated by fish
market traders ( pitkali );
( e ) one member from among and nominated by fish
retailers;
Cap. 278.
( f ) seven other members from among persons having an
interest or knowledge in matters relating to fisheries or
the fishing industry, of whom four shall be nominated
by fishermen’s co-operatives registered under the Co-
operatives Societies Act;
( g ) one member from the Department for the Protection of
the Environment nominated by the Minister
responsible for that department;
( h ) one member from the Armed Forces of Malta
nominated by the Minister responsible for the armed
forces.
(3) Members of the Board shall, subject to subarticles (4) and
(5), be appointed for a term of three years.
(4) A member of the Board may resign his office at any time
by giving notice in writing to the Minister.
(5) The Minister may at any time remove a member of the
Board on grounds of disability to perform his functions, bankruptcy
or neglect of duty.
(6) The quorum necessary for meetings of the Board shall be
the chairman or, in his absence, the deputy chairman and five other
members.
(7) The Director shall designate a public officer in his
department to act as the secretary to the Board.
(8) Subject to the other provisions of this Act, the Board may
regulate its own procedures and meetings in such manner as it
deems proper.
Functions  of the 
Board.
6. It shall be the duty of the Board to advise the Minister on
any matter referred to it by the said Minister, and generally in
relation to the development, administration and conservation of the
fisheries of Malta and in particular shall - 
( a ) consider and make proposals for the making of
regulations under article 38, or any other legislation
which may affect the fishing industry;
( b ) consider and make proposals for the introduction of
measures prohibiting or restricting the catching of
species of fish or other measures that would lead to the
conservation of fish stocks;
( c ) consider and make proposals for agreements or
arrangements to be entered into pursuant to article 18;
6 [ CAP. 425. FISHERIES CONSERVATION AND MANAGEMENT 
( d ) consider any matters referred to it by a member of the
Board, by a government department or by a member of
the public and make its recommendations thereon if
and as the Board may consider appropriate;
( e ) submit such proposals to the Government as it shall
consider appropriate;
( f ) submit an annual report of its activities to the Minister;
( g ) have such other functions and duties as may be
prescribed.
PART IV
LOCAL FISHING VESSELS
Record of   local 
fishing vessels.
7. (1) The Director shall maintain a record of local fishing
vessels including the owners, captains, and crew thereof. 
(2)  An owner of a local fishing vessel who intends to use the
vessel for fishing may apply in the prescribed manner to the
Director for registration in the record of fishing vessels.
(3) A vessel shall not be recorded under this article unless -
Cap. 234. ( a ) it has been registered under the Merchant Shipping
Act, if it is so required by law; 
( b ) the vessel carries such identification markings as may
be prescribed;
( c ) the vessel carries such equipment and complies with
such other requirements as shall be prescribed;
( d ) the owner of the vessel has supplied such information
or complied with such other requirements or
regulations as may be prescribed.
(4)  The Director may cancel an entry in the record of fishing
vessels under this article if any of the requirements of subarticle (3)
cease to be satisfied by the vessel entered in the record, but shall
restore such entry on being satisfied that the failure has been
remedied.
(5)  The certificate of entry in the record of local fishing
vessels shall, subject to subarticle (4), be valid for one year and
shall be renewable.
Local fishing 
vessel licences.
8.  (1) No local fishing vessel shall be used for commercial
fishing in -
( a ) the fishing waters; or
( b ) any area outside the fishing waters where a licence or
permit to fish is required under this Act;
unless it is entered in the record of fishing vessels under article 7
and it is authorised so to fish by a licence or permit granted under
this Act.
(2)  Where a local fishing vessel is used in contravention of
subarticle (1) the master, the owner and the charterer shall each be
guilty of an offence and shall on conviction each be liable to a fine
FISHERIES CONSERVATION AND MANAGEMENT  [ CAP. 425.  7
( multa )   of not less than one thousand liri but not exceeding twenty-
five thousand liri.
Permits for local 
fishing vessels to 
fish outside the 
fishing waters.
9. (1) The Minister may, by regulations, require the owners
of fishing vessels who desire to fish outside or within the fishing
waters to apply to the Director for a permit that allows fishing in
areas specified in such permits, and as provided for in the
regulations.
(2)  Regulations made under subarticle (1) may also provide
for permits which grant exclusive rights to fish in areas specified in
such permits, and as provided for in the regulations.
(3)  In any case other than that provided for in article 8(1)( b ),
any person who fishes without a permit when such permit is
required by regulations made under subarticle (1), or fishes in an
area for which he does not have a permit under such regulations,
shall be guilty of an offence and shall be liable, on conviction, to a
fine ( multa ) of not less than five hundred liri but not exceeding five
thousand liri.
PART V
FOREIGN FISHING VESSELS
Fishing by 
foreign  fishing 
vessels prohibited 
without a licence.
10. (1) Fishing by a foreign fishing vessel in the fishing
waters is prohibited unless authorised by a licence granted under
this Act.
(2) Where any fishing vessel is used in contravention of
subarticle (1) the master, the owner and the charterer shall each be
guilty of an offence and shall on conviction be liable to a fine
( multa ) of not less than four thousand liri but not exceeding fifty
thousand liri.
Notification of 
fish on board by 
foreign fishing 
vessels entering 
fishing waters.
