The Antarctic Act 1994 (Convention for the Conservation of Antarctic Marine Living Resources) Regulations 2020

PART 3Criminal offences

Fishing without an authorisation

8.—(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(1).

(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(2).

Offences

9.—(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) 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.