HARMFUL DISCHARGES AT SEA
LexInter | January 31, 2003 | 0 Comments

HARMFUL DISCHARGES AT SEA

Article L218-73
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

Is punished with a fine of 22,500 euros the fact of throwing, discharging or allowing to flow, directly or indirectly at sea or in the part of the rivers, canals or bodies of water where the water is salty, substances or organisms harmful to the conservation or reproduction of marine mammals, fish, crustaceans, shellfish, molluscs or plants, or of such a nature as to render them unfit for consumption.

Article L218-74
Owners of fishing vessels, whether or not they own them, may be held liable for the fines pronounced for the offenses provided for in article L. 218-73, on account of the acts of the owners and crews of this boat, those who operate marine culture establishments and shellfish deposits, on account of the acts of their agents or employees.
They are, in all cases, responsible for civil convictions.
Article L218-75
When an offense provided for in Article L. 218-73 has been observed under the conditions provided for in Article L. 218-77, the State representative in the region may suspend, for a maximum period of three months , the rights and prerogatives relating to the certificates, diplomas or certificates of captains, owners or those who perform the functions of them, as well as fishing licenses, special fishing permits and, in general, any fishing authorization issued in application of national or community regulations.
The sanction is pronounced by reasoned decision taken after opinion of a disciplinary council, under conditions fixed by decree of the Council of State.
The interested parties are informed in advance of the facts selected to initiate the prosecution.
They are invited in writing to review their case and are informed that they have two months to present their defense observations.
The representative of the State in the region cannot suspend the rights or the authorization in question because of facts dating back more than a year.
Its decision, which can be accompanied by a stay, is subject to an appeal of full jurisdiction before the administrative court.
Article L218-76
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

In the event of a conviction for the offenses provided for in Article L. 218-73, the court shall determine, if necessary, the measures to be taken to put an end to the offense or avoid its recurrence and the period within which these measures must be carried out as well as a fine of a maximum amount of 300 euros per day of delay in the execution of the measures or obligations imposed.
The penalty ceases to run on the day when the latter are completely carried out. It is then liquidated by the court at the request of the person concerned and recovered by the Treasury accountant as a criminal fine. It does not give rise to constraint by body. This article only applies to discharges, discharges or runoff from deposits or fixed installations.

Article L218-77
The following are empowered to investigate and record the infringements provided for in article L. 218-73:
1 ° The agents mentioned in article 16 of the decree of January 9, 1852 on the exercise of sea fishing;
2 ° National park officers under the conditions provided for in Chapter I of Title III of Book III of this Code;
3 ° Nature reserve officers under the conditions provided for in Chapter II of Title III of Book III of this Code.
Article L218-78
The provisions of articles 17 to 21 bis of the decree of January 9, 1852 on the exercise of sea fishing are applicable to the offenses provided for in article L. 218-73.
Article L218-79
 Individuals guilty of the offenses provided for in Article L. 218-73 also incur, as an additional penalty, the penalty of posting the decision pronounced or disseminating it under the conditions provided for in Article 131. -35 of the penal code.
Article L218-80
 I. – Legal persons can be declared criminally liable under the conditions provided for in article 121-2 of the penal code for the offenses provided for in article L. 218-73.
II. – The penalties incurred by legal persons are:
1 ° The fine, in accordance with the terms set out in article 131-38 of the penal code;
2 ° The penalties mentioned in 2 °, 3 °, 4 °, 5 °, 6 °, 8 ° and 9 ° of article 131-39 of the same code.
III. – The prohibition mentioned in 2 ° of article 131-39 of the penal code relates to the activity in the exercise or on the occasion of the exercise of which the offense was committed.

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