MINISTRY FOR RURAL AFFAIRS AND THE ENVIRONMENT MINISTER PERMANENT SECRETARY MALTA ENVIRONMENT & PLANNING AUTHORITY (MEPA) DIRECTOR GENERAL (AGRICULTURAL

MINISTRY FOR RURAL AFFAIRS AND THE ENVIRONMENTMINISTRY FOR RURAL AFFAIRS AND THE ENVIRONMENTMINISTER

PERMANENT SECRETARY

MALTA ENVIRONMENT & PLANNING AUTHORITY

(MEPA)DIRECTOR GENERAL

(AGRICULTURAL SERVICES & RURAL DEVELOPMENT)

DIRECTOR GENERAL(FOOD & VETERINARY

REGULATION)

DIRECTOR GENERAL(FISHERIES CONSERVATION &

CONTROL)

DIRECTOR,CORPORATE

SERVICES

DIRECTOR, OFFICE OF POLICY PLANNING

DIRECTOR,

OFFICE OF REVIEW

INFORMATION MANAGEMENT

OFFICER

DIRECTOR(AGRICULTURE)

DIRECTOR(PLANT HEALTH)

DIRECTOR(RURAL

DEVELOPMENT)

DIRECTOR(OFFICE OF

INTERNATIONAL & LEGAL CO-

ORDINATION)

DIRECTOR(ANIMAL HEALTH &

WELFARE)

DIRECTOR(FOOD HEALTH &

DIAGNOSTICS)

HEAD(MALTA CENTRE FOR FISHERIES SCIENCES)

MANAGER,MARKET/

STRUCTURES & EXTERNAL RELATIONSCHIEF FISHERIES

PROTECTION OFFICER, FISHERIES

PROTECTION GROUP

FISHERIES CONSERVATION AND CONTROL DIVISIONFISHERIES CONSERVATION AND CONTROL DIVISION

Number No. TITLE DATEChapter 425 Act II of 2001 FISHERIES CONSERVATION &

MANAGEMENT ACT04/06/01

SUBSIDIARY LEGISLATION 10.12 GOVERNMENT NOTICE 206 of 1934, as amended by Legal Notices 48 of 1962, 19 of 1964, 80 of 1978, 58 of 1979 and 154 of 1993; and GOVERNMENT NOTICE 148 of 1935, as amended by Government Notice 481 of 1936 and Notice dated 23.02.1937, consolidated.

FISHERY REGULATIONS 25/05/1934 23/04/1935

SUBSIDIARY LEGISLATION 10.30 LEGAL NOTICE 117 of 1975 as amended by: Legal Notices 33 and 51 of 1986; and Act XVII of 1991.

BERTHING REGULATIONS 01/10/75

SUBSIDIARY LEGISLATION 138.01 GOVERNMENT NOTICE 395 of 1957, as amended by Legal Notices 103 of 1969, 72 of 1978, 124 of 1979, 84 of 1980, 38 of 1986, 126 of 1989 and 5 of 1992.

FISH MARKETING REGULATIONS 15/07/57

SUBSIDIARY LEGISLATION 138.02 LEGAL NOTICE 25 of 1965, as amended by Legal Notice 32 of 1965.

TUNNY FISH (IMPORTATION) RESTRICTION ORDER

25/05/65


SLIPWAY (USE) REGULATIONS 10/03/70


REGISTRATION OF FISHING BOATS REGULATIONS

01/01/89

SUBSIDIARY LEGISLATION 138.05 LEGAL NOTICE 83 of 1991. FISHERIES OFFICERS (REMUNERATION) REGULATIONS

04/06/91

SUBSIDIARY LEGISLATION 138.06 LEGAL NOTICE 66 of 1997. MARINE VEGETATION LICENCE REGULATIONS

23/05/97


PROHIBITION OF SALE OF SEA-FOOD REGULATIONS

06/09/73

SUBSIDIARY LEGISLATION 36.34 LEGAL NOTICE 73 of 1990. AQUACULTURE REGULATIONS 29/05/90SUBSIDIARY LEGISLATION 231.12 LEGAL NOTICE 19 of 1977. SALE OF FISH REGULATIONS 01/05/78

SUBSIDIARY LEGISLATION 231.43 LEGAL NOTICE 255 of 2000. FISH PACKING AND PROCESSING ESTABLISHMENTS REGULATIONS

01/01/02

SUBSIDIARY LEGISLATION 117.12 GOVERNMENT NOTICE 394 of 1957, as amended by Government Notice 298 of 1958 and Legal Notice 116 of 1974.

PRICE CONTROL OF FISH REGULATIONS

15/07/57

Chapter 447 Act IX of 2002 Producer Organisations Act 06/01/03

LEGISLATION COVERING FISHERIES & AQUACULTURELEGISLATION COVERING FISHERIES & AQUACULTURE

CHAPTER 425CHAPTER 425FISHERIES CONSERVATION AND MANAGEMENT ACTFISHERIES CONSERVATION AND MANAGEMENT ACT

To make provision for the regulation, conservation and management of the fisheries of Malta and matters incidental thereto.