11. (1) The master of a foreign fishing vessel that has fish on
board shall -
( a ) prior to entry of the vessel into the fishing waters; or
( b ) prior to the vessel leaving an area of the fishing waters
in which the master, owner or charterer is licensed to
fish,
notify a fisheries protection officer of the amounts, descriptions and
presentation of fish on board the vessel.
(2) If a master fails to give the notification required under
subarticle (1) he shall be guilty of an offence and shall on
conviction be liable to a fine ( multa ) of not less than two thousand
liri but not exceeding twenty-five thousand liri. 
8 [ CAP. 425. FISHERIES CONSERVATION AND MANAGEMENT 
PART VI
ALL FISHING VESSELS
Licence  
requirements and 
conditions 
relating to local 
and foreign 
vessels .
12. (1) A fishing licence shall be granted to the master, owner
or charterer in respect of a specified fishing vessel.
(2) The issue of each fishing licence shall be at the discretion
of the Director who may, either authorise fishing generally, or for
the purposes of conservation, may confer limited authority in
writing by reference in particular to-
( a ) the area in which fishing is authorised;
( b ) the period, times or particular voyages during which
fishing is authorised;
( c ) the descriptions, quantities, size and presentation of
fish which may be taken;
( d ) the method of fishing.
(3) A fishing licence may authorise fishing either generally or
subject to such conditions as may appear to the Director to be
necessary or expedient for the regulation of sea fishing, or the
conservation or management of fisheries in the fishing waters and
in particular a licence may without prejudice to the generality of
the foregoing conditions, contain conditions with regard to -
( a ) the landing of fish caught under the authority of the
licensee;
( b ) the marking of the licensed fishing vessel;
( c ) the records of fishing operations that shall be kept on
board the licensed fishing vessel;
( d ) the navigation equipment and charts to be carried on
board the licensed fishing vessel; and
( e ) the place or places where the licensed fishing vessel
may carry out transhipment of fish,
and if the master and the owner or charterer of the fishing vessel
concerned contravenes any of the conditions prescribed in the
licence, he shall be guilty of an offence and shall, on conviction, be
liable to a fine ( multa ) of not less than one thousand liri but not
exceeding ten thousand liri.
(4) A fishing licence may be -
( a ) varied from time to time, or
( b ) revoked or suspended,
if this appears to the Director to be necessary or expedient for the
regulation of sea fishing, the conservation or management of
fisheries in the fishing waters or for the economic benefit of Malta.
(5) No court may issue a warrant of prohibitory injunction or
any other precautionary act, stopping the Director from doing
anything which  prima facie  is in his power to do in accordance with
this Act, before a final judgement that such action is illegal has
been delivered:
FISHERIES CONSERVATION AND MANAGEMENT  [ CAP. 425.  9
Provided that where an appeal is made against the
Director’s decision in accordance with article 39 of this Act, and
until a final decision is given on such appeal, the Director may not
take any action which is directly related with the matter subject to
that appeal.
(6) If a fishing licence is varied, revoked or suspended the
Director may, if he considers it appropriate in all the circumstances
of the case, refund the whole or any part of the fee charged for the
licence.
(7) No action for damages may be instituted against the
Director because of the exercise by him of the powers under sub-
article (4).
Illegal holding of 
fish.
13. It shall be an offence for a master to retain or allow to be
retained on board a fishing vessel, within the fishing waters, fish
which has not been taken in accordance with a fishing licence
provided for under this Act or in that quantity that does not exceed
that amount permitted by the regulations for the protection of fish
stocks.
Stowage of gear.
fishing waters or being a local fishing vessel is also in any area
outside the fishing waters and either -
( a ) it is prohibited by this Act from fishing in that area; or
( b ) it is covered, by a fishing licence or otherwise, to fish
only for certain species or descriptions of fish in that
area,
then its fishing gear or so much of the gear as is not required for
permitted fishing shall be stowed in such manner that it is not
readily available for use for fishing or in such manner as may be
prescribed.
(2) If the provisions of this article are contravened -
( a ) the master of the vessel concerned shall, on
conviction, be liable to a fine ( multa ) of not less than
two thousand liri but not exceeding twenty-five
thousand liri; and
( b ) the court imposing the fine may order the forfeiture of
any fishing gear found on or used by any person on the
vessel or taken away by any other person from the
vessel.
Statistical 
information.
15. The Director may, prior to entering in the record of fishing
vessels a local fishing vessel or granting a fishing licence, require
the master, the owner or the charterer of the fishing vessel specified
in the application for entry in the record, or the application for the
licence, as well as the fish market trader ( pitkal ), to provide him
with such statistical information concerning fishing as he may
direct.
Transhipment 
and  export of 
fish.
16. (1) The Minister may provide by regulations for the
licensing of the transhipment or receiving of fish by fishing vessels
in the fishing waters or the transport from the internal waters or
territorial seas by any vessel of fish transhipped from any other
10 [ CAP. 425. FISHERIES CONSERVATION AND MANAGEMENT 
vessel.
(2) Regulations made under subarticle (1) may apply such
restrictions and conditions on the granting of licences or permits as
the Minister shall consider appropriate and in particular may
provide for -
( a ) the areas in which transhipping may take place;
( b ) the times when fish may be transhipped or transported;
( c ) the numbers of transhipments and transportations that
may be undertaken and the quantities and descriptions
of fish that may be transhipped or transported.
