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Number 8of2006
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SEA-FISHERIES AND MARITIME JURISDICTION ACT 2006
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ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title, collective citation and construction.
2. Definitions.3. Regulations.4. Repeals and Revocations.5. Expenses.
PART 2
Sea-Fisheries
Chapter 1
Preliminary
6. Definitions ( Part 2 ).
7. Moville and Louth areas.
Chapter 2
Regulation of Sea-Fishing
8. Restriction on foreign sea-fishing boats entering exclusive
fishery limits.
9. Provisions in relation to foreign sea-fishing boats lawfully
entering exclusive fishery limits.
10. Unauthorised fishing while on board foreign sea-fishing boat
within exclusive fishery limits.
11. Contravention of EC Regulation (common fisheries policy).12. Management of State’s fishing quota — notices.
13. Management and Regulation of State’s fishing opportunities
and fishing effort — authorisations.2[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
14. Regulations to give effect to common fisheries policy.
15. National regulatory measures to supplement common fisher-
ies policy.
Chapter 3
Sea-Fisheries Protection Officers —Detention of boats —Related
offences
16. Sea-fisheries protection officers.17. Powers of sea-fisheries protection officer related to the
inspection, examination and detention of sea-fish, etc.
18. Powers of sea-fisheries protection officer relating to fishing
boats.
19. Detention of boats and persons on board when offences
suspected.
20. Detention of boats and persons charged or to be charged
pending prosecution.
21. Detention of boats pending determination of any proceeding
(including appeals) under relevant provision.
22. Recovery of fine for offence under relevant provision and
possession by sea-fisheries protection officer ofarticles forfeited.
23. Trial in District Court of person charged with offence on
boat detained by sea-fisheries protection officer.
24. Offence — obstruction, etc., of sea-fisheries protection
officer.
25. Offence — assaulting sea-fisheries protection officer.
26. Immunity of sea-fisheries protection officer.
Chapter 4
Matters relating to indictable fishery offences, proceedings, forfeiture
27. Option for accused persons as regards proceedings in relation
to indictable offences under Sea-Fisheries Acts 2003
and 2006 .
28. Penalties and forfeiture for certain indictable fishery
offences.
29. Non-obligation of Court to pronounce or record forfeiture
where forfeiture falls as a statutory consequence ofconviction.
30. Disposal of forfeitures.31. Forfeiture of proceeds from disposal of illegally-caught fish.
32. Prosecutor may appeal dismissal of proceedings in District
Court.
33. Proof that boat is foreign sea-fishing boat.[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
34. Offence by body corporate, etc.
35. Service of trial documents — persons resident outside State.36. Defence.37. Presumption.38. Prosecution of summary offences — Sea-Fisheries Acts 2003
and 2006 .
39. Prosecution of sea-fisheries offences by DPP and saver.
Chapter 5
Sea-Fisheries Protection Authority
40. Establishment day.41. Establishment of Sea-Fisheries Protection Authority.42. Independence of Authority.43. Functions of Authority.44. Transfer of functions.45. Transfer of assets and liabilities of staff, etc., transferred.46. Policy directions by Minister to Authority.47. Members of Authority.48. Consultative Committee.
49. Complaints procedures.50. Staff of Authority.51. Sea-fisheries protection officers.52. Transfer of staff from Minister to Authority.53. Consultants and advisers.54. Indemnity.55. Membership of House of Oireachtas, European Parliament
and local authorities.
56. Code of Conduct.57. Disclosure of interests.58. Disclosure of confidential information.59. Superannuation of members of Authority.60. Superannuation of staff of Authority.61. Resources made available by Minister to Authority.62. Grants to Authority.
34[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
63. Fees.
64. Borrowings.65. Accounts and annual report of Authority.66. Strategy Statement of Authority.67. Publication of reports of Authority.68. Accountability of Authority to Committees of Oireachtas.69. Premises of Authority.70. Seal of Authority.71. Authority to keep itself informed on certain matters.72. Provision of services by Authority.73. Definitions ( Chapter 5 ).
Chapter 6
Registration of sea-fishing boats and miscellaneous offences
involving sea-fishing boats
74. Register of Fishing Boats.75. Registration, lettering and numbering of sea-fishing boats.76. Regulations.77. Fees.78. Continuance of Regulations of 2005.79. Miscellaneous offences involving sea-fishing boats.80. Definitions ( Chapter 6 ).
PART 3
Maritime Jurisdiction (Including Exclusive Economic Zone and
Exclusive Fishery Limits) of the State
81. Definitions ( Part 3 ).
82. Territorial seas.83. Outer limit of territorial seas.
84. Contiguous zone.85. Baseline.86. Internal waters.87. Exclusive economic zone of State.88. Exclusive fishery limits of State.89. Jurisdiction in case of offence.[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
90. Prosecution of non-national for offence on foreign ship.
91. Saving as to jurisdiction.92. Evidence as to extent of internal waters, territorial seas,
exclusive economic zone and exclusive fishery limits.
93. Adaptation of enactments.94. Laying of orders before Houses of Oireachtas.
PART 4
Amendments to Fisheries Acts 1959 to2003 , Mercantile Marine
Act 1955 , Fishery Harbour Centres Act 1968 , Dumping at Sea
Act 1996 and Maritime Safety Act 2005
Chapter 1
Trial of Offences
95. Provisions in relation to cases in District Court.96. Prosecution of summary offences — Fisheries Acts 1959 to
2006 .
Chapter 2
Licensing of sea-fishing boats and miscellaneous amendments to Act
of 2003
97. Sea-fishing boat licences.98. Tax clearance certification requirement for applicants for
sea-fishing boat licences.
99. Miscellaneous amendments to Act of 2003.
Chapter 3
Mercantile Marine
100. Amendment of Act of 1955.
Chapter 4
Aquaculture
101. Miscellaneous amendments to Fisheries (Amendment) Act
1997 — aquaculture.
Chapter 5
Fishery Harbour Centres
102. Amendment of section 4 of Fishery Harbour Centres Act
1968.
Chapter 6
Dumping at Sea
103. Amendment of Dumping at Sea Act 1996.
Chapter 7
Maritime Safety
104. Amendment of Maritime Safety Act 2005.
56[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
SCHEDULE 1
Enactments Repealed
SCHEDULE 2
United Nations Convention on the Law of the Sea 1982
Part V —Exclusive Economic Zone
SCHEDULE 3
Functions under Regulations which are Transferred
————————[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
Acts Referred to
British-Irish Agreement Act 1999 1999, No. 1
Carer’s Leave Act 2001 2001, No. 19Comptroller and Auditor General (Amendment) Act 1993 1993, No. 8Continental Shelf Act 1968 1968, No. 14Copyright and Related Rights Act 2000 2000, No. 28Courts Act 1964 1964, No. 11Courts of Justice Act 1924 1924, No. 10Courts of Justice Act 1936 1936, No. 48Criminal Justice Act 1994 1994, No. 15
Criminal Justice Act 1999 1999, No. 10Criminal Procedure Act 1967 1967, No. 12Dumping at Sea Act 1996 1996, No. 14Dumping at Sea Acts 1996 and 2004European Communities Act 1972 1972, No. 27European Parliament Elections Act 1997 1997, No. 2Finance Act 2002 2002, No. 5Fisheries Act 1980 1980, No. 1Fisheries Acts 1959 to 2003Fisheries (Amendment) Act 1962 1962, No. 31Fisheries (Amendment) Act 1974 1974, No. 25Fisheries (Amendment) Act 1978 1978, No. 18Fisheries (Amendment) Act 1983 1983, No. 27Fisheries (Amendment) Act 1994 1994, No. 23Fisheries (Amendment) Act 1997 1997, No. 23Fisheries (Amendment) Act 2001 2001, No. 40Fisheries (Amendment) Act 2003 2003, No. 21Fisheries and Foreshore (Amendment) Act 1998 1998, No. 54Fisheries (Consolidation) Act 1959 1959, No. 14Fisheries (Ireland) Act 1845 8 & 9 Vic., c. 108Fisheries (Ireland) Act 1846 9 Vic., c. 3Fisheries (Revision of Loans) Act 1931 1931, No. 33Fishery Harbour Centres Act 1968 1968, No. 18Fishery Harbour Centres Acts 1968 to 2005Fishing Licences (Moville District) Act 1951 1951, No. 25Food Safety Authority of Ireland Act 1998 1998, No. 29Foyle Fisheries Act 1952 1952, No. 5Freedom of Information Act 1997 1997, No. 13Freshwater Fisheries (Prohibition of Netting) Act 1951 1951, No. 21Local Government Act 2001 2001, No. 37Maritime Jurisdiction Act 1959 1959, No. 22Maritime Jurisdiction Acts 1959 to 1988Maritime Jurisdiction (Amendment) Act 1964 1964, No. 32Maritime Jurisdiction (Amendment) Act 1988 1988, No. 9Maritime Safety Act 2005 2005, No. 11Maritime Safety Acts 1992 to 2005Maritime Security Act 2004 2004, No. 29Mercantile Marine Act 1955 1955, No. 29Merchant Shipping Act 1894 57 & 58 Vic., c. 60
78[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
Merchant Shipping Acts 1894 to 2005
Minimum Notice and Terms of Employment Acts 1973
to 2005
Organisation of Working Time Act 1997 1997, No. 20Parental Leave Act 1998 1998, No. 30Patents Act 1992 1992, No. 1Petty Sessions (Ireland) Act 1851 14 & 15 Vic., c. 93Prosecution of Offences Act 1974 1974, No. 22Protection of Employees (Fixed-Term Work) Act 2003 2003, No. 29Protection of Employees (Part-Time Work) Act 2001 2001, No. 45Public Offices Fees Act 1879 42 & 43 Vic., c. 58Radiological Protection Act 1991 1991, No. 9Redundancy Payments Acts 1967 to 2003Sea Pollution Act 1991 1991, No. 27Sea Pollution Acts 1991 to 1999Sea Pollution (Amendment) Act 1999 1999, No. 18Sea Pollution (Hazardous Substances) (Compensation)
Act 2005 2005, No. 9
Taxes Consolidation Act 1997 1997, No. 39Terms of Employment (Information) Acts 1994 and 2001Trawling in Prohibited Areas Prevention Act 1909 9 Edw. 7, c. 8Unfair Dismissals Acts 1977 to 2005Wildlife Act 1976 1976, No. 39————————
Number 8of2006
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SEA-FISHERIES AND MARITIME JURISDICTION ACT 2006
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AN ACT TO REVISE WITH AMENDMENTS PART XIII OF
THE FISHERIES (CONSOLIDATION) ACT 1959 ANDTHE MARITIME JURISDICTION ACTS 1959 TO 1988, TOPROVIDE FOR THE ESTABLISHMENT OF A BODY TOBE KNOWN IN THE IRISH LANGUAGE AS ANT-U´DARA ´S UM CHOSAINT IASCAIGH MHARA, OR IN
THE ENGLISH LANGUAGE AS THE SEA-FISHERIESPROTECTION AUTHORITY, AND TO DEFINE ITSFUNCTIONS, TO AMEND AND EXTEND THE FISHER-IES ACTS 1959 TO 2003, THE MERCANTILE MARINEACT 1955, THE FISHERY HARBOUR CENTRES ACT1968, THE DUMPING AT SEA ACT 1996 AND THE MARI-TIME SAFETY ACT 2005, TO AMEND OR REPEAL CER-TAIN ENACTMENTS AND TO PROVIDE FOR CONNEC-TED MATTERS.
[4th April , 2006]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1
Preliminary and General
1.—(1) This Act may be cited as the Sea-Fisheries and Maritime
Jurisdiction Act 2006.
(2) The Act of 2003 (other than Part 5), Part 2 and Chapter 2 of
Part 4 may be cited together as the Sea-Fisheries Acts 2003 and 2006
and shall be construed together as one.
(3) The Fisheries (Amendment) Act 1997, sections 2, 3 and 4 of
the Fisheries and Foreshore (Amendment) Act 1998, the Fisheries(Amendment) Act 2001 and section 101 may be cited together as
the Aquaculture Acts 1997 to 2006 and shall be construed togetheras one.
(4) The Fisheries Acts 1959 to 2003 and this Act (other than Part
3and sections 100 ,102, 103 and 104) may be cited together as the
Fisheries Acts 1959 to 2006 and shall be construed together as one.
9Short title,
collective citationand construction.Pt.1S.1
Definitions.
Regulations.
Repeals and
Revocations.
10[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(5) The Act of 1955 and section 100 may be cited together as the
Mercantile Marine Acts 1955 and 2006.
(6) The Fishery Harbour Centres Acts 1968 to 2005 and section
102may be cited together as the Fishery Harbour Centres Acts 1968
to 2006.
(7) The Dumping at Sea Acts 1996 and 2004 and section 103 may
be cited together as the Dumping at Sea Acts 1996 to 2006.
(8) The Maritime Safety Acts 1992 to 2005 and section 104 may
be cited together as the Maritime Safety Acts 1992 to 2006.
2.—In this Act—
“Act of 1894” means Merchant Shipping Act 1894;“Act of 1955” means Mercantile Marine Act 1955;
“Act of 2003” means Fisheries (Amendment) Act 2003;“Community law” means an act adopted by an institution of the
European Communities;
“Department” means Department of Communications, Marine and
Natural Resources;
“foreign sea-fishing boat” means a sea-fishing boat which is not an
Irish sea-fishing boat;
“Irish sea-fishing boat” means a sea-fishing boat which is—
(a) entered in the Register of Fishing Boats,
(b) required by regulations under section 76 to be so entered,
or
(c) exempt from such registration by regulations under that
section;
“Minister” means Minister for Communications, Marine and
Natural Resources;
“Principal Act” means Fisheries (Consolidation) Act 1959;“Register of Fishing Boats” means the register maintained under
section 74 .
3.—(1) The Minister may make regulations in relation to any
matter referred to in Part 2 as prescribed.
(2) Every regulation made under Part 2 or section 25 of the Act
of 2003 shall be laid before each House of the Oireachtas as soon asmay be after it is made and, if a resolution annulling the regulationis passed by either such House within the next 21 days on which thatHouse has sat after the regulation is laid before it, the regulationshall be annulled accordingly, but without prejudice to the validityof anything previously done under it.
