Filenews 27 January 2023 - by Angelos Nicolaou
In order to prevent and deter illegal, unreported and unregulated fishing, the Council of Ministers decided to amend the Fisheries Bill in such a way as to adapt to the current situation the maximum penalties applicable to infringements and to make the control system more effective, as well as to minimize any benefit accruing to the offenders.
All the amendments that will be made to the bill concern an adjustment / increase of the penalties that provide for a fine of up to € 50,000 and a prison sentence of three years depending on the illegality. In general, the increase in the maximum amount for financial penalties and the changes proposed have been adapted and aim to:
(a) respond to current circumstances and the value of fisheries products, as well as the importance of protecting resources and the marine environment;
b) prevent illegal, unreported and unregulated fishing activities within the EEZ, but also in international waters and overseas fishing;
c) there must be uniformity and alignment of penalties between the laws on fisheries, but also with the penalties referred to in the Exclusive Economic Zone and Continental Shelf Law of 2004
(d) fill gaps in relation to new activities outside territorial waters, such as fishing in international waters or in waters under the jurisdiction of third countries, as well as transhipments in overseas areas;
(e) be able to apply the penalties provided for in EU legislation where reference is made to the calculation of the penalty on the basis of the value of the catches, the nature of the damage done to stocks and the environment, the economic situation of the offender and the extent and repetition of the infringement;
(f) to close certain gaps in the legislation.
In addition, there is an amendment aimed at filling a gap that has been created and to allow the Director of the Department of Fisheries to submit an administrative sanction for detention. The administrative sanctions that may be imposed concern the withdrawal of a fishing authorisation, the suspension of a fishing authorisation for 6 months, detention for 3 months and the seizure of nets or other fishing gear.