S.L. 425.7 Art. 15Changes to the fishing capacity and engine power of a vessels.

(1) Local fishing vessels as licensed according to the Act shall be so licensed and shall operate in accordance with their gross tonnage, and the provisions of this regulation shall apply in case of discrepancies between the registered gross tonnage and the gross tonnage as verified by the Director.

(2) Without prejudice to any other right, obligation and power of the Director or of anyone else, and without prejudice to sub-regulations (4) and (5), the Director may change the amount of gross tonnage as registered for a local fishing vessel when this is reasonable according to the circumstances of the case and upon an application by the owner or operator of the vessel, in any one (1) of the following circumstances:

(a) when, following verification by the Director, the resulting discrepancy between the registered gross tonnage and the verified gross tonnage is less than one

(1) gross tonne, and when the Director deems that said discrepancy is due to an error made in good faith by whosoever it may be, the Director may correct the registered gross tonnage so that it coincides with the verified gross tonnage; or

(b) when, following verification by the Director, and whatever the discrepancy between the registered gross tonnage and the verified gross tonnage may be, and if the Director deems that said discrepancy is not due to any fault of the applicant and that the required adjustment is not to the detriment of the local fishing vessel fleet and to the administration of fisheries according to the Act, the Director may change the registered gross tonnage so that it coincides with the verified gross tonnage.

(3) In case an owner or operator of a registered local fishing vessel applies with the Director to cancel the registration of a local fishing vessel and concurrently with the same cancellation also applies according to paragraphs (a) or (b), the Director may do the following:

(a) instead of two (2) or more registered local fishing vessels, he may permit the registration of one (1) local fishing vessel if its gross tonnage does not exceed by more than one (1) gross tonne of the sum of the gross tonnage of the local fishing vessels that were registered instead of that vessel;

(b) in cases in which the applicant requests the de-registration of a local fishing vessel and in lieu thereof does not request the registration of any vessel or requests the registration of one (1) or more vessels the total gross tonnage of which is less than that of the de-registered vessel, the Director may, upon a request made concurrently with the request for de-registration, allow the applicant to use that gross tonnage or the resulting discrepancy in a manner that is compliant with these regulations and the applicant shall be obliged to do so within two (2) years from the date of said de-registration: Provided that, in the circumstances provided under paragraph (b) and when the applicant does not make the use therein referred within the said two (2) years, the applicant shall lose all rights as granted by the same paragraph.

(4) All changes requested according to paragraph (b) of sub-regulation (2) are subject to the payment of eight hundred euro (€800) for each gross tonne or part thereof, and no change may take effect before the payment of the relevant amounts.

(5) The Director may not give effect to any change as provided by sub-regulations (2) or (3) if the registered gross tonnage of the entire local fishing vessel fleet exceeds seventy-five per cent (75%) of the amount equivalent to the maximum limit of the fishing capacity set for Malta according to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC as in force from time to time or according to any other European Union legislation which substitutes its provisions as relating to the maximum limit of the fishing capacity.

(6) Without prejudice to sub-regulations (2) to (5), the changes referred in this regulation may be made both by decreasing or increasing the registered gross tonnage of a local fishing vessel.

(7) Whenever this regulation refers to gross tonnage, the Director may, if he so deems it fair according to the circumstances of a case, apply the same provisions for engine power. mutatis mutandis

(8) Without prejudice to the provisions of this regulation, gross tonnage and engine power taken out of the fishing capacity of Malta shall not be subject to being or becoming the property of any person, and no provision of this regulation may be interpreted as giving any right upon any registration of gross tonnage and, or engine power, or on an amount of gross tonnage and, or engine power.

(9) For the purposes of this regulation, gross tonnage and engine power shall be measured according to the law of the European Union as applicable to fishing vessels.

(10) Nothing in this regulation or done according to this regulation shall be construed as affecting any obligation or responsibility according to law, be it civil, administrative and, or criminal according to the circumstances, and anything done according to this regulation is without prejudice to the same.