4.—(1) Each enactment specified in column (2) ofSchedule 1
is repealed to the extent specified in column (3) of that
Schedule.[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(2) Subject to sections 78, 85(3) ,92(2) and 97(2) , every order or
regulation or licence, permit or authorisation made or granted underan enactment or a provision of an enactment repealed by subsection
(1)is revoked.
5.—The expenses incurred by the Minister in the administration
of this Act shall, to such extent as may be sanctioned by the Ministerfor Finance, be paid out of moneys provided by the Oireachtas.
PART 2
Sea-Fisheries
Chapter 1
Preliminary
6.—In this Part—
“Act of 1967” means Criminal Procedure Act 1967;“Act of 1972” means European Communities Act 1972;“Act of 1994” means Fisheries (Amendment) Act 1994;“Act of 1999” means Criminal Justice Act 1999;“common fisheries policy” means the common fisheries policy of the
European Communities;
“Community Regulation” means a Regulation of an institution of
the European Communities on the conservation and sustainableexploitation of fisheries resources under the common fisheries policyor the matters related thereto, and includes a reference to a Regu-lation of an institution of the European Communities amending orreplacing the Regulation;
“equipment” includes any thing, instrument or machinery (other
than fishing gear) used or capable of being used for handling, weigh-ing, transporting, processing or storing fish;
“exclusive fishery limits” means exclusive fishery limits of the State;“exclusive fishery limits of the State” has the meaning given to it by
section 88 ;
“fish” and “sea-fish” include anadromous and catadromous species
and all crustaceans and molluscs found in the sea and the brood andspawn of fish, and references to a fish are to be read as includingreferences to part of that fish;
“fishing effort” and “fishing opportunities” have the meaning
assigned to them, respectively, in Council Regulation (EC) No.2371/2002 of 20 December 2002
1and any Community regulations
made under it on the conservation and sustainable exploitation offisheries resources under the common fisheries policy;
“fishing gear” includes any net, pot, trap, line, pole, dredge or other
apparatus of any kind and any attachment of any kind thereto usedor capable of being used for catching fish;
“ICES” means the International Council for the Exploration of the
Sea;
1OJ No. L358, 31.12.2002, p.59
11Pt.1S.4
Expenses.
Definitions ( Part 2 ).Pt.2S.6
Moville and Louth
areas.
Restriction on
foreign sea-fishingboats enteringexclusive fisherylimits.
12[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
“master”, when used in relation to a sea-fishing boat, means the mas-
ter, skipper or other person for the time being in charge of the boat;
“net” means an implement comprised mainly of netting wherever
found, stored or used for the capture of fish in the sea whether staticor towed or hauled or intended to be towed or hauled;
“owner” in relation to a sea-fishing boat, means the person registered
as its owner or, if no person is so registered, the person who ownsthe boat, and includes any part owner, charterer, hirer, manager oroperator of the boat;
“prescribed” means prescribed by regulations made by the Minister
and “prescribe” is to be read accordingly;
“prosecutor” means the Attorney General and, in lieu of him or her,
from the day appointed by an order made under section 39 , the
Director of Public Prosecutions;
“records” means any logbook, document or any other written or
printed material in any form including any information stored, main-tained or preserved by means of any mechanical or electronic device,whether or not stored, maintained or preserved in a legible form;
“relevant provision” means Chapter 2 or Part 4 of the Act of 2003;
“sea-fishing” means fishing for or taking fish or sea-fish;“sea-fishing boat” means any ship, boat or other vessel of whatsoever
kind used for sea-fishing and includes any vessel or boat used for thetreatment of fish or partly or wholly for the transport of fish;
“sea-fisheries protection officer” means a person declared by section
16to be a sea-fisheries protection officer;
“Secretary General” means Secretary General of the Department;
“specified area” means waters falling within the ICES sub-areas and
divisions as described in Communication (85/C347/05) from theCommission of the European Communities on the description of theICES sub-areas and divisions used for the purposes of fishing statis-tics and regulations in the North East Atlantic;
“State’s fishing quota” means the State’s share of the total allowable
catch fixed by a Regulation of the Council of the European Com-munities relating to certain species of fish in respect of a particularperiod;
“Table” means a Table to section 28 .
7.—This Part extends to the Moville Area (within the meaning of
the Foyle Fisheries Act 1952) and the Louth Area (within the mean-ing of section 31 of the British-Irish Agreement Act 1999).
Chapter 2
Regulation of Sea-Fishing
8.—(1) It is not lawful for any foreign sea-fishing boat to enter
within the exclusive fishery limits except for—
(a) a purpose or purposes recognised by—
(i) Community law,[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(ii) international law, or
(iii) any convention, treaty or arrangement for the time
being in force between the State and the country towhich the boat belongs,
or
(b) any other lawful purpose or purposes.
(2) If a foreign sea-fishing boat enters within the exclusive fishery
limits in contravention of subsection (1) the master of the boat com-
mits an offence.
9.—(1) If a foreign sea-fishing boat enters within the exclusive
fishery limits for—
(a) a purpose or purposes recognised by—
(i) Community law,
(ii) international law, or
(iii) any convention, treaty or arrangement for the time
being in force between the State and the country towhich the boat belongs,
or
(b) any other lawful purpose or purposes,
then—
(I) the boat must leave the exclusive fishery limits as soon
as the purpose for which the boat so entered has beenanswered, and
(II) any regulations made under subsection (2) and for the time
being in force shall be duly observed.
(2) The Minister may make regulations in relation to the mainten-
ance of good order amongst foreign sea-fishing boats for the timebeing within the territorial seas of the State and the persons on boardsuch boats.
(3) If there has been in relation to a foreign sea-fishing boat which
has lawfully entered within the exclusive fishery limits or in relationto the persons on board that boat, a contravention (whether by com-mission or omission) of subsection (1) , the master of the boat com-
mits an offence.
10.—(1) A person on board a foreign sea-fishing boat shall not
fish or attempt to fish while the boat is within the exclusive fisherylimits unless he or she is authorised by law to do so.
(2) A person who contravenes subsection (1) commits an offence.
13Pt.2S.8
Provisions in
relation to foreignsea-fishing boatslawfully enteringexclusive fisherylimits.
Unauthorised
fishing while onboard foreign sea-fishing boat withinexclusive fisherylimits.Pt.2S.10
Contravention of
EC Regulation(common fisheriespolicy).
Management of
State’s fishing quota— notices.
14[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
11.—(1) Unless otherwise provided by law, a person who contra-
venes or fails to comply with an obligation imposed on the personby a Community Regulation commits an offence.
(2) Subsection (1) does not apply to an obligation imposed on the
State by a Community Regulation.
(3) This section applies to—
(a) sea-fishing boats within the exclusive fishery limits,
(b) an Irish sea-fishing boat in waters, wherever it may be, and
(c) any person engaged in landing, trans-shipping, buying,
handling, weighing, transporting, processing, storing,documenting or selling fish within the State or the exclus-ive fishery limits.
(4) Where there is a contravention of or a failure to comply with
an obligation imposed by a Community Regulation on, or by, a sea-fishing boat and where a person is not specified in the CommunityRegulation to have contravened or failed to comply with the obli-gation, the master and the owner of the boat each commits anoffence.
(5) Where there is a contravention of or a failure to comply with
an obligation imposed by a Community Regulation by a personinvolved in landing, trans-shipping, buying, handling, weighing, trans-porting, processing, storing, documenting or selling fish, the personcontravening or failing to comply with such obligation commits anoffence.
12.—(1) The Minister may, for the proper management and con-
servation and rational exploitation of the State’s fishing quota andfishing effort under the common fisheries policy, issue notices to becomplied with by the owners or masters of Irish sea-fishing boatsand persons on board them with regard to prohibitions or restrictionson the catching of fish or the quantity of fish which may be caughtin a specified area.
(2) A notice may restrict or prohibit for a specified period the
catching, retention on board or landing of a specified fish stock orgroup of fish stocks or a quantity of such in a specified area and maybe addressed to all or certain types, lengths, sizes or classes of sea-fishing boats.
(3) The master of an Irish sea-fishing boat shall not engage in or
cause or permit any person on board to engage in fishing for fish ina specified area in which the catching, retention on board or landingof such fish is prohibited by a notice.
(4) An Irish sea-fishing boat shall not have or retain, and the mas-
ter of the boat shall not cause or permit the boat or any person onboard to have or retain, any fish on board which is prohibited bya notice.
(5) An Irish sea-fishing boat or a person on board the boat shall
not have or retain on board in a specified area or specified period—
(a) more than the quantity of fish, or[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(b) such quantities of fish which are more than the catch com-
position,
permitted by a notice in respect of the area nor land more than
that quantity.
(6) The master of an Irish sea-fishing boat shall not, unless per-
mitted by a notice, during the specified period in a notice cause orpermit the boat to be used, in a specified area mentioned in thenotice, for the trans-shipment of fish specified in the notice or causeor permit such boat to engage in trans-shipment operations at sea.
(7) The master of an Irish sea-fishing boat—
(a) before setting out on a voyage to fish for fish specified in
a notice the fishing of which is restricted by the notice,shall, if required by the notice, inform a sea-fisheries pro-tection officer of the expected port at which the fish isintended to be landed from the boat on completion ofthe voyage,
(b) in a specified area mentioned in a notice before any entry
into port or trans-shipment of fish from the boat, shall ifrequired by the notice, inform a sea-fisheries protectionofficer of the time and location of the entry or trans-ship-ment, as the case may be, whether inside or outside theState and the quantity of fish concerned, and
(c) shall if required by the notice not land the fish at any port
or place, unless on each occasion a sea-fisheries protec-tion officer has given prior approval of the landing.
(8) A notice, specifying the date and time of its issue and the date
from which it comes into force, not being a day earlier than the dayafter its first publication, shall be published, in such manner as theMinister considers appropriate and expedient in the circumstances(including electronic means, whether by electronic-mail, facsimile,the internet, or otherwise, or by publication in a newspaper pub-lished and circulating in the State or to organisations the Ministerconsiders representative of the interests of persons engaged in sea-fishing).
(9) Without prejudice to subsection (8) , notice of the publication
of a notice shall be made by publishing the notice in the Iris Oifigiu ´il.
(10) A copy of the Iris Oifigiu ´ilpurporting to contain a notice
may be produced in every court and in all legal proceedings and isevidence, unless the contrary is shown, of the notice.
(11) A copy of a notice, which has endorsed on it a certificate
purporting to be signed by an officer of the Department (authorisedin that behalf by the Secretary General) stating that the copy is a truecopy of the notice may, without proof of signature of that officer, beproduced in every court and in all legal proceedings and is evidence,unless the contrary is shown, of the notice.
(12) The master of an Irish sea-fishing boat who contravenes sub-
section (3) ,(4)or(6)commits an offence.
(13) Where there is a contravention of subsection (5) the master
of the Irish sea-fishing boat upon which the contravention occurredcommits an offence.
15Pt.2S.12Pt.2S.12
Management and
Regulation ofState’s fishingopportunities andfishing effort —authorisations.
16[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(14) The master of an Irish sea-fishing boat who fails to comply
with subsection (7) commits an offence.
(15) It is the duty of the master of an Irish sea-fishing boat to
keep himself or herself informed of notices relating to fishing fromhis or her boat.
(16) The Minister may authorise in writing an officer of the
Department to issue a notice on his or her behalf.
(17) In this section “notice” means a notice issued under subsec-
tion (1) .
13.—(1) The Minister may, for the proper and effective manage-
ment and conservation and rational exploitation of fishing oppor-tunities and fishing effort for Irish sea-fishing boats under the com-mon fisheries policy, at his or her discretion—
(a) upon—
(i) the application from, in such form as the Minister
decides, or
(ii) the Minister’s own initiative in respect of any person
who—
(I) is the owner of an Irish sea-fishing boat which is
entered in the Register of Fishing Boats, and
(II) to whom a sea-fishing boat licence has been
granted,
and
(b) upon the person giving to the Minister such information
as the Minister may reasonably require in relation to theapplication or the fishing capacity or operation of theboat concerned,
grant to the person an authorisation (“authorisation”) in respect of
the boat, authorising, subject to this section, the utilisation of theboat’s fishing effort for the capture and retention on board of a speci-fied fish stock (“stock”) or group of fish stocks (“stocks”) from theboat in a specified area mentioned in the authorisation and the land-ing or trans-shipment of the specified stock or stocks taken in thatarea during such period as is specified in the authorisation.
(2) The Minister may renew, subject to this section, without appli-
cation, at his or her discretion, an authorisation for such period asmay be stated in the renewed authorisation, where the Minister issatisfied that—
(a) the holder of the authorisation upon its expiration con-
tinues to be the owner, charterer or hirer, as the case maybe, of the boat in respect of which the authorisation wasgranted, and
(b) the boat concerned upon the expiration of the authoris-
ation continues to be—
(i) the subject of a sea-fishing boat licence, and[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(ii) entered in the Register of Fishing Boats.
(3) Without prejudice to the Minister’s discretion to refuse to
grant or renew an authorisation, the Minister may refuse to grantor renew an authorisation where the applicant for or holder of anauthorisation, as the case may be, has previously had such an author-isation held by him or her revoked.
(4) An authorisation shall not authorise the fishing for a specified
stock or stocks in the area, or the divisions, or sub-areas specified inthe authorisation, or the landing or trans-shipment of a specifiedstock or stocks taken on board a boat or caught in that area, orin those divisions or sub-areas, in contravention of a CommunityRegulation or a notice issued under section 12(1) .
