Consultation: Fisheries admin penalties

Consultation start: 11/11/2010
Consultation end: 03/02/2011

Summary from Defra:

The financial administrative penalties (FAP) scheme for Common Fisheries Policy offences has been in operation in England for two years. Part of our commitment to industry, at the inception of the scheme, was to review the scheme two years after implementation. In view of this, we would like your views on the existing scheme.

We are also proposing to use the powers made available by the Marine and Coastal Access Act to extend the FAP scheme to breaches of national fisheries legislation and Inshore Fisheries and Conservation Authorities (IFCA) byelaws once IFCAs have been fully established on 1 April 2011.

The intention is that FAPs will be offered as an alternative to criminal prosecution in certain circumstances, but a person will retain the option of having the matter dealt with in court in the usual way. The aim is to provide regulators with flexible enforcement tools and thus increase compliance with all fisheries regulations.

This consultation (England only) sets out policy proposals for the implementation of the new system from April 2011. The consultation document is divided into two key sections. Part one covers the review of the current scheme and extension to domestic fisheries legislation and part 2 deals with the scope of the new FAP regime and its application to IFCA byelaw offences.

The proposed offence categories and their corresponding levels of administrative penalties are set out in Annex A for EU and National Offences, and Annex B for IFCA offences.
Defra invites the views of all stakeholders who will be affected by this new system. These include, amongst others, those in the commercial fishing industry, including licence and entitlement holders for all English administered vessels, and registered buyers and sellers.

For more information visit the Defra website.

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