(3) Regulations made under subarticle (1) shall empower the
Director to impose such conditions on the grant of licences or
permits thereunder as he shall consider necessary for the regulation
of the transhipment or export of fish including conditions as to the
treatment on board fishing vessels of fish received on board and
different conditions may be imposed in respect of different fishing
vessels or fishing vessels of different descriptions.
PART VII
SPECIAL ARRANGEMENTS
Fisheries 
research  permits .
17. (1) The Minister, acting on the advice of the Director and
after consultation with the Board, may grant a permit to a master,
owner or charterer of a specified vessel authorising fishing for
scientific research purposes in the fishing waters or specified areas
of the fishing waters.
(2) The holder of a permit under subarticle (1) and the vessel
specified in such permit shall, subject to the provisions of
subarticles (3), (4) and (5), be exempt from the provisions of this
Act, as specified in such permit.
(3) The research vessel shall be subject to inspection by the
Director and the holder of the permit shall, on demand, submit to
the Director a report of operations.
(4) A permit granted under subarticle (1) shall be subject to
such conditions, which may include the application of provisions of
this Act, as shall be specified in the permit.
(5) The Minister may by notice in writing given to the holder
of a permit under subarticle (1) -
( a ) revoke the permit;
( b ) vary or revoke the conditions to which the permit is
subject or specify further conditions to which the
permit shall be subject.
Fisheries access 
agreements.
18. (1) The Minister may, after consultation with the Board,
enter into negotiations for the conclusion of fisheries access
agreements with other states and with associations representing
foreign fishing vessel owners or charterers providing for the
allocation of fishing licences to vessels from those states or
associations.
FISHERIES CONSERVATION AND MANAGEMENT  [ CAP. 425.  11
(2) Any agreement negotiated under this article shall include a
provision establishing the responsibility of the foreign state or
association to take necessary measures to ensure compliance by
vessels from that state or belonging to that association with the
terms and conditions of the agreement and with the laws relating to
fishing in the fishing waters. 
(3) For the purposes of this article the term "state" shall
include any regional economic integration organisation to which
the power to negotiate access agreements has been transferred by
its member countries.
(4) No fisheries access agreement made under this article shall
be ratified by the Government unless such ratification has been
authorised by resolution of the House of Representatives.
PART VIII
ENFORCEMENT
General powers of 
fisheries 
protection 
officers.
19.   (1) For the purpose of enforcing the provisions of this Act
a fisheries protection officer may exercise the following powers
with respect to any fishing vessel or any vessel engaged in fishing
in the fishing waters:
( a ) he may stop the vessel;
( b ) he may require the master to stop fishing and take the
fishing gear of the vessel back on board;
( c ) he may require the master to facilitate the boarding of
the vessel by all appropriate means;
( d ) he may go on board the vessel and take with him such
other persons as he may require to assist him in the
exercise of his powers;
( e ) he may require the master, the crew or any of them to
produce, and the officer may examine and take copies
of any certificate of registry, licence, official log book,
official paper, article of agreement, record of fish
caught and any other document relating to the vessel
and to the crew or any member thereof or to any
person on board the vessel, which is in their respective
possession or control on board the vessel;
( f ) he may muster the crew of the vessel;
( g ) he may require the master to appear before him and
give any explanation concerning the vessel and any
crew or any person on board the vessel and any
document mentioned in paragraph ( e );
( h ) he may make any search, examination or enquiry
which he shall consider necessary to find out whether
any provision of this Act has been contravened;
( i ) if he has reasonable grounds for suspecting that any
person has committed an offence against this Act, he
may without summons, warrant or other process, take
the suspected offender, and take or require the master
of the vessel to take the vessel in question together
12 [ CAP. 425. FISHERIES CONSERVATION AND MANAGEMENT 
with the crew thereof, to a port or harbour in Malta for
the purpose of carrying out any search, examination or
enquiry and bring him or them before a competent
court and detain him and them and the vessel in Malta
until the alleged offence has been adjudicated upon;
( j ) he may, having regard to the safety of the vessel, take
steps to immobilise any fishing vessel seized, taken or
detained in accordance with this article, for the
purpose of preventing the vessel being taken by any
person prior to the release of the vessel under article
23 or 24 or by the Court;
( k ) in the case of any offence against article 8, 9 or 10 or
regulations made under article 16(1), he may seize any
vessel together with its equipment, stores and cargo
which he believes has been used in the commission of
such offence or in respect of which he believes such
offence has been committed or that is the result of an
offence;
( l ) he may seize any fishing gear, instruments or
appliances which he believes have been used in the
commission of such offence;
( m ) he may seize any fish which he believes have been
taken or fish products produced in the commission of
such offence;
( n ) he may seize or take copies of any documents which
he believes are relevant to any such offence.
(2) In exercising the powers referred to in subarticle (1) a
fisheries protection officer may use or employ such force as may be
reasonably necessary.
(3) The powers contained in this article may be exercised in
respect of a fishing vessel irrespective of whether the vessel is at
the time of such exercise engaged in fishing or any activities in any
way related to fishing.
Powers of entry 
and search on 
land of fisheries 
protection 
officers.