(5) The Minister may attach to an authorisation conditions—
(a) specifying the quantities and types of fishing gear which
may be kept on board the boat or used for the purposesof fishing for the specified stock or stocks, and the man-ner in which such gear may be used or stored,
(b) specifying conditions for the use of fishing effort,
(c) prohibiting the trans-shipment or landing of the specified
stock or stocks other than at specified places and withinspecified hours,
(d) requiring the giving of specified advance notice of entry
into port, and any other information as may be specifiedin the authorisation,
(e) requiring the authorisation by a sea-fisheries protection
officer for the landing of the specified stock or stocks,
(f) requiring the separate storage of specified stocks,
(g) requiring the collection, collation and submission of all
specified data considered necessary in relation to fishing,trans-shipment or landing for the specified stocks,
(h) requiring the provision of assistance to and co-operation
with sea-fisheries protection officers in carrying outtheir duties,
(i) requiring the keeping of such records in relation to the
activities of the boat as may be specified in the auth-orisation,
(j) requiring the facilitation of the placing of any person
appointed by the Department or its agencies on boardthe boat for the purposes of ensuring compliance with therequirements of the authorisation, fisheries legislation,scientific observation, and requiring the provision ofassistance and co-operation to that person in carrying outhis or her duties or otherwise,
(k) requiring the keeping of the authorisation on the boat
concerned.
(6) The Minister may, as a condition of the authorisation, from
time to time, restrict the quantity of fish, during such period as heor she decides—
17Pt.2S.13Pt.2S.13
18[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(a) that may be taken or retained, on board a particular auth-
orised boat in any specified area or part of it, or
(b) in respect of fish so taken or retained, that may be landed
or trans-shipped from the boat.
(7) ( a) Conditions under subsection (5) or(6)may be attached to
an authorisation at the time it is granted or at any timewhile it is in force.
(b) A condition may be altered at any time while the authoris-
ation is in force and further conditions may be added.
(c) Notification of any condition or alteration shall be made
in writing (including writing in electronic form) to theholder of the authorisation and to any organisation whichthe Minister considers to be representative of the holder.
(d) Any condition attached or altered, after the authorisation
is granted, comes into force as specified in the notifi-cation to the holder of the authorisation, being a periodnot earlier than 24 hours after the notification is sent.
(e) It is the duty of the holder of the authorisation to inform
the master of the sea-fishing boat to which the authoris-ation relates of any condition or alteration of a condition
notified to the holder under this subsection.
(8) The Minister may, as a condition of the authorisation, from
time to time, restrict the fishing effort by a particular authorised boatin any specified area or specified time period on any specified stockor stocks or types of fishing gear.
(9) Where an authorised boat is engaged with another authorised
boat in pair fishing for a specified stock or stocks in an area specifiedin an authorisation, the boat may, notwithstanding any restrictionunder subsection (6) , take on board such quantity allowed to the
other boat under subsection (6)(a) , or land or trans-ship the other
boat’s share of the specified stock or stocks so taken, subject to suchconditions as may be specified in the authorisation relating to theother boat.
(10) Any restriction under subsection (6) or(8)is deemed a con-
dition of the authorisation to which it relates and the holder of theauthorisation and the master of the authorised boat concerned shallcomply with it.
(11) The master of a licensed boat who contravenes or fails to
comply with any condition of an authorisation relating to the boat orcauses or permits such a contravention or failure commits an offence.
(12) If the Minister is satisfied that there has been a failure to
comply with a Community Regulation or this Act or with a conditionspecified in an authorisation, the Minister may revoke or withdrawfor a period the authorisation.
(13) ( a) Where the Minister proposes to revoke, or withdraw for a
period, an authorisation he or she shall notify in writing(including writing in electronic form) the holder of theauthorisation of the proposal and the reasons for it.[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(b) The holder may within 14 days of being sent the notifi-
cation make representations to the Minister about theproposal.
(c) The Minister shall consider such representations before
making a decision to revoke or withdraw the auth-orisation.
(d) The decision takes effect 24 hours after notification of it
in writing is sent to the holder.
(e) It is the duty of the holder to inform immediately the mas-
ter of the sea-fishing boat to which the authorisationrelates of the revocation or withdrawal.
(14) An authorisation stands revoked if—
(a) the holder of the authorisation ceases to be the owner of
the boat in respect of which the authorisation wasgranted,
(b) a sea-fishing boat licence in relation to the boat is revoked
or has expired, or
(c) the boat ceases to be registered in the Register of Fishing
Boats.
(15) A person shall not, other than pursuant to an authorisation,
fish for, retain on board, or trans-ship or land from, an Irish sea-fishing boat, a specified stock or stocks where the Minister has deter-mined that, for that stock or stocks and for that boat or type of boat,an authorisation is required.
(16) The owner or master of an Irish sea-fishing boat, shall not,
other than pursuant to an authorisation, cause or permit—
(a) the boat or any person on board the boat to fish for the
specified stock or stocks in the specified area, or
(b) the landing or trans-shipment from, or retention on board,
the boat of the specified stock or stocks taken in thespecified area.
(17) A person who contravenes subsection (15) or(16) commits
an offence.
(18) The Minister may authorise such officers of the Department
as he or she considers necessary to grant authorisations on behalf ofthe Minister and to add or alter conditions to authorisations.
(19) In this section—
“authorisation” means an authorisation granted under subsection (1) ;
“authorised boat” means an Irish sea-fishing boat in respect of which
an authorisation, which is in force, has been granted;
“pair fishing” means, in relation to an authorised boat, the towing or
trawling of a trawl, seine or other net in the sea by the boat jointlywith another authorised boat for the purpose of catching fish;
“sea-fishing boat licence” means a licence granted under section 4
(inserted by section 97 ) of the Act of 2003.
19Pt.2S.13Pt.2S.13
Regulations to give
effect to commonfisheries policy.
20[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
14.—(1) Without prejudice to the generality of section 3(1) of the
Act of 1972, the Minister may by regulations prescribe measures togive effect to any provision either of the treaties governing the Euro-pean Communities or Community law which authorises any or allof the Member States of the European Communities to restrict, orotherwise regulate in respect of the common fisheries policy in amanner specified in the provision, fishing or fishing gear or equip-ment or buying, handling, weighing, trans-shipping, transporting,landing, processing, storing, documenting or selling fish. Such regu-lations may apply to any or all of the following:
(a) sea-fishing boats within the exclusive fishery limits;
(b) an Irish sea-fishing boat, wherever it may be; and
(c) any person engaged in buying, handling, weighing, trans-
shipping, transporting, landing, processing, storing, docu-menting or selling fish within the State or the exclusivefishery limits.
(2) Regulations under this section may, in particular—
(a) prescribe measures such as—
(i) prohibitions of or restrictions on areas or times or
methods of fishing or use of fishing boats or fishinggear or equipment on them,
(ii) prohibitions of or restrictions on fishing effort,
(iii) prohibitions of or restrictions on or requirements as
regards the equipment of fishing boats or fishinggear, or the use, modification or maintenance orstorage thereof or interference therewith,
(iv) prohibitions of or restrictions on the catching, hand-
ling, composition of catch, retention and storage onboard, trans-shipment and landing of fish, includingpermitted—
(I) size and type of fish which may be caught, and
(II) times, locations and conditions of landings,
or such other measures as may be prescribed,
(b) impose obligations on the holder of a sea-fishing boat
licence including, in particular, obligations in relationto—
(i) the catching, handling, composition of catch, retention
and storage on board, trans-shipment and landing offish, and
(ii) the taking, making and keeping of records and assist-
ing and co-operating with any person appointed bythe Department or its agencies to be on that boat,
and[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(c) include such incidental, supplementary and consequential
provisions as appear to the Minister to be necessary forthe purposes of the regulations (including provisionsrepealing, amending or applying, with or without modifi-cation, other law, exclusive of this Act).
(3) Where there is a contravention of a regulation under this
section—
(a) in relation to a sea-fishing boat or to fishing gear or equip-
ment on board the boat, the master and owner of theboat and the owner of the fishing gear or equipment eachcommits an offence, or
(b) in relation to fish, the master and owner of the boat con-
cerned and the buyer, handler, weigher, transporter, pro-cessor, person storing or documenting and seller of thefish each commits an offence.
(4) In any proceedings for an offence under this section it shall
be for the accused to show (as the case may be)—
(a) entitlement to any exemption or relief from any prohib-
ition or restriction or requirement alleged to have beencontravened, or
(b) that in the circumstances it was not possible to know or
not reasonable to ascertain that a regulation was beingcontravened.
15.—(1) The Minister may to supplement the common fisheries
policy, as he or she thinks proper, by regulations prescribe measuresfor the purpose of protecting, conserving or allowing the sustainableexploitation of fish or the rational management of fisheries thatrestrict, or otherwise regulate, fishing or fishing gear or equipment orthe buying, handling, weighing, trans-shipping, transporting, landing,processing, storing, documenting or selling of fish. Such regulationsmay apply to any or all of the following:
(a) fishing boats within the exclusive fishery limits or
internal waters;
(b) an Irish sea-fishing boat, wherever it may be;
(c) any person engaged in buying, handling, weighing, trans-
shipping, transporting, landing, processing, storing, docu-menting or selling of fish; and
(d) nets and their usage during any time or season or at any
place within the exclusive fishery limits or internalwaters.
(2) Regulations under this section may, in particular—
(a) prescribe such measures as—
(i) prohibitions of or restrictions on areas or times or
methods of fishing or use of sea-fishing boats orequipment on them,
(ii) prohibitions of or restrictions on fishing effort,
21Pt.2S.14
National regulatory
measures tosupplementcommon fisheriespolicy.Pt.2S.15
22[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(iii) prohibitions of or restrictions on or requirements as
regards the equipment of fishing boats or fishinggear, or the use, modification or maintenance orstorage thereof or interference therewith,
(iv) prohibitions of or restrictions on the catching, hand-
ling, composition of catch, retention and storage onboard, trans-shipment and landing of fish, includingpermitted—
(I) size and type of species which may be caught, and
(II) times, locations and conditions of landings,
(v) permitted by a Community Regulation which the
State may take in relation to an Irish sea-fishing boator to a sea-fishing boat within the exclusive fisherylimits or may apply to a buyer, handler, seller,weigher, transporter or processor of fish which sup-plement or go beyond a Community Regulation orother European Community law, but are compatiblewith Community law and in conformity with thecommon fisheries policy,
or
(b) impose obligations on the holder of a sea-fishing boat
licence including, in particular, obligations in relationto—
(i) the catching, handling, composition of catch, retention
and storage on board, trans-shipment and landing offish, and
(ii) the taking, making and keeping of records and assist-
ing or co-operating with any person appointed by theDepartment or its agencies to be on that boat,
or
(c) include such incidental, supplementary and consequential
provisions as appear to the Minister to be necessary forthe purposes of the regulations.
(3) Where there is a contravention of a regulation under this
section—
(a) in relation to a fishing boat or to fishing gear or equipment
on board the boat, the master and owner of the boat andthe owner of the fishing gear or equipment each commitsan offence, or
(b) in relation to fish, the master and owner of the boat con-
cerned and the buyer, handler, weigher, transporter, pro-cessor, person storing or documenting and seller of thefish each commits an offence.
(4) In any proceedings for an offence under this section it shall
be for the accused to show (as the case may be)—
(a) entitlement to any exemption or relief from any prohib-
ition or restriction or requirement alleged to have beencontravened, or[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(b) that in the circumstances it was not possible to know or
not reasonable to ascertain that a regulation was beingcontravened.
(5) In this section “internal waters” means the internal waters of
the State (within the meaning of section 86 ).
Chapter 3
Sea-Fisheries Protection Officers —Detention of boats —Related
offences
16.—(1) Each of the following persons is, for the purposes of the
Sea-Fisheries Acts 2003 and 2006 , a sea-fisheries protection officer—
(a) an officer of the Department authorised in that behalf by
the Minister,
(b) a person appointed under subsection (1) , or authorised
under subsection (2)(a) ,o fsection 51 ,
(c) a member of the Permanent Defence Forces (not below
the rank of leading seaman or corporal) for the timebeing serving on board any ship, vessel or aircraft belong-ing to or employed in the service of the State,
(d) a member of the Garda Sı ´ocha´na, and
(e) an officer of Customs and Excise authorised in that behalf
by the Revenue Commissioners.
(2) The Minister may, in agreement with any body established by
or under statute, authorise persons who are officers of that body to—
(a) perform such functions of a sea-fisheries protection officer
under this Act, or
(b) assist a sea-fisheries protection officer in exercising such
functions,
in such circumstances or area, to such extent and subject to such
conditions as he or she may specify in the authorisation.
17.—(1) A sea-fisheries protection officer is authorised and
empowered to do all or any of the following things, that is to say:
(a) to stop any person conveying or believed to be conveying
sea-fish of any kind and to inspect any sea-fish which theperson is found to be conveying and for that purpose toopen, search and examine any vehicle, equipment orpackage in which such sea-fish is or may be or is believedto be conveyed;
(b) at all reasonable times, to enter upon or stop, as appro-
priate and have free access to the interior of—
(i) any premises in which sea-fish is or is believed to be
sold, or kept, exposed for sale, stored, processed ordisposed of,
23Pt.2S.15
Sea-fisheries
protection officers.
Powers of sea-
fisheries protectionofficer related tothe inspection,examination anddetention of sea-fish, etc.Pt.2S.17
24[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(ii) the premises of any person engaged in the business of
carrying goods which relate to the common fisher-ies policy,
(iii) any pier, quay, wharf, jetty, dock or dock premises,
seafood factory or processing facility or warehouse,
(iv) any ship, boat, railway wagon, lorry, tanker, trailer or
other vessel or vehicle used for the conveyance ofgoods,
(v) the premises of any person engaged in the business of
retaining documents containing information onactivities relating to the common fisheries policy;
(c) to examine all sea-fish found in any place which he or she
is authorised by this section to enter and for that purposeto open any package found in such place and containingor believed to contain sea-fish;
(d) to verify the accuracy of the information in any document
or record which relates to the common fisheries policy;
(e) to check the size, weight, characteristics and condition of
sea-fish and the operation of any equipment used for themeasurement, weighing, handling, storage, trans-ship-
ment, transportation and processing of sea-fish;
(f) to stop, board and examine or search, on any part of the
sea or the sea shore, any boat used or believed to be usedfor fishing or containing illegally caught or retained sea-fish, and to examine all fish and all fishing gear and otherequipment found on or in it, or used from it and for thatpurpose to open any package, hold, tank, container orother article which contains or is suspected of containingany fish, fishing gear or other such equipment;
(g) to take, remove, and detain in his or her custody any sea-
fish (either together with or without any package or con-tainer in which the fish may be contained) found in thecourse of the exercise of any of the powers conferred bythis section in respect of which an offence under this Partis being or is suspected of being or to have beencommitted;
(h) to take, remove, and detain in his or her custody any fish-
ing gear or other equipment used in fishing or capable ofbeing used for fishing or any article which is liable or isbelieved to be liable to forfeiture under this Part;
(i) to request and take the name and address of the person
having custody of any sea-fish or other article which heor she is authorised under this section to examine, andalso to request and take from such person the name andaddress of the owner of such sea-fish or other article;
(j) to require the owner of or any person connected with—
(i) any premises referred to in paragraph (b)(i) and (ii)
and (v),[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(ii) any pier, quay, wharf, jetty, dock or dock premises,
seafood factory or processing facility or warehousereferred to in paragraph (b)(iii) ,o r
(iii) any ship, boat, railway wagon, lorry, tanker, trailer or
other vessel or vehicle referred to in paragraph
(b)(iv) ,
to give to him or her such information and to produce to
him or her such records within the power or procurementof that person as he or she may reasonably require relat-ing to the common fisheries policy;
(k) to examine and take the documents or records or copies
of, or extracts from, such documents or records relatingto the common fisheries policy;
(l) take evidence, including photographic evidence or elec-
tronically recorded evidence, of anything relating to anoffence under this Part which is being committed or sus-pected of being or having been committed.
