Offences under the Council Regulation9
1
It is an offence for the person in charge of a third country fishing vessel to enter port without authorisation under Article 7 of the Council Regulation.
2
It is an offence for the person in charge of a fishing vessel to conduct a transhipment with a third country fishing vessel contrary to Article 4(3) of the Council Regulation.
3
It is an offence to import fishery products without a validated catch certificate pursuant to Article 12 of the Council Regulation.
F34
It is an offence for a person to engage in fishing for a stock in any area where, under the conservation and management measures (within the meaning of the Council Regulation) applicable in that area, such fishing is subject to a moratorium or is prohibited.
5
It is an offence for a person to tranship fish or fishery products between, or participate in joint fishing operations with, a fishing vessel that—
a
has engaged in IUU fishing;
b
is on the F4United Kingdom IUU vessel list; or
c
is on an IUU vessel list of a regional fisheries management organisation.
6
In relation to a fishing vessel on the F5United Kingdom IUU vessel list, it is an offence for a person—
a
to enter into an agreement to operate or beneficially own it;
b
to furnish it with any supplies, gear or people; or
c
to engage in employment on it.
F16A
In relation to a non-cooperating third country listed on a list established under Article 33 of the Council Regulation, it is an offence for a person—
a
to import fishery products caught by a fishing vessel flying the flag of the third country unless the products are from stock or species to which the listing does not apply;
b
to purchase a fishing vessel flying the flag of the third country;
c
to reflag a F6United Kingdom fishing vessel so that it flies the flag of the third country;
d
to enter into a charter agreement with the third country F7...;
e
to export a F8United Kingdom fishing vessel to the third country;
f
to enter into an agreement for a F9United Kingdom fishing vessel to use the fishing possibilities of the third country; or
g
to participate in joint fishing operations with a fishing vessel flying the flag of the third country.
7
It is an offence for a person to conduct business directly connected to IUU fishing, within the meaning of Article 42(1)(b) of the Council Regulation,
8
It is an offence for a person to falsify, or use falsified, documents contrary to Article 42(1)(c) of the Council Regulation.
9
It is an offence for a person, knowing a consignment to be a controlled consignment, to move it or cause it to be moved otherwise than in accordance with the written consent of an authorised officer.
10
It is an offence for a person to disclose information received from the Commissioners contrary to article 19(3) of this Order.
11
In paragraphs (1) and (2), the “person in charge” of a fishing vessel means the owner, master, charterer (if any) or their agents.
F212
Paragraph (6A)(e) is an “equivalent provision” for the purposes of—
a
the Sea Fishing (Illegal, Unreported and Unregulated Fishing) (Scotland) Order 2013; and
b
the Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order (Northern Ireland) 2018.