20. For the purpose of enforcing the provisions of this Act a
fisheries protection officer may -
( a ) enter, at any reasonable time, any premises (other than
a dwelling) used for carrying on business in
connection with the operation of fishing vessels and
activities ancillary thereto or with the treatment,
storage or sale of fish;
( b ) require any person on the premises to produce any
documents relating to the catching, landing,
transhipment, export, import, sale or disposal of fish;
( c ) if he has reasonable grounds for suspecting that an
offence under this Act has been committed and that the
cause of the offence may be removed or suppressed -
(i) enter and search without a warrant, with or
without assistance, any premises referred to in
paragraph ( a ), or any vehicle, aircraft, vessel or
FISHERIES CONSERVATION AND MANAGEMENT  [ CAP. 425.  13
other means of conveyance and open and search
any baggage, pack or other thing;
(ii) seize any document or any gear or thing that he
believes has been used in the commission of
such offence;
(iii) seize any fish that he believes has been used,
handled or processed in the commission of such
offence.
Powers of 
fisheries 
protection officers 
and convention 
fisheries officers 
to enforce 
conventions.
21. (1) For the purpose of enforcing the provisions of any
convention with respect to the conduct or safeguarding of fishing
operations to which Malta is a party, a convention fisheries officer
may in relation to a local fishing vessel and a fisheries protection
officer may in relation to a convention fishing vessel or a foreign
fishing vessel exercise anywhere within the convention area
outside the fishing waters the powers under article 19. 
(2) This article does not authorise a fisheries protection officer
or convention fisheries officer to do anything not authorised by the
convention he purports to enforce nor authorise him to exercise in
relation to a vessel of a country which is a party to the convention
any power which the government of that country has informed the
other parties to the convention is not to be exercised in relation to
its fishing vessels.
(3) Any person who on any fishing vessel within the fishing
waters or on a local fishing vessel outside those waters -
( a ) fails without a reasonable cause to comply with any
requirement imposed or to answer any question asked
by a fisheries protection officer under this article; or
( b ) prevents or attempts to prevent any other person from
complying with any such requirement or answering
any such question; or
( c ) assaults any such officer while exercising any of the
powers conferred on him under this article or wilfully
obstructs such officer in the exercise of any of those
powers,
shall be guilty of an offence and shall, on conviction, be liable to a
fine ( multa ) of not less than five hundred liri but not exceeding two
thousand five hundred liri.
(4) The provisions of subarticle (3) shall apply in relation to
things done on a local fishing vessel in a convention area outside
the fishing waters by or in relation to a convention fisheries officer
who is exercising powers to enforce the provisions of the
convention relating to that area as it applies in relation to things
done on any fishing vessel within those limits by or in relation to a
fisheries protection officer.
Indemnity.
protection officer or a convention fisheries officer in respect of any
act done or omitted to be done by him in good faith in the purported
exercise of his powers under this Act if there shall have been
reasonable cause for such act or omission.
14 [ CAP. 425. FISHERIES CONSERVATION AND MANAGEMENT 
Release of vessel 
or thing if no 
proceedings 
instituted.
23. Where a fishing vessel or any other thing has been taken,
seized or detained under article 19, the Director shall on the
demand of the master, owner, charterer or agent release the vessel
or thing if no proceedings are instituted within fourteen days of the
arrival of the vessel or thing in a port or harbour.
Security for 
release of fishing 
vessel.
24. (1) Where a fishing vessel is taken, seized or detained
under this Act and a charge is laid against the master, the owner or
the charterer of the vessel in respect of the offence for which the
vessel has been detained, the master, the owner or the charterer or
the agent of the owner or of the charterer of the vessel may at any
time before the determination of the charge apply to the Court by
which the charge is due to be determined for the release of the
vessel on the provision of security in accordance with this article.
(2) On hearing the application the Court, on ensuring that no
evidence that may be required is thereby prejudiced, shall either -
( a ) on being satisfied that reasonable security has been
given to the Government in respect of the aggregate of
the maximum penalty to which the defendant may be
liable and the costs and expenses that the Government
may recover under article 31, order the release of the
fishing vessel; or 
( b ) order the release of the fishing vessel on the
production, by any suitable person or persons
approved by the Court, of a reasonable bond in favour
of the Government in the prescribed form, and
conditioned in accordance with subarticle (4), in an
amount not less than the aggregate of the maximum
penalty to which the defendant may be liable and the
costs and expenses that the Government may recover
under article 31.
(3) Notwithstanding the provisions of subarticle (2), the Court
may, where it is satisfied that there are special circumstances to
justify it doing so, order that the bond shall be in a specified
amount that is not less than the minimum amount required by that
subarticle.
(4) The conditions of the bond shall be that, if -
( a ) the defendant is not found guilty of the charge; or
( b ) the defendant, on being convicted of the charge, pays
in full within fourteen days after he is convicted the
amount of the fine imposed by the Court and the
amount of all costs and expenses due by him to the
Government under article 31,
then the bond shall be of no effect but that otherwise the bond shall
remain in full force and effect.
(5) The amount specified in the bond shall be recoverable in
full in any Court of competent jurisdiction as a debt due to the
Government jointly and severally by the person or persons by
whom the bond is given unless the person or persons prove the due
performance of the condition for which the bond was made.
(6) For the purposes of this article "fishing vessel" includes all
FISHERIES CONSERVATION AND MANAGEMENT  [ CAP. 425.  15
equipment on board or used by the vessel and also includes all fish
that has been seized from the vessel under this Act and is detained
on board the vessel in the custody of the Government.