(2) When a sea-fisheries protection officer detains in his or her
custody under this section any sea-fish or other article, he or sheshall, as soon as conveniently may be, take such steps as may beproper to have the person accused of the alleged offence committedin relation to such sea-fish or other article dealt with according tolaw.
(3) Where a sea-fisheries protection officer detains in his or her
custody under this section any sea-fish and the sea-fish is likely tobecome unfit for human food before the matter can conveniently bedealt with by any court, he or she may produce the sea-fish to adesignated officer (where he or she is not a designated officer), and,if authorised so to do by the designated officer, shall sell or otherwisedispose properly of the sea-fish.
(4) Where a sea-fisheries protection officer detains in his or her
custody under this section any live sea-fish, he or she may producethe sea-fish to a designated officer (where he or she is not a desig-nated officer) and, if authorised so to do by the designated officer,shall return the sea-fish to the sea.
(5) A designated officer to whom any sea-fish is produced under
this section or which he or she has detained in his or her authorityas a sea-fisheries protection officer shall, if he or she is of opinionthat the sea-fish ought in the circumstances to be destroyed orreturned to the sea, give to the sea-fisheries protection officer pro-ducing the sea-fish or create for himself or herself, as the case maybe, a certificate in writing describing the sea-fish and any marks,peculiarities or other particulars thereof pointed out to him or herby the sea-fisheries protection officer and authorising the officer todestroy the sea-fish or return the sea-fish to the sea, as the case maybe. The certificate shall be conclusive evidence in every court of allsuch matters of fact stated in it.
(6) A sea-fisheries protection officer shall avoid the use of force
except when and to the degree necessary to ensure the safety of theofficer and where the officer is threatened, obstructed, intimidatedor interfered with in exercising his or her duties. The degree of forceshall not exceed that reasonably required in the circumstances.
25Pt.2S.17Pt.2S.17
Powers of sea-
fisheries protectionofficer relating tofishing boats.
26[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(7) A sea-fisheries protection officer, who is not in uniform, shall
if requested by a person affected produce evidence of his or herauthority.
(8) A sea-fisheries protection officer when exercising any powers
under this section may be accompanied by other persons and maytake with him or her, or those persons may take with them, anyequipment or materials to assist the officer in the exercise of thosepowers.
(9) In this section “designated officer” means an officer of the
Department or such other person designated by the Minister towhom a sea-fisheries protection officer produces sea-fish for the pur-poses of this section.
18.—(1) A sea-fisheries protection officer, for the purposes of
enforcing the Sea-Fisheries Acts 2003 and 2006 or a Community
Regulation with respect to any sea-fishing boat within a port in theState, the exclusive fishery limits or (subject to Community law orinternational law) outside those limits, may—
(a) if the boat is underway, order it to be stopped or be
manoeuvred as directed for the purposes of identificationor of allowing the officer to go on board it,
(b) board the boat,
(c) require the owner, master or member of the crew of the
boat to produce the certificates of registry, licences, auth-orisations, logbooks or other records relating to the boator any fishing gear or equipment thereon, the crew or anymember of the crew, which are in his or her possessionor control, and inspect and take extracts from or copiesof them,
(d) require the master of the boat to give an explanation con-
cerning the boat or any fishing gear or equipment on it orconcerning the boat’s fishing activity and the certificates,licences, authorisations, logbooks, or other records relat-i n gt oi t ,
(e) inspect the satellite-tracking device and any other posi-
tioning equipment on the boat and require the owner,master or member of the crew of the boat to demonstratethe operation of that equipment, for the purposes of ver-ifying whether that equipment is operated properly, hasnot been tampered with or otherwise modified or inter-fered with and is protected against improper use,
(f) search the boat (including any package, hold, tank, con-
tainer or boat or other craft on board),
(g) request and take the name and address of any person on
board the boat,
(h) request co-operation and assistance from the master or
crew of the boat in relation to the inspection, examin-ation and detention of the boat or any fishing gear, equip-ment or sea-fish on it,[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(i) if he or she reasonably suspects that there has been a con-
travention by any person on board the boat of this Part,without summons, warrant or other process—
(i) if the boat is not in a port, take or instruct that the
boat and all persons on board be taken to port ororder the master of the boat to take the boat directlyto a specified port, and pending the taking of thesteps required by section 20 or21, as may be appro-
priate, detain the boat and the persons on board, or
(ii) if the boat is in a port, detain the boat and the persons
on board at the port or take it and them to a moreconvenient port and there detain it and them, pend-ing (in either case) the taking of those steps.
(2) A sea-fisheries protection officer shall avoid the use of force
except when and to the degree necessary to ensure the safety of theofficer and where the officer is threatened, obstructed, intimidatedor interfered with in exercising his or her duties. The degree of forceshall not exceed that reasonably required in the circumstances.
(3) A sea-fisheries protection officer, who is not in uniform, shall
if requested by a person affected produce evidence of his or herauthority.
(4) A sea-fisheries protection officer when exercising any powers
under this section may be accompanied by other persons and maytake with him or her, or those persons may take with them, anyequipment or materials (including firearms or other weapons (wherehe or she or any of those other persons is a member of the DefenceForces or the Garda Sı ´ocha´na)) to assist the officer in the exercise
of those powers.
(5) The master of a boat who fails to obey—
(a) an order for the boat to be stopped or to be manoeuvred
in accordance with directions, or
(b) an instruction for the boat to be taken to a specified port,
given by a sea-fisheries protection officer under this section commits
an offence and is liable—
(i) on summary conviction, to a fine not exceeding \5,000 or
to imprisonment for a term not exceeding 3 months, orto both, or
(ii) on conviction on indictment, to a fine not exceeding
\50,000 or to imprisonment for a term not exceeding 2
years, or to both.
19.—(1) Where a sea-fisheries protection officer has, in the exer-
cise of the powers conferred on him or her by section 18 or by section
26(2)( e) of the Act of 2003, detained a boat and the persons on board
the boat at a port, any sea-fisheries protection officer who suspectsthat a person on board the boat has committed an offence under arelevant provision shall (unless he or she is proceeding under section
21), as soon as may be, apply to a judge of the District Court for an
order authorising the continued detention of the boat and those per-sons, and the judge may grant an order authorising such detention
27Pt.2S.18
Detention of boats
and persons onboard whenoffences suspected.Pt.2S.19
Detention of boats
and personscharged or to becharged pendingprosecution.
Detention of boats
pendingdetermination ofany proceeding(including appeals)under relevantprovision.
28[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
for a period of 48 hours if he or she is satisfied that the applicant sea-
fisheries protection officer has such suspicion and it is reasonable.
(2) Upon the expiration of the period of 48 hours—
(a) the boat shall be released, unless an order or an appli-
cation for an order providing for its further detention hasbeen made under this section before the expiration ofthat period of 48 hours, and
(b) each person on board the boat shall be released, unless an
order providing for his or her further detention has beenmade under this section before the expiration of thatperiod.
(3) In this section “application for an order” includes mentioning
to the court that an application will be made to the court.
20.—(1) Where a sea-fisheries protection officer has in exercise
of the powers conferred on him or her by section 18 or by section
26(2)( e) of the Act of 2003 detained a boat and the persons on board
the boat at a port, any sea-fisheries protection officer shall, as soonas may be, bring the master of the boat and any other persons onboard the boat against whom proceedings for an offence under arelevant provision have been or are about to be instituted before ajudge of the District Court.
(2) Subject to subsection (3) , the judge shall, if he or she is satis-
fied that such proceedings have been or are about to be institutedagainst the master and those other persons or any one or more ofthem, by order, directed to a sea-fisheries protection officer, requirethe officer to detain at a specified port in the State the boat and eachsuch person (including the master) in respect of whom he or she issatisfied that proceedings have been or are about to be instituted,until the proceedings have been determined.
(3) The judge may order the release on bail of a person against
whom such proceedings have been instituted before the proceedingshave been determined.
21.—(1) ( a) Where—
(i) a person is convicted by a judge of the District Court
of an offence under a relevant provision or pro-ceedings in relation to such an offence are dismissedby a judge of the District Court, and
(ii) the boat, on which the person committed the offence
or to which the proceedings related, has beendetained under section 18 or section 26(2)( e) of the
Act of 2003,
the judge shall, by order directed to a sea-fisheries pro-
tection officer, require the officer in the event of anappeal from, or any other proceedings in relation to theorder of the District Court or the order of any other courtto which the case is brought, whether by way of appealor otherwise, to detain the boat further pending thedetermination of the appeal or other proceedings (andany proceedings consequent upon the appeal or the otherproceedings) at a specified port in the State.[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(b) Where—
(i) a person is sent forward for trial or for sentence by a
judge of the District Court to a court other than theDistrict Court, charged with an offence under a rel-evant provision, and
(ii) the boat on which the person committed, or is alleged
to have committed, the offence has been detainedunder section 18 or section 26(2)( e) of the Act of
2003,
the judge shall, by order directed to a sea-fisheries pro-
tection officer, require the officer—
(I) to detain the boat further at a specified port in the
State pending the determination of the case in thatother court, and
(II) in the event of an appeal from, or other proceedings
in relation to the order of the District Court or ofthe other court to which the person is sent forwardunder this paragraph or of any other court to whichthe case is brought, whether by way of appeal orotherwise, to detain the boat further pending thedetermination of the appeal or the other proceedings(and any proceedings consequent upon the appeal orthe other proceedings) at a specified port in theState.
(2) ( a) Where, in respect of an offence under a relevant provision,
an order is made under section 20 orsubsection (1) in
relation to a boat, a judge of the District Court may, athis or her discretion, by order directed to a sea-fisheriesprotection officer, require the boat to be released ifsecurity, which in the opinion of the judge is satisfactory,is given for payment, in the event of conviction of thedefendant in respect of the offence or in the event ofhis or her failure to attend before any court when suchattendance is required, in relation to the offence or anytrials, appeals or other proceedings in relation to theoffence, of a sum that, in the opinion of the judge, issufficient to provide for—
(i) payment of the maximum fine ordered, or which may
be ordered, to be paid in respect of the offence,
(ii) the estimated amount of the costs (if any) of any tri-
als, appeals or other proceedings in relation to theoffence awarded, or which may be awarded, againstthe defendant concerned, and
(iii) the estimated value of any forfeitures ordered, or
which may be ordered, to be made upon the finaldetermination of any trials, appeals or other pro-ceedings in relation to the offence.
(b) The security provided for in paragraph (a) is in addition
to and not in substitution for any other bond or recogni-sance which the defendant concerned may be required toenter into by the judge of the District Court concernedin relation to any trials, appeals or other proceedings inrespect of the offence concerned.
29Pt.2S.21Pt.2S.21
Recovery of fine for
offence underrelevant provisionand possession bysea-fisheriesprotection officer ofarticles forfeited.
30[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(3) Where an order is made under this section for the detention
or release of a boat, the boat shall be detained or released, as thecase may be, in accordance with its terms.
22.—(1) The following provisions have effect in relation to the
recovery of a fine for an offence under a relevant provision and thecosts (if any) ordered to be paid by the person convicted of theoffence:
(a) the Court shall fix a time within which such costs and fine
(if any) are to be paid;
(b) where the boat to which such person belongs is, at the
time of the hearing of the proceedings for such offence,
detained under this Chapter, the Court shall by orderdirected to a sea-fisheries protection officer or officersrequire such officer or officers to detain further, untilsuch fine and costs (if any) are paid, at a specified portin the State such boat, and such boat shall be detainedaccordingly;
(c) in the event of such fine and costs (if any) not being paid
within the said time, such fine and costs (if any) may berecovered by distress and the sale of such boat (includingthe capacity thereof);
(d) nothing in the foregoing paragraphs of this subsection shall
prevent such fine and costs (if any) being recovered fromsuch person by ordinary process of law.
(2) Where—
(a) any article on board a boat is ordered under Chapter 4 ,b y
a court to be forfeited or, as a statutory consequence ofconviction by a court, stands, under Chapter 4 , forfeited,
and
(b) the boat is detained under section 19 or section 26(2)( e)o f
the Act of 2003,
the Court may, on the application of the prosecutor, by order
directed to a sea-fisheries protection officer, authorise such officerto detain such boat until possession has been taken of the articleforfeited, and such boat may be detained accordingly.
(3) Where an article on board a boat is forfeited under a relevant
provision, a sea-fisheries protection officer may request the masterof such boat to make available such facilities (including the movingof the boat from place to place and the doing of things upon, to orwith such boat, its equipment or machinery) as such sea-fisheriesprotection officer may reasonably require for the purpose ofenabling him or her to take possession of the article.