ACT II of 2001. 4th June, 2001

“ 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 workingon them;(f) the monitoring, control and surveillance of fishing operations;(g) the regulation of the conduct of fishing operations 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 responsiblefor the environment for the safeguard against extinction of protected species;(l) any other matters which shall require administration under this Act. ”

ENFORCEMENTENFORCEMENT

“ 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:(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. ”

New Activities by Fisheries Protection Officers will include:

Satellite based Vessel Monitoring

“Observer on Board” duties

Catch Log Book inspection

Landing Declaration Control

INVOLVEMENT OF THE STAKE HOLDERS IN THE DECISION INVOLVEMENT OF THE STAKE HOLDERS IN THE DECISION MAKING PROCESS REGARDING THE SECTOR: MAKING PROCESS REGARDING THE SECTOR:

FISHERIES ADVISORY BOARDFISHERIES ADVISORY 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) 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 (pitkala);

(e) one member from among and nominated by fish retailers;

(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. ”

FISHERIES CONSERVATION & MANAGEMENT ACTFISHERIES CONSERVATION & MANAGEMENT ACT

This Act was endorsed on the 4th June 2000, entered into force 6 months

later and replaced Act 12 of 1953 (Chapter 138).

FISHING VESSELS REGULATIONSFISHING VESSELS REGULATIONS

Ready for Minister’s signature and placing on Table of the House.

Fishing Gear Regulations. Draft prepared for discussion by Fisheries Board.

Lampuki Fishery RegulationsDraft prepared and discussed by Fisheries Board.To be presented to Attorney General for legal vetting.

Tuna Fishery RegulationsDraft prepared. To be discussed at Fisheries Board.

FISHERY REGULATIONS SL 10.12FISHERY REGULATIONS SL 10.12To be replaced:

FISH MARKETING REGULATIONS S.L. 138.01FISH MARKETING REGULATIONS S.L. 138.01Some drafts are prepared to replace the existing regulations. A final draft is being prepared.

FISH STANDARDS REGULATIONSFISH STANDARDS REGULATIONSDraft prepared for discussion by Fisheries Board.This draft is being reviewed to include labelling regulation.

TUNNY FISH (IMPORTATION) RESTRICTION ORDER S.L.138.02TUNNY FISH (IMPORTATION) RESTRICTION ORDER S.L.138.02

Still at Attorney General for amendments.Amendments will enable Division to cover all species of fish.

FISH PRODUCER ORGANISATIONS REGULATIONSFISH PRODUCER ORGANISATIONS REGULATIONSDraft prepared for discussions by Fisheries Board.

INTERNATIONAL CONVENTIONS & AGREEMENTSINTERNATIONAL CONVENTIONS & AGREEMENTS

ICCAT (International Commission for the Conservation of Atlantic Tunas)

Resolution in the House of Representatives has been passed on the 16th July to enable Malta to became a full Contracting Party.

Compliance Agreement

Approved by FAO Conference during the 27th Session 1993.

This is the last agreement we will have to adhere to in fisheries.

It is a tool that enables compliance to the Straddling Stocks Agreement of the UN to which we had adhered in 11th

November 2001.

OVERLAPPING RESPONSIBILITIES IN SAFEGUARDING OVERLAPPING RESPONSIBILITIES IN SAFEGUARDING THE ENVIRONMENTTHE ENVIRONMENT

“ 38. (2) In particular and without prejudice to the generality of subarticle

(1), such regulations may provide for:

(b) the conservation, management and protection of fish resources

including the establishment of closed areas…

(c) the establishment and management of marine areas for the

preservation of fish stocks, including their means of sustenance;

(g) the control of the exploitation of coral and sponge resources;

(h) the protection of turtles, dolphins and other aquatic animals; ”

SUBSIDIARY LEGISLATION 36.26

LEGAL NOTICE 90 of 1973, as amended by Legal Notice 91 of 1973.

PROHIBITION OF SALE OF SEA-FOOD REGULATIONS

06/09/73Prevention of Disease Ordinance


LEGAL NOTICE 73 of 1990.AQUACULTURE REGULATIONS

29/05/90Prevention of Disease Ordinance


LEGAL NOTICE 19 of 1977.SALE OF FISH REGULATIONS

01/05/78Food, Drugs and Drinking Water Act

CHAPTER 234

ACT XI of 1973, as amended by Legal Notice No. 148 of 1975 and Acts: XI of 1977, XXXI of 1981, XIII of 1983, XXIV of 1986 and XXXVII of 1988; Legal Notices Nos. 37 of 1989 and 152 of 1989; Acts VIII and XXXVII of 1990, and XVII of 1991; Legal Notices Nos. 86 of 1993 and 125 of 1995; and Acts XXIV of 1995 and XXII of 2000.

MERCHANT SHIPPING ACT

06/04/1973 01/06/1973 13/08/1974 16/12/1974 08/11/1986

Responsibility of MMA


LEGAL NOTICE 117 of 1975 as amended by: Legal Notices 33 and 51 of 1986; and Act XVII of 1991.

BERTHING REGULATIONS 01/10/75 Managed by MMA


LEGAL NOTICE 391 of 2003 TONNAGE REGULATIONS 01/01/03 Managed by MMA


LEGAL NOTICE 21 of 2003 LOADLINE CONVENTION 10/01/03 Managed by MMA


LEGAL NOTICE 22 of 2003SAFTEY CONVENTION RULES

10/01/03 Managed by MMA

LEGAL NOTICE 278 OF 2002SUBSTITUTION OF FIRST SCHEDULE

01/01/03 Managed by MMA

ACTIVITIES WITHIN THE SECTOR CONTROLLED BY OTHER ACTIVITIES WITHIN THE SECTOR CONTROLLED BY OTHER INSTITUTIONSINSTITUTIONS

Documents

MINISTRY FOR RURAL AFFAIRS AND THE ENVIRONMENT MINISTER PERMANENT SECRETARY MALTA ENVIRONMENT & PLANNING AUTHORITY (MEPA) DIRECTOR GENERAL (AGRICULTURAL