Disposal of seized 
fish and other 
perishables.
25. Where any fish or other things of a perishable nature are
seized under article 19 the Director may, after ensuring that all
evidence that may be necessary is preserved, notwithstanding any
other provision of this Act, either -
( a ) return the fish or other thing to the person from whom
it was seized on receiving security that is in the
opinion of the Director adequate for the equivalent
value of the fish or thing by way of bond or other
stipulation conditioned for payment of such equivalent
value in the event that such amount shall be adjudged
by the Court to be forfeited to the Government; or
( b ) cause the sale by public auction of the fish or other
thing and if Court proceedings are instituted deposit
the proceeds of sale in Court pending an order by the
Court in respect of the forfeiture or otherwise of the
proceeds or release the proceeds to the person from
whom the fish or thing was seized in accordance with
article 19.
PART IX 
AQUACULTURE
Installation and 
operation of 
aquaculture 
establishment.
26. (1) No person shall install or operate an aquaculture
establishment otherwise than under the authority of and in
accordance with the conditions of an aquaculture permit granted by
the Director under this Act. The issue of such permit shall be
subject to consultation by the Director with the Chairman of the
Malta Maritime Authority and the Chairman of the Planning
Authority with regard to the allocation of an appropriate site for the
aquaculture establishment.
(2) Any person who installs and operates an aquaculture
establishment in contravention of subarticle (1) or who, without the
authority of the owner of an authorised aquaculture establishment,
harvests the products of that establishment shall be guilty of an
offence and shall, on conviction, be liable to a fine ( multa ) of not
less than five thousand liri but not exceeding ten thousand liri.
Aquaculture 
permit.
27. (1) An aquaculture permit shall be granted to the person
specified therein and shall not be transferred without the prior
written consent of the Director.
(2) An aquaculture permit shall confer on the permit holder
exclusive rights to harvest the products of the aquaculture
establishment within the area specified in the permit either on land
or sea.
(3) An aquaculture permit shall be subject to such conditions as
appear to the Director to be necessary or expedient for the
regulation of aquaculture, the management of fisheries and the
economic benefit of Malta and in particular a permit may contain,
16 [ CAP. 425. FISHERIES CONSERVATION AND MANAGEMENT 
without prejudice to the generality of the foregoing -
( a ) conditions as to the siting, design and materials used in
the construction of the aquaculture establishment;
( b ) health conditions of fish;
( c ) measures for the prevention of the escape of species of
fish introduced into Malta for aquaculture;
( d ) measures for the prevention of the spread of fish
diseases to the wild stocks;
( e ) commercial provisions relating to the marketing of
fish and fish products.
PART X 
PROHIBITIONS AND OFFENCES
Prohibited   fishing 
methods.
28. (1) Any person who in the fishing waters or on a local
vessel outside the fishing waters -
( a ) uses any poison or other noxious substance for the
purpose of killing, stunning, disabling or catching fish
or in any way rendering such fish more easily caught;
or
( b ) carries or has in his possession or control, any poison
or other noxious substance in circumstances indicating
an intention of using such explosive, poison or other
noxious substance for any of the purposes referred to
in paragraph ( a ),
Cap. 33.
shall be guilty of an offence against this article and shall be liable,
on conviction, to the penalty established in article 34 of the
Explosives Ordinance.
(2) Any poison, or other noxious substance found on board any
vessel shall be presumed, unless the contrary is proved, to be
intended for the purposes referred to in subarticle (1).
(3) Any person who lands, sells, receives or is found in
possession of fish, knowing or having reasonable cause to believe
them to have been taken in contravention of this article, shall be
guilty of an offence and shall, on conviction, be liable to a fine
( multa ) of not less than one thousand liri, but not exceeding two
thousand five hundred liri.
Obstruction of 
fisheries 
protection officers 
and false 
information.
29. (1) Any person who -
( a ) assaults, resists or wilfully obstructs a fisheries
protection officer in the exercise of his powers under
this Act; or 
( b ) refuses or neglects to comply with any order,
requisition or direction lawfully made or given under
this Act; or 
( c ) without reasonable cause fails to -
(i) answer any question asked by a fisheries
protection officer; or
FISHERIES CONSERVATION AND MANAGEMENT  [ CAP. 425.  17
(ii) produce anything required to be produced, 
in pursuance of this Act; or 
( d ) fails to allow a search or inspection under this Act; or
( e ) prevents or attempts to prevent another person from
complying with such orders, requisitions or directions
or from answering such questions, producing anything
or allowing a search or inspection,
shall be guilty of an offence and shall be liable, on conviction, to a
fine ( multa ) of not less than two hundred liri but not exceeding two
thousand five hundred liri.
(2) Any person who - 
( a ) for the purposes of obtaining any licence, permit or
entry into the record of fishing vessels; or
( b ) for the purported compliance with any requirement to
provide any information under this Act,
provides information which he knows to be false in a material
particular or recklessly provides information which is false in a
material particular, shall be guilty of an offence and shall be liable,
on conviction, to a fine ( multa ) of not less than two hundred liri but
not exceeding one thousand liri.
Offences, 
penalties and 
proceedings.