(4) Where the master of a boat fails or refuses to comply with a
request made to him or her under subsection (3) , he or she commits
an offence and is liable on summary conviction to a fine notexceeding \5,000.[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
23.—(1) Where—
(a) a sea-fisheries protection officer has in exercise of the
powers conferred on him or her by section 18 or by
section 26(2)( e) of the Act of 2003 detained a boat and
the persons on board it at a port in the State, and
(b) a person (being one of those persons) is alleged to have
committed an offence under this Part,
the person may be brought before the appropriate judge of the Dis-
trict Court and—
(i) if the offence is not an offence under a section specified in
a Table, that judge may hear and determine the case, or
(ii) if the offence is an offence under a section specified in that
Table, that judge has jurisdiction to deal with the caseunder section 28(2) or(3), as may be appropriate.
(2) In this section “appropriate judge of the District Court” means
the judge for the time being assigned to the district court district inwhich is situated the port in which the boat and persons concernedare detained.
(3) Subsection (1) shall not be read as affecting section 79 of the
Courts of Justice Act 1924.
24.—(1) A person who—
(a) obstructs or impedes any sea-fisheries protection officer in
the exercise of any of the powers conferred on suchofficer by this Part,
(b) refuses or fails to comply with any requirement or direc-
tion lawfully made or given by such officer under thisPart (other than section 18 ),
(c) fails to answer any question lawfully asked by such officer
under this Part, or
(d) where—
(i) his or her name and address is requested of him or
her by a sea-fisheries protection officer under section
17(1)(i) or18(1)(g) , refuses or fails to give his or her
name and address or gives a name or address whichis false or misleading, or
(ii) the name and address of any other person is lawfully
requested of him or her by a sea-fisheries protectionofficer under section 17(1)(i) , refuses or fails, know-
ing such name and address, to give the name oraddress or gives a name or address which is falseor misleading,
31Pt.2S.22
Trial in District
Court of personcharged withoffence on boatdetained by sea-fisheries protectionofficer.
Offence —
obstruction, etc., ofsea-fisheriesprotection officer.Pt.2S.24
Offence —
assaulting sea-fisheries protectionofficer.
Immunity of sea-
fisheries protectionofficer.
32[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
commits an offence and is liable on summary conviction, to a fine
not exceeding \5,000 or to imprisonment for a term not exceeding 2
months, or to both.
(2) If a person—
(a) obstructs or impedes a sea-fisheries protection officer so
as to prevent or to attempt to prevent the officer exerciseany of his or her powers under this Part, or
(b) whose name and address is lawfully required by a sea-fish-
eries protection officer under this section refuses to givehis or her name and address or gives, as his or her nameor address, a name or address which is reasonablybelieved by such officer to be false or misleading,
the officer or another sea-fisheries protection officer may (being a
member of the Defence Forces or Garda Sı ´ocha´na or an officer of
Customs and Excise) arrest, without warrant, the person and, if thatofficer is not a member of the Garda Sı ´ocha´na, shall, as soon as
practicable, deliver the person into the custody of a member of theGarda Sı ´ocha´na to be dealt with according to law.
25.—(1) A person who assaults a sea-fisheries protection officer
in exercise of any power conferred on a sea-fisheries protectionofficer under this Part or Part 4 of the Act of 2003 commits anoffence and is liable—
(a) on summary conviction, to a fine not exceeding \5,000 or
to imprisonment for a term not exceeding 12 months, orto both, or
(b) on conviction on indictment, to a fine or to imprisonment
for a term not exceeding 5 years, or to both.
(2) If a person assaults a sea-fisheries protection officer in the
exercise of his or her powers under this Part or the Act of 2003 theofficer or another sea-fisheries protection officer may (being amember of the Defence Forces or Garda Sı ´ocha´na or an officer of
Customs and Excise) arrest, without warrant, the person and, if that
officer is not a member of the Garda Sı ´ocha´na, shall, as soon as
practicable, deliver the person into the custody of a member of theGarda Sı ´ocha´na to be dealt with according to law.
(3) Section 15(1) of the Act of 1994 is amended by deleting “sea-
fisheries protection officer”.
26.—A sea-fisheries protection officer or a person acting under
the orders of a sea-fisheries protection officer is not liable in anyproceedings for anything done in the purported exercise of thepowers of a sea-fisheries protection officer under this Part if thecourt is satisfied that the act was done in good faith and that therewere reasonable grounds for doing it.[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
Chapter 4
Matters relating to indictable fishery offences, proceedings, forfeiture
27.—(1) ( a) A person charged with an indictable offence under
Chapter 2 or the Act of 2003 may, with the consent of the
prosecutor, elect to be sent forward for trial in the CircuitCourt on a plea of not guilty.
(b) In that event, the prosecutor shall cause to be served on
the accused person or the solicitor (if any) for that per-son, within 42 days after the not guilty plea is entered (orsuch longer period as the District Court may determineunder subsection (2)(a) ), any documents that under
section 4B or 4C (inserted by section 9 of the Act of1999) of the Act of 1967 are required to be served andhave not already been served and a copy of those docu-ments to be furnished to the District Court.
(2) ( a) The District Court may, on the application of the pros-
ecutor, extend the period within which any documentsrequired under section 4B of the Act of 1967 are to beserved, if satisfied that—
(i) there is good reason for doing so, and
(ii) it would be in the interests of justice to do so.
(b) An application may be made and an extension may be
granted under paragraph (a) before or after the expiry
of—
(i) the period of 42 days mentioned in subsection (1) ,o r
(ii) any extension of that period granted under para-
graph (a) .
(c) Where it refuses to grant an extension, the District Court
shall strike out the proceedings against the accused inrelation to the offence.
(d) The striking out of proceedings under paragraph (c) does
not prejudice the institution of any further proceedingsagainst the accused by the prosecutor.
28.—(1) A person guilty of an offence under a provision of—
(a)Chapter 2 specified in Table 1 ,o r
(b) Part 2 of the Act of 2003 specified in Table 2 ,
is liable, on conviction on indictment, to the fine specified in column
(3)of that Table at the reference number at which that provision is
specified in respect of the category of sea-fishing boat mentioned inthat column and to the forfeiture specified in subsection (5) .
(2) A judge of the District Court has jurisdiction to try summarily
any offence referred to in subsection (1) if—
(a) the judge is of opinion that the facts proved or alleged
against a defendant charged with such an offence consti-tute a minor offence fit to be tried summarily,
33Pt.2S.26
Option for accused
persons as regardsproceedings inrelation toindictable offencesunder Sea-Fisheries
Acts 2003 and 2006 .
Penalties and
forfeiture forcertain indictablefishery offences.Pt.2S.28
34[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(b) the prosecutor consents, and
(c) the defendant (on being informed by the judge of his or
her right to be tried by a jury) does not object to beingtried summarily,
and, upon conviction under this subsection, the defendant is liable
to a fine not exceeding \5,000 and to the forfeiture specified in sub-
section (6) .
(3) If at any time a judge of the District Court ascertains that a
person charged with an offence referred to in subsection (1) wishes
to plead guilty and the judge is satisfied that the person understandsthe nature of the offence and the facts charged, he or she may—
(a) with the consent of the prosecutor, deal with the offence
summarily, in which case the accused is liable to a finenot exceeding \5,000 and to the forfeiture specified in
subsection (6) ,o r
(b) if the accused signs a plea of guilty, send him or her, with
the consent of the prosecutor, forward for sentence withthat plea to a court to which, if he or she had not pleadedguilty, he or she could lawfully have been sent forwardfor trial.
(4) Section 13(1) to (3) of the Act of 1967 does not apply in
relation to an offence referred to in subsection (1) . In subsection
13(4) (as amended by section 10 of the Act of 1999) of the Act of1967 a reference to a person sent forward for trial under paragraph(a) of that section shall be read as including a reference to a person
sent forward for trial under subsection (3)(b) of this section.
(5) Where a person is convicted on indictment of an offence speci-
fied in a Table, in addition to any fine the court may impose underthis section—
(a) in the case of a conviction under section 8 or9, it may
order the forfeiture of all or any fish and fishing gearfound on the boat to which the offence relates, or
(b) in the case of a conviction under any other provision men-
tioned in a Table, any fish and fishing gear found on theboat to which the offence relates or in any other placewhere they may be are, as a statutory consequence of theconviction, forfeited.
(6) Where a person is convicted summarily of an offence specified
in a Table, in addition to any fine the court may impose under thissection—
(a) in the case of a conviction under section 8 or9,o raf i r s t
conviction under any other provision mentioned in aTable, it may order the forfeiture of all or any of thefollowing found on the boat to which the offencerelates, namely—
(i) any fish unlawfully caught, and
(ii) any fishing gear used in the commission of the offence
or to which the offence relates, or[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(b) in the case of a second or subsequent conviction under any
provision (other than section 8 or9) mentioned in a
Table, all or any of the following found on the boat towhich the offence relates, namely—
(i) any fish unlawfully caught, and
(ii) any fishing gear used in the commission of the offence
or to which the offence relates,
are as a statutory consequence of the conviction,
forfeited.
Where the Court decides under paragraph (a) not to order the for-
feiture of all or any of the above it shall give reasons for not doing so.
(7) ( a) The court may, in addition to any fine and forfeiture which
it may impose or is as a statutory consequence of convic-tion imposed under this section, revoke or suspend, forsuch period as it sees fit, the sea-fishing boat licencegranted in relation to the boat concerned.
(b) A licence revoked or suspended under this subsection shall
be delivered as soon as practicable to the licensing auth-ority after it is revoked or suspended.
(c) A person who fails to comply with paragraph (b) commits
an offence and is liable on summary conviction to a finenot exceeding \500.
TABLE 1 — Fines - Provisions of Chapter 2
Reference Provision Fine on conviction on indictment not exceeding
Number amount specified below
(1) (2) (3)
Category 1 - Category 2 - Category 3 -
sea-fishing sea-fishing sea-fishingboat of less boat of 12 boat of morethan 12 metres or than 18metres in more but not metres inlength overall exceeding 18 length overall
metres inlength overall
1. Section 11, 14
or 15 in sofar as itrelates to—
(a) a \20,000 \50,000 \100,000
contraventionrelating tofish storagecapacity of asea-fishingboat,
(b) illegal nets or \20,000 \40,000 \80,000
otherequipment,or
(c) any other \10,000 \20,000 \35,000
contraventionor failure ofcompliance.
2. Section 8(2), \20,000 \50,000 \75,000
9(3) or 10(2).
3. Section 12 or \10,000 \20,000 \35,000
13.
35Pt.2S.28Pt.2S.28
Non-obligation of
Court to pronounceor record forfeiturewhere forfeiturefalls as a statutoryconsequence ofconviction.
Disposal of
forfeitures.
Forfeiture of
proceeds fromdisposal of illegally-caught fish.
36[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
TABLE 2 — Fines - Provisions of Act of 2003
Reference Provision Fine on conviction on indictment not exceeding
Number amount specified below
(1) (2) (3)
Category 1 - Category 2 - Category 3 -sea-fishing sea-fishing sea-fishingboat of less boat of 12 boat of morethan 12 metres or than 18metres in more but not metres inlength overall exceeding 18 length overall
metres inlength overall
1. Section 4(12) \20,000 \50,000 \75,000
(fishingwithout or incontraventionof sea-fishingboat licence).
2. Section 25(3) \20,000 \50,000 \100,000
(fishing incontraventionofconservationregulations).
3. Section 27(5) \20,000 \50,000 \100,000
(failure toreturn to portimmediatelyon order ofsea-fisheriesprotectionofficer).
29.—Where a person is convicted by a court of an offence specified
in a Table and any fishing gear or fish under section 28 is, as a statu-
tory consequence of the conviction, forfeited, then, notwithstandingany rule of law, it is not necessary for the court—
(a) to pronounce the fact of such forfeiture at the time of
adjudication, or
(b) to record the fact of such forfeiture in the judge’s minute
book, the charge sheet or in the order of conviction.
30.—Where any thing which, either as a statutory consequence of
conviction or by an order of a court, is forfeited under section 28, is
lawfully seized, the Secretary General may direct that such thingshall be sold or otherwise disposed of in such manner as he or shethinks fit for the benefit of the Exchequer.
31.—(1) Where it is shown to the satisfaction of the court on the
balance of probability that fish were caught in contravention of anylaw of the State or of Community law or in contravention of anyinternational agreement to which the State is a party, the appropriatemarket value from disposal of that fish shall be forfeited to the Stateand may be recovered, in accordance with this section, from—
(a) in the case of an Irish sea-fishing boat, the owner or
owners of that boat as recorded in the Register of FishingBoats if the boat is registered in that register or theholder of the sea-fishing boat licence for the boat con-cerned, or[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(b) in the case of any other sea-fishing boat, the owner or
owners of the boat concerned.
(2) A forfeiture under subsection (1) —
(a) shall be in addition to and not in substitution for any fine
or other forfeiture which a court may impose in relationto the sea-fishing boat or sea-fishing concerned and shallbe paid into or disposed of for the benefit of theExchequer in such manner as the Minister for Financedirects, and
(b) may be imposed where there were no proceedings for an
offence in relation to the sea-fishing boat or sea-fishingconcerned.
(3) Prima facie evidence that fish were caught illegally may be
adduced by a sea-fisheries protection officer from the logbook or
other records relating to the sea-fishing boat or sea-fishingconcerned.
(4) In order to establish an appropriate valuation of the proceeds
to be forfeited so as to reflect the economic effects of the illegal sea-fishing concerned, the court shall have regard to the greater of thefollowing amounts—
(a) the amount of the proceeds of disposal according to any
documentary evidence submitted by the owner of the sea-fishing boat concerned, within such period as the courtmay specify, or
(b) the appropriate market value of the sea-fish concerned
involving a willing seller and a willing buyer operatingat arms’ length, in so far as that value could reasonablybe established:
Provided that where the sea-fish concerned were first disposed of for
storage and were subsequently disposed of otherwise at a differentvalue, the appropriate market value of the sea-fish concerned shallbe taken to be the value of the disposal with the greater value.
(5) Proceedings under subsection (1) may be brought by or at the
suit of the Minister.
(6) In this section—
“disposal” includes sale, exchange, barter or other transaction based
on a valuation of the fish concerned;
“sea-fishing boat concerned” includes an Irish sea-fishing boat
wherever it may be and any other sea-fishing boat which disposes offish within the exclusive fishery limits or in a port or other landingplace in the State.
