How much money can the fishing boat owner be fined for administrative violations when using a stateless fishing vessel?
According to Point d Clause 3, Clause 4 Article 20 Decree No. 42/2019/ND-CP regulations on serious violations in fisheries exploitation are as follows:
Article 20. Serious violations against regulations on commercial fishing
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3. A fishing vessel owner shall face a fine ranging from VND 800,000,000 to VND 1,000,000,000 for commission of one of the following violations:
a) Failing to obtain a fishing license or using an expired one when carrying out fishing operations within the territorial waters of Vietnam with a fishing vessel of ≥ 24 m in length overall;
b) Failing to obtain a fishing license or written approval or using an expired one when carrying out fishing operations in waters under the jurisdiction of another State or territory or under the jurisdiction of the regional fisheries organization;
c) Operating a foreign fishing vessel in the territorial waters of Vietnam without obtaining a fishing license or using an expired one;
d) Engaging in unauthorized fishing in waters under the jurisdiction of a regional fisheries organization by vessels without nationality, or by those flying the flag of a State not party to that organization;
dd) Engaging in fishing operations inconsistently with regulations on fishing and protection of aquatic resources in international waters beyond the jurisdiction of regional fisheries organizations;
e) Operating fishing vessels against regulations on management and conservation practices in international waters under the jurisdiction of one of regional fisheries organizations to which Vietnam is a Party;
g) Failing to install VTU on a fishing vessel of ≥ 24 m in length overall;
h) Hiding, fabricating or destroying evidence of violations against regulations on commercial fishing and protection of aquatic resources in case of repeated violation;
i) Carrying out fishing operations in excess of total allowable catch approved by regional fisheries organizations in case of repeated violation.
4. Additional penalties:
a) Fish and fishery products which are illegally caught or transshipped shall be confiscated in case of commission of any of the violations specified in Points a and b Clause 1, Points a, b and h Clause 2, Points a, b, c, d, dd and i Clause 3 of this Article;
b) Fishing vessels shall be confiscated in case of commission of any of the violations specified in Points b, c, d, dd and e Clause 3 of this Article;
c) The captain's license or certificate of competence to operate Vietnamese-flagged fishing vessels shall be suspended for 06 - 12 months in case of commission of any of the violations specified in Clause 1, Clause 2 and Clause 3 of this Article;
h) The fishing license shall be suspended for 06 - 12 months in case of commission of any of the violations specified in Point g Clauses 2, Points dd, e and g Clause 3 of this Article.
According to the above regulations, fishing vessel owners who use stateless fishing vessels may be subject to administrative penalties with fines ranging from 800,000,000 VND to 1,000,000,000 VND.
At the same time, owners of violating fishing vessels will also have illegally exploited and transported seafood confiscated; confiscate fishing boats.