30. (1) Any person who contravenes any provision of this Act
for which no penalty is specifically provided shall be guilty of an
offence and shall be liable, on conviction, to a fine ( multa ) of not
less than two hundred liri but not exceeding five thousand liri.
(2) Where any person is convicted of an offence against this
Act, the Court may, in addition to any other penalty that it may
impose, order that any fishing gear, instruments or appliances used
in the commission of such offence and any fish on board a fishing
vessel or the proceeds of sale thereof, if already sold, shall be
forfeited to the Government and if so forfeited shall be disposed of
in such manner as the Director, acting in his discretion, may direct.
(3) For the purposes of any proceedings under this Act, any
fish found on board a fishing vessel shall, unless the contrary is
proved, be presumed to have been caught -
( a ) within the fishing waters or in an area where the vessel
is required to have a licence or permit to fish; and,
( b ) within the vicinity of the vessel at the time the fish is
so found, where the licence or permit restricts the
vessel to fish in a particular area.
(4) An attempt to commit an offence under this Act shall itself
constitute an offence and may be dealt with in like manner as if the
attempted offence had been committed.
(5) Any master who tranships, receives on board a fishing
vessel, transports or in any other manner deals with fish caught or
transhipped in contravention of this Act shall be guilty of an
offence.
(6) A person convicted of a second or subsequent offence
against this Act shall be liable, on conviction, to double the
18 [ CAP. 425. FISHERIES CONSERVATION AND MANAGEMENT 
maximum penalty for that offence.
(7) Notwithstanding the provisions of any other law,
proceedings in respect of an offence against this Act involving a
foreign fishing vessel shall be barred by prescription by the lapse of
ten years from the commission of the offence.
(8) The Director may, in respect of prosecutions and
proceedings for offences under this Act, produce evidence and
plead the case instead of, or together with, the Police before the
Court.
(9) A certificate purporting to be signed by the Director or any
officer authorised by him for that purpose, to the effect that on a
date specified in the certificate -
( a ) a fishing vessel specified in that certificate was not
entered in the record of fishing vessels, licensed or
specified in a permit under this Act; or
( b ) the accused person or any other named person was not
the holder of a licence or permit under this Act,
shall, in the absence of proof to the contrary, be sufficient evidence
of the matter stated in the certificate.
PART XI 
COURT PROCEEDINGS, ADMINISTRATIVE 
PROCEEDINGS AND PENALTIES
Court 
proceedings.
Cap. 9
31. (1) Notwithstanding the provisions of article 370 of the
Criminal Code, the Court of Magistrates shall be the competent
Court to try all offences against this Act.
Cap. 9.
(2) Subject to the provisions of subarticle (1), proceedings
against any person for any offence against any of the provisions of
this Act shall be taken before the Court of Magistrates as a Court of
Criminal Judicature in accordance with the provisions of the
Criminal Code:
Cap. 9.
Cap. 284.
Provided that notwithstanding the provisions of article
376(1)( b ) of the Criminal Code, the Court shall, at the request of
any of the parties, take down the evidence given by the witnesses in
the manner provided for in article 391 of the said Code and in
article 3 of the Electro-magnetic Recording of Proceedings Act, or
in any law for the time being in force.
Cap. 9.
(3) Except where specifically provided otherwise, the
provisions of article 23 of the Criminal Code shall not be
applicable to offences against this Act.
(4) In respect of proceedings for offences against this Act the
Court may award the Government such costs and expenses,
including expenses incurred in exercise of the power under article
19(1)( i ) and ( j ), incurred in relation to those proceedings as it may
deem proper.
Cap. 9.
(5) Notwithstanding the provisions of article 413(1)( b ) of the
Criminal Code the Attorney General shall always have a right of
appeal from any judgement given by the Court of Magistrates,
sitting as a court of criminal judicature, in respect of proceedings
FISHERIES CONSERVATION AND MANAGEMENT  [ CAP. 425.  19
for an offence against this Act.
Convention 
offences.
32. The Minister may by order make such provisions as he may
consider appropriate for the enforcement of any restriction or
obligation relating to sea fishing contained in a convention to
which the Government is a party and may provide in the order that
any contravention of any such restriction or obligation shall
constitute an offence against this Act liable to the punishment of a
fine ( multa ) as laid down in the order, which fine ( multa ) shall not
exceed the sum of twenty-five thousand liri.
Forfeiture of 
licence, permit or 
entry in record of  
fishing vessels.
33. (1) In the case of a second or subsequent conviction
against this Act, the person convicted shall, in addition to any other
penalty, forfeit any licence or permit, and any relative entry in the
record of fishing vessels made under this Act shall be cancelled.
The person convicted shall also forfeit any fees paid for any licence
or permit forfeited as aforesaid or for any entry cancelled as
aforesaid, and shall be incapable, for a period of three years from
the day of the second or subsequent conviction, as the case may be,
of holding any such licence or permit or of being so entered in the
register under this Act. 
(2) Notwithstanding the provisions of subarticle (1), the
Minister may, in the circumstances of any particular case and upon
application being made to him within thirty days from the date of
conviction, send that application to the Committee appointed
according to article 39(4).
(3) The Committee shall, within a period not longer than five
days from the date when it shall have received the application from
the Minister, after studying the case, hearing every person whom it
deems appropriate, and receiving all the required advice, give its
advice in writing to the Minister whether the Minister should order
that the provisions of subarticle (1) are not to apply to any
particular licence, permit or entry in the record of fishing vessels
otherwise forfeited.