32.—(1) Where any proceedings tried summarily in the District
Court for an offence under the Sea-Fisheries Acts 2003 and 2006 are
dismissed, whether on the merits or without prejudice, the prosecutormay appeal against the order of dismissal to the judge of the CircuitCourt within whose Circuit the courthouse where the order wasmade is situated.
37Pt.2S.31
Prosecutor may
appeal dismissal ofproceedings inDistrict Court.Pt.2S.32
Proof that boat is
foreign sea-fishingboat.
Offence by body
corporate, etc.
Service of trial
documents —persons residentoutside State.
38[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(2) The judge of the Circuit Court on an appeal under subsection
(1)may vary, confirm or reverse the order and his or her decision is
final and conclusive and not appealable.
33.—(1) Where in any proceedings for an offence under this Part
or the Act of 2003 there is evidence from which it appears to thecourt that the sea-fishing boat to which the alleged offence relates,or on board which such offence is alleged to have been committed,is either of a foreign character or of foreign origin or that at or aboutthe time of the alleged offence such boat—
(a) wore no flag or wore a flag other than the national flag,
(b) had marked on its stern the name of any place other than
a port mentioned in the Second Schedule to the Act of1955, or
(c) had on board any books, papers or other documents from
which it so appears that the boat was not an Irish ship(within the meaning of section 9 of that Act),
then, until the contrary is shown, such evidence shall be sufficient to
prove that such boat is a foreign sea-fishing boat.
(2) Where in proceedings for an offence under this Part or the
Act of 2003 it is proved that the sea-fishing boat to which the allegedoffence relates, or on board which such offence is alleged to havebeen committed, wore at or about the time of the alleged offence aflag other than the national flag, the presumption raised by subsec-
tion (1) , insofar as it depends on that proof, may be rebutted by the
defendant proving that the flag so worn was not a flag distinctiveof nationality.
34.—Where an offence under the Sea-Fisheries Acts 2003 and 2006
is committed by a body corporate or by a person purporting to acton behalf of a body corporate or on behalf of an unincorporatedbody of persons and it is proved to have been so committed with theconsent or connivance of or to be attributable to any neglect on thepart of any other person who, when the offence was committed, was,or purported to act as, a director, manager, secretary or other officer(including a member of such body), such other person as well as thebody, or the person so purporting to act on behalf of the body, com-mits an offence and is liable to be proceeded against and punishedas if he or she were guilty of the first-mentioned offence.
35.—(1) Where a judge of the District Court proposes to make
an order for the release on bail of a defendant before him or her,charged with an offence under the Sea-Fisheries Acts 2003 and 2006 ,
who is ordinarily resident outside the State, he or she shall, unlesshe or she is satisfied that the following documents can be duly servedon the defendant in the State, direct that all documents (includingan indictment) required by law to be served on the defendant inconnection with or for the purpose of the charge or of any pro-ceedings arising out of or connected with the charge may, in lieu ofbeing served on the defendant, be served on a person specified inthe direction who is ordinarily resident in the State.
(2) Where a judge of the District Court who has given a direction
under subsection (1) or another judge of the District Court acting in
his or her place is satisfied that, owing to the death or absence from[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
the State of a person specified in the direction or for any other
reason a document referred to in subsection (1) cannot be served on
that person, the judge shall direct that the document may be servedon another person specified in the direction who is ordinarily resi-dent in the State.
(3) Service of a document referred to in this section on a person
specified in a direction under this section is deemed for all purposesto be service on the defendant concerned.
36.—Where an offence under a relevant provision has been com-
mitted by any person on board a sea-fishing boat, and where themaster or owner of the boat is charged with having committed theoffence, it is a defence for him or her to show that—
(a) he or she used due diligence to prevent the commission of
the acts alleged to constitute the offence and they weredone without his or her consent, connivance or default, or
(b) the acts were necessary to secure the safety of the boat or
any other vessel or person in peril on the sea.
37.—In a prosecution of an offence in relation to the catching,
retention, storage on board, trans-shipment or landing of the fishconcerned in contravention of Chapter 2 or section 25 of the Act of
2003, it shall be presumed, unless the contrary is shown, that the sea-fishing boat concerned was, at the time of the alleged offence, usedfor the catching, retention, storage on board, trans-shipment or land-ing of the fish concerned in contravention of the provision con-cerned, from—
(a) any fish relevant to the offence on board such sea-fishing
boat,
(b) any nets or other equipment or articles on board such sea-
fishing boat indicating use of the boat for fishing, theretention, storage on board, trans-shipment or landing offish relevant to the offence,
(c) evidence that such sea-fishing boat had on board any
records from which it appears to the court that on theday on which the offence is alleged to have been commit-ted fish relevant to the offence were caught, retained,stored on board, trans-shipped or landed contrary to theprovision concerned,
(d) any admission by any person who is for the time being the
master or another member of the crew, of such sea-fish-ing boat that at such time it was so used,
(e) any photographic evidence from which it so appears that
the sea-fishing boat was so used or which in the opinionof the court suggests, or tends to suggest, that the sea-fishing boat was so used, or
(f) any data received by a Fisheries Monitoring Centre
(within the meaning of Commission Regulation (EC) No.2244/2003 of 18 December 2003
2laying down detailed
provisions regarding satellite-based vessel monitoringsystems) monitoring the fishing activities of the boat from
2OJ No. L333, 20.12.2003, p.17
39Pt.2S.35
Defence.
Presumption.Pt.2S.37
Prosecution of
summary offences—Sea-Fisheries
Acts 2003 and 2006 .
Prosecution of sea-
fisheries offences byDPP and saver.
40[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
which it so appears that the sea-fishing boat was so used
or which in the opinion of the court suggests, or tends tosuggest, that the boat was so used.
38.—(1) Proceedings for an offence under the Sea-Fisheries Acts
2003 and 2006 (other than a section specified in a Table) may be
prosecuted summarily by the Minister.
(2) Notwithstanding anything contained in any other enactment,
an offence under the Sea-Fisheries Acts 2003 and 2006 , other than an
offence specified in a Table, may be determined in a summary wayby a judge of the District Court upon the complaint, verbal or other-wise, of a sea-fisheries protection officer.
(3) For the purpose of giving jurisdiction under the Sea-Fisheries
Acts 200 3and 2006 any act which is an offence under those Acts and
triable summarily shall, if committed by or on board a sea-fishingboat—
(a) be deemed to have been committed in any place in which
the accused person may be, or
(b) which was within the exclusive fishery limits when the act
was committed or when the accused person was arrested,be deemed to have been committed in a district courtdistrict abutting on that portion of those limits in whichthe boat was when the act was committed or the accusedperson arrested, as the case may be.
39.—(1) The Government, on the request of the Attorney
General, may by order appoint a day from which the Director, sub-ject to subsection (2) , is the prosecutor in lieu of the Attorney
General, of an offence under a section specified in a Table. ThatOrder shall be laid before each House of the Oireachtas as soon asmay be after it is made.
(2) Any proceedings in respect of an offence under a section
specified in a Table or a Table to section 2 of the Act of 1978 whichhave been instituted in the name of the Attorney General before thecommencement of an order under subsection (1) and are still pending
and have not been determined before that commencement continuein the name of the Attorney General after that commencement.
(3) Any proceedings for an offence under a section specified in a
Table to section 2 of the Act of 1978 which have not been institutedon the commencement of an order under subsection (1) shall be
taken in the name of the Director. Accordingly, for the purposes ofthose proceedings, the reference to the Attorney General in section2 of the Act of 1978 is to be read as a reference to the Director andsection 18 of the Act of 1978 does not apply.
(4) Until the commencement of an order made under subsection
(1)—
(a) section 3 of the Prosecution of Offences Act 1974 does not
apply to the prosecution of an offence under a sectionspecified in a Table or a Table to section 2 of the Act of1978 or to any functions in relation to that matter towhich, but for this subsection, it would apply, and[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(b) references in section 62 of the Courts of Justice Act 1936
and section 6 of the Courts Act 1964 to the Director are,in so far as those sections apply in relation to the offencesreferred to in paragraph (a) or to any functions referred
to in that paragraph, to be construed as references to theAttorney General.
(5) Subsection (4) stands repealed upon the commencement of an
order made under subsection (1) .
(6) In this section—
“Act of 1978” means Fisheries (Amendment) Act 1978;“Director” means Director of Public Prosecutions.
Chapter 5
Sea-Fisheries Protection Authority
40.—The Minister shall by order appoint a day to be the establish-
ment day for the purposes of this Chapter. That order shall be laidbefore each House of the Oireachtas as soon as may be after it ismade.
41.—(1) There shall stand established, on the establishment day, a
body to be known in the Irish language as An t-U ´dara´s um Chosaint
Iascaigh Mhara, or, in the English language, the Sea-Fisheries Pro-tection Authority, in this Act referred to as the “Authority”, to per-form the functions assigned to it by or under this Chapter.
(2) The Authority shall be a body corporate with perpetual suc-
cession and shall have a seal and power to sue and be sued in itscorporate name and to acquire, hold and dispose of land or aninterest in land, and to acquire, hold and dispose of any otherproperty.
(3) The Authority shall have all such powers as are necessary for
or incidental to the performance of its functions under this Chapter.
42.—Subject to this Chapter, the Authority shall be independent
in the exercise of its functions.
43.—(1) The principal functions of the Authority are—
(a) to secure efficient and effective enforcement of sea-fisher-
ies law and food safety law,
(b) to promote compliance with and deter contraventions of
sea-fisheries law and food safety law,
(c) to detect contraventions of sea-fisheries law and food
safety law,
(d) to provide information to the sea-fisheries and seafood
sectors on sea-fisheries law and food safety law and rel-evant matters within the remit of the Authority, throughthe Consultative Committee established under section 48
or by any other means it considers appropriate,
41Pt.2S.39
Establishment day.
Establishment of
Sea-FisheriesProtectionAuthority.
Independence of
Authority.
Functions of
Authority.Pt.2S.43
Transfer of
functions.
42[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(e) to advise the Minister in relation to policy on effective
implementation of sea-fisheries law and food safety law:the Minister shall consider any such advice for the pur-poses of Chapter 2 ,
(f) to provide assistance and information to the Minister in
relation to the remit of the Authority,
(g) to collect and report data in relation to sea-fisheries and
food safety as required by the Minister and under Com-munity law,
(h) to represent or assist in the representation of the State at
national, Community and international fora as requestedby the Minister, and
(i) to engage in any other activities relating to the functions
of the Authority as may be approved of by the Minister.
(2) The Authority, subject to the approval of the Minister given
with the consent of the Minister for Finance, may—
(a) for the purpose of carrying out its functions under subsec-
tion (1) make arrangements with or enter into agree-
ments including Service Level Agreements or contractswith the Minister for Defence or, with the consent of theMinister for Defence, the Naval Service and the AirCorps of the Permanent Defence Forces, in respect ofthose functions for which they were responsible immedi-ately before the establishment day or other functions ofthe Authority as may be appropriate,
(b) enter into agreements or make arrangements with any
other Minister of the Government, or any other person,for that other Minister or person to perform on behalf ofthe Authority (with or without payment) any of itsfunctions,
(c) enter into agreements or make arrangements with any
other Minister of the Government or the Food SafetyAuthority of Ireland for the Authority to perform onbehalf of that Minister or that other Authority (with orwithout payment) such functions as may appropriately beperformed by it in connection with its functions underthis Chapter.
44.—(1) The administration and business in connection with the
performance of any of the functions transferred by subsection (2) are
transferred, on the establishment day, to the Authority.
(2) The functions vested in the Minister or Secretary General by
or under—
(a) sections 28(3) and 33(3) of the Radiological Protection
Act 1991,
(b)sections 16(1) ,17(9), 30 ,31(5) and 38, and
(c) the regulations mentioned in Schedule 3 ,
are, on the establishment day, transferred to the Authority.[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(3) The Minister shall consult the Authority before making regu-
lations under subsection (1), or an order under subsection (2), ofsection 32 of the Radiological Protection Act 1991.
(4) The Authority is an official agency, in lieu of the Minister, in
respect of the enforcement of food safety law, for the purposes ofthe Food Safety Authority of Ireland Act 1998.
(5) Anything commenced before the establishment day by or
under the authority of the Minister may, in so far as it relates tofunctions transferred by this section, be carried on or completed onor after that day by the Authority.
(6) Where, immediately before the establishment day, any legal
proceedings are pending to which the Minister is the plaintiff or theprosecutor and the proceedings have reference to functions trans-ferred by this section to the Authority, the name of the Authorityshall, in so far as the proceedings relate to any functions transferredby this section, be substituted in those proceedings for that of theMinister or added in those proceedings as may be appropriate andthose proceedings shall not abate by reason of such substitution oraddition.
(7) Where, immediately before the establishment day, any legal
proceedings are pending to which the Minister is a defendant and
the proceedings have reference to any functions transferred to theAuthority by this section, the Authority shall not be substituted forthe Minister in those proceedings notwithstanding the transfer offunctions under this Chapter.
(8) Every document (including any certificate or licence) granted
or made in the exercise of a function transferred by this section shall,if and in so far as it was operative immediately before the establish-ment day, have effect on and after that day as if it had been grantedor made by the Authority.
45.—(1) The following are transferred to the Authority on the
establishment day—
(a) all property and rights relating to such property held or
enjoyed immediately before that day by the staff, admini-stration or business transferred to the Authority undersection 44 orsection 52 , as the case may be, or any trustee
or agent acting on their behalf, and
(b) all liabilities incurred before that day by the staff, admini-
stration or business so transferred, or any trustee or agentacting on their behalf, that had not been dischargedbefore that day,
and, accordingly, without any further conveyance, transfer or
assignment—
(i) that property, real and personal, shall, on that day, vest in
the Authority for all the estate, term or interest forwhich, immediately before that day, it was so vested inthe staff, the administration or business so transferred, asthe case may be, but subject to all trusts and equitiesaffecting the property subsisting and capable of beingperformed,
43Pt.2S.44
Transfer of assets
and liabilities ofstaff, etc.,transferred.Pt.2S.45
Policy directions by
Minister toAuthority.
Members of
Authority.
