1.1 UK Fisheries Departments have issued a consultation paper seeking stakeholders views on a system of Fixed Administrative Penalties which will be offered as an alternative to criminal prosecution in certain circumstances. The decision on whether to offer a FAP will involve the assessment of the facts of the case against certain criteria.

1.2 Following a 12-week consultation exercise and evaluation of comments, a summary of responses will be published. Fisheries Administrations will consider the responses to see whether amendments should be made to the legislation, with explanations for the decisions taken.

1.3 Defra propose that the scheme would initially be introduced for EU Common Fishery Policy (CFP) offences under existing legislation on 1 April 2008. Later, powers would be taken through the Marine Act to extend the scheme to domestic offences.

1.4 Defra propose that EU offences detected by SFC Officers would be covered by the scheme but they have not yet decided if administrtive penalties should be extended to SFC byelaw offences.

2.1 The deadline for responses to the 12 week consultation is 15 February 2008. This is before the next joint Committee which will be in March 2008. There could be an opportunity to discuss the consultation at the Byelaws Sub-Committee meeting proposed by the Chairman’s Working Party for January 2008. (see CWP minute enclosed – members only).

2.2 This matter affects all Sea Fisheries Committees in much the same way and the Association CEO has suggested a combined response would be appropriate.