(4) The Minister shall accede to or refuse the application in
accordance with the advice given by the Committee.
Administrative 
penalties.
34. (1) Where the Director has reasonable cause to believe
that -
( a ) an offence against this Act has been committed by any
person in respect of a fishing vessel; and
( b ) the offence is of a minor nature; and
( c ) having regard to the previous conduct of the vessel and
the person concerned, it would be appropriate to
impose a penalty under this article,
he may cause a notice in writing in accordance with subarticle (2) in
the appropriate form to be served on that person.
(2) A notice under subarticle (1) shall specify -
( a ) the date and nature of the offence;
( b ) a summary of the facts upon which the allegation that
an offence has been committed is based (being a
20 [ CAP. 425. FISHERIES CONSERVATION AND MANAGEMENT 
sufficient summary fully and fairly to inform the
person of the allegation against him);
( c ) any other matters (not being previous convictions) that
the Director considers relevant to the imposition of a
penalty; and
( d ) the amount of the penalty due, and where the penalty
due depends on a previous conviction, the date of such
conviction,
and shall be endorsed with a statement setting out the provisions of
this article.
(3) Any person on whom a notice under subarticle (1) is served
may within thirty days after such service by notice in writing in the
appropriate form served on the Director require that proceedings in
respect of the alleged offence shall be dealt with by the Court, in
which case the following provisions shall apply:
( a ) no further proceedings shall be taken under this article
by the Director; and
( b ) nothing in this article shall be construed to prevent the
institution of any proceedings in respect of the alleged
offence or the conviction of the person for the offence
by the Court or the imposition of any penalty or
forfeiture under this Act upon such conviction.
(4) Any person on whom a notice under subarticle (1) is served
who does not wish that proceedings in respect of the alleged
offence shall be dealt with by the Court may by notice in writing
served on the Director -
( a ) admit the offence, and
( b ) pay the amount of the penalty to the Director within
thirty days after the notice of the penalty is served.
(5) Where under this article a person admits an offence, the
Director shall impose a monetary penalty on that person in respect
of the offence amounting to one third of the maximum penalty to
which the person would be liable if he were convicted of the
offence by the Court.
Cap. 12.
(6) The penalty imposed under subarticle (5) shall be due as a
civil debt enforceable by the competent Court of civil jurisdiction
in favour of the Government and the declaration by the person on
whom the penalty is imposed that he admits the charge shall
constitute an executive title for the purposes of article 253 of the
Code of Organization and Civil Procedure in the same manner as if
it were a judgement of the competent Court of civil jurisdiction.
(7) Notwithstanding any other provisions of this Act or of any
other enactment, where an offence has been admitted under this
article no charge may be laid in respect of the offence against any
person by whom it has been admitted.
(8) Where a person on whom a notice under subarticle (1) is
served does not, within thirty days after the notice is served on him,
admit the offence, the Director shall institute proceedings or cause
proceedings to be instituted before the Court in respect of the
FISHERIES CONSERVATION AND MANAGEMENT  [ CAP. 425.  21
alleged offence.
(9) Nothing in this article shall apply:
( a ) in respect of any offence under article 8(2), article
9(3), or article 10(2); or
( b ) to any offence in respect of which any charge has
already been laid.
(10) The Director shall personally exercise his powers under this
article and in the exercise of such powers shall not be subject to the
direction or control of any other person or authority.
Detention or 
forfeiture of 
fishing vessel on 
failure to pay or 
secure fine.
35.  (1) If any fine and, or amount of costs or expenses is
adjudged to be due by the master, owner or charterer of any fishing
vessel in respect of a contravention of any provision of this Act, or
of any order made under article 32, the Court may, if no security, or
if it considers that insufficient security, has been given to the
Director, order that in default of payment forthwith the defendant
shall give security for the payment of the amount due and if such
security, to the satisfaction of the Court, is not given, the Court
may order the detention of the fishing vessel concerned with such
contravention and such fishing vessel may accordingly be detained
in Malta until the amount due is paid or sufficient security shall be
given to the satisfaction of the Court.
(2) If a fine is not paid or security is not given within thirty
days of the order of the Court, the Court may order that in the case
of any offence against article 8(2), article 9(3) or article 10(2), any
vessel and its equipment used in the commission of the offence
shall be forfeited to the Government and if so forfeited shall be
disposed of in such manner as the Director acting in his discretion
may direct.
PART XII 
GENERAL
Monitoring 
system.
36. It shall be in the power of the Minister to establish a
satellite-based monitoring system to monitor the position of fishing
vessels as well as fisheries monitoring centres.
Information 
concerning 
fishing.
37. The Minister shall have the power to forward any
information concerning fishing effort, by any fishing vessels, to
any third party, as he shall deem fit.
Power to make 
r egulations.
38. (1) The Minister may make regulations for the better
carrying into effect of the purposes of this Act.