44[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(ii) those rights shall, as on and from that day, be enjoyed by
the Authority, and
(iii) those liabilities shall, as on and from that day, be liabilities
of the Authority.
(2) Every right and liability transferred to the Authority by this
section may, on or after the establishment day, be sued on, recoveredor enforced by or against the Authority in its own name and it shallnot be necessary for the Authority to give notice to the person whoseright or liability is transferred by this section of the transfer.
46.—(1) Subject to subsection (3) , the Minister may give such
general policy directions in writing to the Authority in relation to itsfunctions as he or she considers appropriate.
(2) The Authority shall, subject to the performance of the func-
tions specified in section 43(1) , implement any direction given under
subsection (1) .
(3) Nothing in this section shall be construed as enabling the
Minister to exercise any power or control in relation to individualcases or groups of cases with which the Authority is or may be con-cerned or in relation to the performance in particular circumstancesby the Authority of a function assigned to it by or under this Chapter.
(4) A copy of any direction given by the Minister under subsection
(1), along with a statement of the reasons for giving the direction,
shall be laid before each House of the Oireachtas and published in
theIris Oifigiu ´ilas soon as may be after it is given.
47.—(1) The Authority shall consist of at least one but not more
than 3 members.
(2) ( a) The person who holds, immediately before the establish-
ment day, the position of Seafood Control Manager inthe Department, is deemed to be appointed as a memberof the Authority, with effect on and from the establish-ment day for a period of not less than 5 years, subject tosuch terms and conditions, including remuneration andsuperannuation arrangements, as the Minister with theconsent of the Minister for Finance may fix.
(b) The person referred to in paragraph (a) shall be eligible
to apply for re-appointment as a member.
(c) In the event that the person—
(i) fails to be re-appointed as a member, or
(ii) resigns or is removed from office under subsection
(10) other than for stated misbehaviour,
he will be deemed to be the Seafood Control Manager in
the employment of the Authority, subject to the sameterms and conditions as regards grading, remunerationand superannuation arrangements as applied to himimmediately prior to his appointment as a member of theAuthority under subsection (2)(a) .[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(3) A member of the Authority (other than as provided for in
subsection (2)(a) ) shall be appointed by the Minister.
(4) A member of the Authority shall be appointed to hold office
in a full-time capacity for a period of not less than 3 years and notmore than 7 years on such terms and conditions, including remuner-ation, as the Minister, with the consent of the Minister for Finance,may fix.
(5) Where there is more than one member of the Authority, the
Minister shall appoint one of them to be chairperson of the Auth-ority on such terms and conditions, including remuneration, as theMinister may fix, with the consent of the Minister for Finance, tohold office in a full-time capacity for a period of not less than 3 yearsand not more than 7 years.
(6) The chairperson of the Authority shall have a casting vote in
the case of decisions to be taken by the Authority in the event of atied vote.
(7) Where the chairperson of the Authority is unavailable to per-
form his or her duties, he or she, or if he or she is unable to do so,the Minister, shall appoint a member of the Authority to be an actingchairperson to assume the duties of the chairperson for a definedperiod not exceeding 12 months.
(8) With the exception of the person appointed under subsection
(2)(a) , a person shall not be appointed as a member of the Authority
unless the Public Appointments Service, after holding a competitionon behalf of the Authority, has selected him or her for appointmentas a member.
(9) With the exception of the person appointed under subsection
(2)(a) , a member of the Authority, including the chairperson, whose
term of office expires by effluxion of time shall be eligible for re-appointment to serve a second term, subject to a limit of serving notmore than 14 years on the Authority.
(10) A member of the Authority may—
(a) at any time resign his or her office by letter addressed to
the Minister and the resignation shall take effect from thedate specified therein or upon the date of receipt of theletter, whichever is the later, and
(b) be removed from office by the Minister if, in his or her
opinion, the member has become incapable through ill-health of effectively performing his or her duties or forstated misbehaviour and the Minister shall cause to belaid before each House of the Oireachtas a statement ofthe reasons for such removal.
(11) The Authority may act notwithstanding a vacancy or vacanc-
ies in its membership.
(12) A member of the Authority shall not hold any other office
or employment in respect of which emoluments are payable.
(13) A member of the Authority shall not, for a period of two
years following his or her resignation, removal or retirement fromthe office of member of the Authority, accept any office, consultancy
45Pt.2S.47Pt.2S.47
Consultative
Committee.
46[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
or employment, where he or she could or might use or disclose infor-
mation of a confidential or commercially sensitive nature acquiredby him or her in the exercise of the functions of the Authority.
(14) Notwithstanding subsection (13) , a person who was a member
of the Authority shall not be precluded from holding office orengagement in any employment in the Civil Service or any statutoryregulatory body or from acting as a consultant to the Authority, theMinister or any other Minister of the Government on the basis thatthe period referred to in that subsection has not expired.
48.—(1) The Minister shall, for the purposes of consultations and
liaison with the sea-fisheries and seafood sectors and other relevantinterests on matters relating to the functions of the Authority, estab-lish a body to be known in the Irish language as An Coiste Sainchom-hairleach um Chosaint Iascaigh Mhara or, in the English language,the Sea-Fisheries Protection Consultative Committee (referred to inthis Chapter as the “Consultative Committee”) and appoint themembers of the Consultative Committee.
(2) The Consultative Committee shall have the following
functions—
(a) to inform the Authority of concerns and views of the sea-
fisheries and seafood sectors regarding the functions ofthe Authority,
(b) to seek to keep the sea-fisheries and seafood sectors gen-
erally informed of the applicable sea-fisheries law andfood safety law, as well as of the standards, guidelines,practices and procedures operated by the Authority inrelation to the enforcement of that law,
(c) to advise the Authority on keeping the burden on the sea-
fisheries and seafood sectors generally of compliancewith that law to the minimum possible consistent withthe essential purposes and the effective enforcement ofthat law,
(d) to advise the Authority of its views on the fairness and
consistency of the operations of the Authority,
(e) to seek the delivery of a high standard of service by the
Authority.
(3) The Consultative Committee shall have no function in relation
to detailed operational matters or individual cases or groups of caseswith which the Authority is or may be concerned.
(4) The Minister or the Authority may consult the Consultative
Committee on any matters arising in relation to the functions ofthe Authority.
(5) The Consultative Committee shall consist of not more than 14
members comprising—
(a) representatives of the following sectors:
(i) sea-fishing catching;
(ii) inshore fishing;[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(iii) seafood processing;
(iv) aquaculture;
and
(b) other persons with particular expertise or experience in
relation to marine matters (including marine envir-onment and marine research) of relevance to the func-tions of the Authority.
(6) A member may resign from office by written notice given to
the Minister and the resignation shall take effect on the date speci-fied in the notice or on the date on which the Minister receives thenotice whichever is the later.
(7) The Consultative Committee may act notwithstanding a vac-
ancy or vacancies in its membership.
(8) The Minister may appoint a person to fill a casual vacancy
which arises in the membership of the Consultative Committee dueto the death, resignation or removal of a member and the person soappointed shall be appointed in the same manner as the memberwho occasioned the casual vacancy.
(9) The Minister in appointing members of the Consultative Com-
mittee, shall ensure, in as far as is practicable, an equitable balancebetween men and women in the composition of the ConsultativeCommittee.
(10) The Minister shall appoint the chairperson and deputy chair-
person of the Consultative Committee from among the members ofthe Consultative Committee for such period as is specified in theappointment and may reappoint a chairperson and deputy chair-person for a further specified period or further specified periods. Thechairperson or deputy chairperson ceases to be the chairperson ordeputy chairperson on ceasing to be a member of the ConsultativeCommittee.
(11) The Minister may remove from office a member of the Con-
sultative Committee in the following circumstances—
(a) where, in the opinion of the Minister, the member has
become incapable through ill-health of being a memberof the Consultative Committee,
(b) for stated misbehaviour,
(c) in the case of a person appointed to represent a sector
referred to in paragraph (a) ofsubsection (5) , where the
person is no longer a representative, or
(d) where removal of the member appears to the Minister to
be necessary or desirable for effective performance bythe Consultative Committee of its functions.
(12) The Consultative Committee shall arrange its business as it
sees fit.
(13) Members of the Consultative Committee shall be paid by the
Authority such allowances for expenses as the Minister, with the con-sent of the Minister for Finance, may from time to time determine.
47Pt.2S.48Pt.2S.48
Complaints
procedures.
Staff of Authority.
Sea-fisheries
protection officers.
48[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(14) The Authority shall provide all reasonable facilities and
services as may be required by the Consultative Committee for theperformance of its functions.
49.—(1) The Authority shall appoint one or more persons from
outside the Authority (“Complaints Officer”) to—
(a) duly consider, and
(b) furnish a report to the Authority on,
any complaint duly made under this section by or on behalf of a
member of the public in relation to the enforcement of sea-fisherieslaw or food safety law.
(2) The Authority shall have regard to the report of the Com-
plaints Officer under subsection (1) and shall advise the complainant
and the Complaints Officer of its decision in the matter.
(3) A complaint shall not be considered under this section if—
(a) it relates to any matter the subject of proceedings before
a court or other tribunal,
(b) it is the subject of a complaint to the Ombudsman or an
appeal to the Information Commissioner, or
(c) it is not made to a Complaints Officer within 28 days after
the subject matter of the complaint arose.
50.—(1) The Authority may, with the approval of the Minister
given with the consent of the Minister for Finance, appoint such andso many persons to be members of its staff as it considers necessaryto assist it in the performance of its functions.
(2) The terms and conditions, including terms and conditions as
to remuneration and grading, of persons appointed under subsection
(1)shall be determined by the Minister with the consent of the Mini-
ster for Finance.
(3) The Authority may perform such of its functions as it may
deem proper through or by any member of its staff (including anyperson who is made available to it under section 61(1) ).
51.—(1) The Authority may appoint members of staff of the
Authority to be sea-fisheries protection officers for the purposes ofenforcing sea-fisheries law and food safety law for such period as itsees fit.
(2) The Authority may, in agreement with any body established
by or under statute, authorise persons who are officers of thatbody, to—
(a) perform such functions of a sea-fisheries protection officer
under sea-fisheries and food safety law, or
(b) assist a sea-fisheries protection officer in exercising such
functions,[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
for such period and in such circumstances or area, to such extent and
subject to such conditions as it may specify in the authorisation.
52.—(1) The Minister shall designate officers of the Minister who
are sea-fisheries protection officers immediately before the establish-ment day to be transferred to the Authority on the establishmentday.
(2) The Minister may designate such and so many of his or her
other officers to be transferred to the Authority.
(3) Staff transferred in accordance with subsection (1) or(2)are
deemed to be in the employment of the Authority.
(4) Save in accordance with a collective agreement negotiated
with any recognized trade unions and staff associations concerned,an officer of the Minister transferred to the staff of the Authorityunder subsection (1) or(2)shall not, while he or she is in the service
of the Authority, receive a lesser scale of pay or be made subject toless beneficial terms and conditions of service (including those relat-ing to tenure of office) than the scale of pay to which he or she wasentitled or the terms and conditions of service (including those relat-ing to tenure of office) to which he or she was subject immediatelybefore his or her transfer.
(5) In relation to persons transferred in accordance with subsec-
tion (1) or(2)to the staff of the Authority, previous service in the
Civil Service shall be reckonable for the purposes of, but subject toany exceptions or exclusions in—
(a) the Redundancy Payments Acts 1967 to 2003,
(b) the Minimum Notice and Terms of Employment Acts 1973
to 2005,
(c) the Unfair Dismissals Acts 1977 to 2005,
(d) the Terms of Employment (Information) Acts 1994 and
2001,
(e) the Organisation of Working Time Act 1997,
(f) the Parental Leave Act 1998,
(g) the Carer’s Leave Act 2001,
(h) the Protection of Employees (Part-Time Work) Act
2001, and
(i) the Protection of Employees (Fixed-Term Work) Act
2003.
53.—The Authority may, from time to time, engage such consult-
ants or advisers as it may consider necessary to assist it in the dis-charge of its functions and any fees due to a consultant or adviserengaged under this section shall form part of the expenses of theAuthority.
54.—No action or other proceedings shall lie or be maintainable
(except in the case of wilful neglect or default) against—
49Pt.2S.51
Transfer of staff
from Minister toAuthority.
Consultants and
advisers.
Indemnity.Pt.2S.54
Membership of
House ofOireachtas,EuropeanParliament andlocal authorities.
50[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(a) a member of the Authority or a member of the staff of
the Authority,
(b) a person authorised by the Authority under section
51(2)(a) ,
(c) a person engaged by the Authority under section 53 ,o r
(d) a person made available to the Authority under section 61 ,
arising from a failure to perform or to comply with any of the func-
tions conferred or obligations imposed on the Authority by or underthis Chapter.
55.—(1) Where a member of the Authority—
(a) accepts nomination as a member of Seanad E ´ireann,
(b) is elected as a member of either House of the Oireachtas
or as a representative in the European Parliament,
(c) is regarded pursuant to Part XIII of the Second Schedule
to the European Parliament Elections Act 1997 as havingbeen elected to the European Parliament to fill a vac-ancy, or
(d) becomes a member of a local authority,
he or she shall thereupon cease to be a member of the Authority.
(2) Where a member of the staff of the Authority—
(a) accepts nomination as a member of Seanad E ´ireann,
(b) is elected as a member of either House of the Oireachtas
or as a representative in the European Parliament, or
(c) is regarded pursuant to Part XIII of the Second Schedule
to the European Parliament Elections Act 1997 as havingbeen elected to the European Parliament to fill avacancy,
he or she shall thereupon stand seconded from his or her employ-
ment by the Authority and shall not be paid by, or be entitled toreceive from, the Authority remuneration or allowances in respectof the period commencing on such nomination or election or whenhe or she is so regarded as having been elected, as the case may be,and ending when he or she ceases to be a member of either suchHouse or such Parliament.
(3) A person who is, for the time being, entitled under the Stand-
ing Orders of either House of the Oireachtas to sit therein or who isa member of the European Parliament shall, while he or she is soentitled or is such a member, be disqualified from becoming amember of the Authority or a member of the staff of the Authority.
(4) A person who is a member of a local authority shall be dis-
qualified from becoming a member of the Authority while he or sheis a member of such local authority.