(2) In particular and without prejudice to the generality of
subarticle (1), such regulations may provide for:
( a ) anything which is to be or may be prescribed under
this Act;
( b ) the conservation, management and protection of fish
resources including the establishment of closed areas
and closed seasons, the prescription of the limits on
the amounts, sizes and weights of fish caught, retained
or traded, the prescription of mesh sizes of nets, the
22 [ CAP. 425. FISHERIES CONSERVATION AND MANAGEMENT 
control and use of types of fishing gear, the control
and prohibition of methods of fishing and the
protection of fish stocks and their habitats from the
actual or potential effects of pollution or from the
actual or potential effects of measures taken to
eliminate or control pollution;
( c ) the establishment and management of marine areas for
the preservation of fish stocks, including their means
of sustenance;
( d ) the licensing of any kind of fishing including any
activity related to fishing and the various registers
necessary including the fishing vessel register;
( e ) the regulation of amateur and recreational fishing;
( f ) a quota or total allowable catch for any fish or in
respect of any method of fishing in any part of the
fishing waters and authorising the Director to allocate
any such quota or total allowable catch to such
commercial fishermen as he may specify by notice in
the Gazette;
( g ) the control of the exploitation of coral and sponge
resources;
( h ) the protection of turtles, dolphins and other aquatic
animals;
( i ) the regulation of the importation of live marine or
freshwater fish and fry, eggs and spawn thereof;
( j ) the promotion and control of the cultivation of fish
including the issue by the Director of a code of
practice for the maintenance and operation of
aquaculture establishments;
( k ) the regulation of the landing of fish including the
designation of landing places and the control of the
handling and transportation of fish and fish products;
( l ) the regulation of the marketing of fish including the
designation of fish markets, the control of fish
auctions and the registration of fish buyers and
dealers;
( m ) the regulation of market intervention schemes;
( n ) the commercial regulation of the export and import of
fish and fish products;
( o ) the control of quality standards and grading of fish
sold, exported or imported;
( p ) the payment of fees on applications for permits,
licences and registrations and on the issue of permits,
licences or registrations; as well as the provision by
applicants for licences and licensees of bonds or other
forms of security for securing their compliance with
the obligations under the terms and conditions of their
licences;
( q ) the conditions and procedures for applications for any
FISHERIES CONSERVATION AND MANAGEMENT  [ CAP. 425.  23
permits, licences or registrations, or other documents
and the forms to be used therefor;
( r ) the appointment of local agents for foreign fishing
vessels;
( s ) the placing of observers on fishing vessels;
( t ) to regulate any satellite based monitoring systems that
may be established under article 36, and to impose
such obligations on fishing vessels necessary for the
proper operation of such system;
( u ) the control of public slipways;
( v ) reports to be made for the purposes of this Act;
( w ) compliance with, and the implementation of,
obligations of Malta under any convention and, or
treaty, and may include the application to convention
vessels of any of the provisions of this Act which do
not relate exclusively to foreign fishing vessels with
any necessary modifications to provisions relating to
any matters including qualifications for ownership of
fishing vessels;
( x ) health and safety regulations as may be deemed
proper; and
( y ) the imposition of a fine ( multa ) of not less than five
hundred liri but not exceeding two thousand five
hundred liri for any contravention of any such
regulations.
Revision of 
Director’s 
decisions.
39. (1) Where the Director refuses the issuing of a licence
required by or under this Act, or modifies that licence or cancels
the same, the person applying for the licence or the licensed person,
as the case may be, shall have the right, by not later than five
working days to appeal against the Director’s decision by means of
a letter addressed to the Minister wherein that person shall state the
reasons why the decision of the Director should be cancelled or
modified.
(2) The Minister shall, as soon as he receives the appeal in
accordance with subarticle (1), send the said appeal to the Director
so that, within two days, the Director may make a report in writing
to the Minister, wherein he shall indicate the reasons why the
appeal should be quashed; however the Director may, where it
appears to him that the appeal is justified, change his decision in
accordance with the appeal and inform the Minister, within the
period given to him for his reply.
(3) When the Minister receives the Director’s reply, or the
time given for the reply shall have elapsed without the receipt, by
the Minister, of such reply, the Minister shall immediately send the
appeal and the Director’s reply, if any, to the Committee
established under subarticle (4), so that the said Committee may
give its advice, to the Minister on the appeal.
(4) There shall be a Committee which shall be composed of
those members of the Fisheries Board appointed under article
24 [ CAP. 425. FISHERIES CONSERVATION AND MANAGEMENT 
5(2)( g ) and ( h ) and of the three members of the same Board
appointed under article 5(2)( f ), who shall not have been nominated
by the fisherman’s co-operatives; the member appointed under
paragraph ( h ) above-mentioned shall be the Chairman of the
Committee.
(5) The Committee shall, within five days of its receipt of the
appeal from the Minister, study the case, hear all persons whom it
shall deem appropriate, receive all the advice necessary, and send
its advice in writing, together with the transcript of any evidence
heard and any advice given to the Committee, to the Minister as to
the manner in which the appeal is to be dealt with.
(6) The Minister shall decide on the appeal in accordance with
the Committee’s advice and shall give an order in writing to the
Director according to his decision; a copy of the Minister’s
decision shall also be sent to the appellant.
PART XIII 
SAVINGS
Savings. 
Cap. 10.
40. Any subsidiary legislation made under any of the provisions
of the Fish Industry Act, repealed by this Act, or under articles 305
and 306 of the Code of Police Laws, deleted by this Act, shall, until
other provision is made under or by virtue of this Act, continue in
force and have effect as if made under this Act. 