(5) The Authority shall not employ or otherwise retain in any
capacity a person who would otherwise be disqualified under this[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
section from becoming a member of the Authority while that person
would be so disqualified.
(6) Without prejudice to the generality of subsection (2) , that sub-
section shall be construed as prohibiting, among other things, thereckoning of a period mentioned in that subsection as service withthe Authority for the purposes of any superannuation benefits.
56.—The Authority shall, following consultation with the Minister
and the Minister for Finance, draw up a code of conduct in respectof controls on interests and ethical behavior to apply to all membersof the Authority and all members of the staff of the Authority.
57.—(1) Where a member of the Authority, a member of the staff
of the Authority, or a consultant, adviser or other person engagedby the Authority, has a beneficial interest in, or material to, anymatter which falls to be considered by the Authority, he or sheshall—
(a) disclose to the Authority, and in the case of disclosure by
a member of the Authority where there is only onemember, that member shall disclose to the Minister, thenature of his or her interest in advance of any consider-ation of the matter,
(b) neither influence nor seek to influence a decision in
relation to the matter,
(c) take no part in any consideration of the matter, unless
there are compelling reasons requiring him or her to doso,
(d) if he or she is a member of the Authority, withdraw from
a meeting of the Authority for so long as the matter isbeing discussed or considered by the Authority, andunless there are compelling reasons requiring him or herto do so, shall not vote or otherwise act in relation to thematter, and
(e) prepare and furnish in advance to the Authority or Mini-
ster, as appropriate, a statement in writing of the compel-ling reasons aforesaid.
(2) For the purposes of this section, but without prejudice to the
generality of subsection (1) , a person shall be regarded as having a
beneficial interest if—
(a) he or she or any connected relative, or any nominee of
his or her or any connected relative, is a member of anundertaking or any other body which has a beneficialinterest in, or material to, a matter referred to in thatsubsection,
(b) he or she or any connected relative is in partnership with
or is in the employment of a person who has a beneficialinterest in, or material to, such a matter,
(c) he or she or any connected relative is a party to any
arrangement or agreement (whether or not enforceable)concerning land to which such a matter relates, or
51Pt.2S.55
Code of Conduct.
Disclosure of
interests.Pt.2S.57
Disclosure of
confidentialinformation.
52[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(d) any connected relative has a beneficial interest in, or
material to, such a matter.
(3) In subsection (2) , “connected relative” means, in relation to a
person to whom that subsection applies, the person’s spouse or part-ner, parent, brother, sister, child or a child of a spouse or partner.
(4) For the purposes of this section, a person shall not be regarded
as having a beneficial interest in, or material to, any matter, byreason only of an interest of his or her or of any undertaking or ofany other body or person mentioned in subsection (2) which is so
remote or insignificant that it cannot reasonably be regarded as likelyto influence a person in considering, discussing or in voting on, anyquestion with respect to the matter, or in performing any function inrelation to that matter.
(5) Where a question arises as to whether or not a course of con-
duct, if pursued by a person, would be a failure by him or her tocomply with the requirements of subsection (1) , the question shall be
determined by the Authority or, where there is only one member ofthe Authority, in the case of that member, by the Minister.
(6) Particulars of the determination under subsection (5) shall be
recorded by the Authority in the minutes of the meeting concernedor by the Minister by letter addressed to the Authority.
(7) Where a disclosure is made to the Authority or the Minister
pursuant to subsection (1) , particulars of the disclosure shall be
recorded in the minutes of any meeting concerned or by the Ministerby letter addressed to the Authority.
(8) Where a person referred to in this section, other than a
member of the Authority, fails to make a disclosure in accordancewith this section, the Authority shall decide the appropriate action(including removal from office or termination of contract) to betaken.
(9) Where a member of the Authority fails to make a disclosure
in accordance with this section, the Minister shall decide the appro-priate action (including removal from office) to be taken.
58.—(1) Save as otherwise provided by law, a person shall not
disclose confidential information obtained by him or her while per-forming duties as a member of the Authority, member of the staffof the Authority or a consultant, adviser or other person engaged bythe Authority, unless he or she is duly authorised to do so.
(2) In this section, “duly authorised” means authorised by the
Authority or by some person authorised in that behalf by the Auth-ority for the purposes of this section.
(3) A person who contravenes subsection (1) is guilty of an
offence and is liable on summary conviction to a fine not exceeding\5,000 or imprisonment for a term not exceeding 3 months, or to
both.
(4) ( a) In this section, “confidential information” means that
which is expressed by the Authority to be confidentialeither as regards particular information or as regardsinformation of a particular class or description.[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(b) In expressing information to be confidential, the Authority
shall have regard to the requirement to protect infor-mation of a confidential commercial nature.
(5) Nothing in subsection (1) shall prevent the disclosure of infor-
mation in a report made by or on behalf of the Authority to theMinister.
(6) The Third Schedule to the Freedom of Information Act 1997
is amended by the insertion in Part I at the end thereof—
(a) in column (2) of “ Sea-Fisheries and Maritime Jurisdiction
Act 2006 ”, and
(b) in column (3) of “ Section 58 ”.
59.—(1) The Minister shall, with the consent of the Minister for
Finance, make a scheme or schemes for the granting of superannu-ation benefits to or in respect of a member of the Authority ceasingto hold office.
(2) Every scheme made under this section shall fix the time and
conditions of retirement for all persons to or in respect of whomsuperannuation benefits are payable under the scheme and differenttimes and conditions may be fixed in respect of different classes ofpersons.
(3) The Minister may, with the consent of the Minister for Fin-
ance, make a scheme amending or revoking a scheme under thissection, including a scheme under this subsection.
(4) If any dispute arises as to the claim of a member of the Auth-
ority to, or the amount of, any superannuation benefit payable inpursuance of a scheme under this section, such dispute shall be sub-mitted to the Minister who shall refer it to the Minister for Financefor determination by him or her.
(5) A scheme under this section shall be carried out by the Mini-
ster in accordance with its terms.
(6) No superannuation benefit shall be granted by the Minister to
or in respect of any member of the Authority ceasing to hold officeotherwise than in accordance with a scheme under this section or asotherwise may be approved of by the Minister with the consent ofthe Minister for Finance.
(7) A scheme under this section shall be laid before each House
of the Oireachtas by the Minister as soon as may be after it is madeand, if a resolution annulling the scheme is passed by either suchHouse within the next 21 days on which that House has sat after thescheme is laid before it, the scheme shall be annulled accordingly,but without prejudice to the validity of anything previously donethereunder.
60.—(1) The Authority shall prepare and submit to the Minister
a scheme or schemes for the granting of superannuation benefits toor in respect of such members of the staff of the Authority as it maythink fit.
(2) Every scheme made under this section shall fix the time and
conditions of retirement for all persons to or in respect of whom
53Pt.2S.58
Superannuation of
members ofAuthority.
Superannuation of
staff of Authority.Pt.2S.60
Resources made
available byMinister toAuthority.
54[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
superannuation benefits are payable under the scheme and different
times and conditions may be fixed in respect of different classes ofpersons.
(3) Every scheme made under subsection (1) may, with the con-
sent of the Minister for Finance, be amended or revoked by a sub-sequent scheme prepared, submitted and approved under subsec-
tion (1) .
(4) A scheme made under subsection (1) submitted by the Auth-
ority to the Minister shall, if approved by the Minister with the con-sent of the Minister for Finance, be carried out by the Authority inaccordance with its terms.
(5) No superannuation benefits shall be granted by the Authority
nor shall any other arrangements be entered into by the Authorityfor the provision of such a benefit to or in respect of a member ofthe staff of the Authority otherwise than in accordance with ascheme under subsection (1) or otherwise as may be approved of by
the Minister with the consent of the Minister for Finance.
(6) If any dispute arises as to the claim of any person to, or the
amount of, any superannuation benefit payable in pursuance of ascheme or schemes under this section, such dispute shall be submit-ted to the Minister who shall refer it to the Minister for Finance fordetermination by him or her.
(7) A scheme under this section shall be laid before each House
of the Oireachtas by the Authority as soon as may be after it is madeand, if a resolution annulling the scheme is passed by either suchHouse within the next 21 days on which that House has sat after thescheme is laid before it, the scheme shall be annulled accordingly butwithout prejudice to the validity of anything previously donethereunder.
(8) Superannuation benefits granted under schemes under this
section to persons who, immediately before the establishment day,were officers of the Minister and the terms and conditions relatingto those benefits shall not be less favourable to those persons thanthose to which they were entitled immediately before that day.
(9) Where, in the period beginning on the establishment day and
ending immediately before the commencement of a scheme underthis section, a superannuation benefit falls due for payment to or inrespect of a person who was transferred to the staff of the Authorityunder section 52 , the benefit shall be calculated by the Authority
in accordance with such scheme, or such enactments in relation tosuperannuation, as applied to the person immediately before theestablishment day and, for that purpose, his or her pensionableservice with the Authority shall be aggregated with his or her pre-vious pensionable service and shall be paid by the Authority.
61.—(1) The Minister may make available to the Authority, on a
request being made by the Authority, such staff, premises, equip-ment, services and other resources as the Minister may determinefrom time to time in consultation with the Minister for Finance.
(2) The Authority shall, on request from the Minister, pay to the
Minister such sum or sums as the Minister may specify to be theexpenses incurred by the Minister in making available to the Auth-ority such staff, premises, equipment, services and other resourcesunder subsection (1).[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
62.—(1) In each financial year there shall be paid to the Authority
out of moneys provided by the Oireachtas a grant of such amount asthe Minister, with the consent of the Minister for Finance and afterconsultation with the Authority in relation to its likely work prog-ramme and expenditure for the financial year (and after taking intoaccount any other resources including monies available to theAuthority), may sanction towards the expenses of the Authority inthe due performance of its functions.
(2) In determining the grant payable to the Authority under sub-
section (1) , the Minister shall have regard to the obligations of the
State under the common fisheries policy or other international agree-ment in so far as the due performance of the functions of the Auth-ority is concerned.
63.—(1) Subject to subsection (2) , for the purpose of meeting
expenses properly incurred by the Authority in the due performanceof its functions under this Chapter, the Authority, with the consentof the Minister and the Minister for Finance, may make regulationsimposing fees to be paid by such classes of persons as may be speci-fied by the Authority in the regulations.
(2) Regulations under subsection (1) may provide for the
following—
(a) rates of fee payable,
(b) the keeping of records and the making of returns by per-
sons liable to pay fees,
(c) the collection and recovery of fees, and
(d) such other matters as are necessary or incidental to the
procurement of the payment of fees.
(3) Fees shall be payable to the Authority at such time and at
such rates as may be prescribed in regulations made by the Authorityunder subsection (1) and different rates may be prescribed in respect
of different classes of persons liable to pay fees.
(4) Fees payable under the regulations mentioned in Schedule 3
shall, on the establishment day, be payable to the Authority and maybe altered by regulations under this section.
(5) The Minister may, with the consent of the Minister for Fin-
ance, direct the Authority to pay into the Central Fund or the grow-ing produce thereof, such sum as he or she may specify, being a sumthat represents the amount by which the gross income received bythe Authority in each financial year exceeds the gross expenditureincurred in the administration of its office in that year.
(6) The Authority may recover, as a simple contract debt in any
court of competent jurisdiction, from any person by whom it is pay-able any amount due and owing to it under this section (includingfees payable under regulations mentioned in Schedule 3 ).
(7) The Public Offices Fees Act 1879 does not apply to any fees
payable under this section.
64.—The Authority may, for the purpose of the performance of
its functions, borrow money (whether on the security of its assets or
55Pt.2S.61
Grants to
Authority.
Fees.
Borrowings.Pt.2S.64
Accounts and
annual report ofAuthority.
Strategy Statement
of Authority.
56[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
otherwise), including money in a currency other than the currency
of the State, but shall not do so without the consent of the Ministerand the Minister for Finance.
65.—(1) The Authority shall keep in such form and in respect of
such accounting periods as may be approved of by the Minister, withthe consent of the Minister for Finance, all proper and usual accountsof moneys received or expended by it, including an income andexpenditure account and a balance sheet.
(2) Accounts kept in pursuance of this section shall be submitted,
not later than three months after the end of the financial year towhich they relate, by the Authority to the Comptroller and AuditorGeneral for audit and, immediately after the receipt of the Comptrol-ler and Auditor General’s report on the accounts, a copy of theincome and expenditure account, the balance sheet and of such other(if any) accounts kept pursuant to this section as the Minister, afterconsultation with the Minister for Finance, may direct and a copy ofthe Comptroller and Auditor General’s report on the accounts shallbe presented to the Minister who shall cause copies thereof to belaid before each House of the Oireachtas.
(3) As soon as practicable, but not later than 3 months after the
end of each financial year, the Authority shall, in writing, report tothe Minister in relation to the performance of its functions in thatyear and the Minister shall cause copies of the report to be laidbefore each House of the Oireachtas within 3 months of its receiptby him or her.
(4) The report under subsection (3) shall, in particular, indicate—
(a) the extent to which the Strategy Statement of the Auth-
ority was implemented in that year,
(b) the number of complaints made under section 49 in that
year and the decision of the Authority in relation to thecomplaints, and
(c) the results of any review by or on behalf of the Authority
of the cost-effectiveness of its operations.
(5) The Minister may give directions in writing to the Authority
in regard to the format and content of a report under subsection (3) ,
but such directions shall not require the Authority to include in suchreport details which could, in the opinion of the Authority, be preju-dicial to the performance of its functions.
(6) The Authority shall give to the Minister such information
relating to the performance of its functions as the Minister mayrequest provided that such information would not, in the opinion ofthe Authority, be prejudicial to the performance of its functions.
(7) The financial year of the Authority shall be the period of 12
months ending on 31 December in any year and, for the purposes ofthis section and section 62 , the period commencing on the establish-
ment day and ending on the following 31 December shall be deemedto be a financial year.
66.—(1) The Authority shall adopt and submit to the Minister a
statement of strategy within 6 months after the establishment day[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
and at least every 3 years from the submission date of the first
statement.
(2) The statement of strategy shall—
(a) comprise the key objectives, outputs and related strategies,
including use of resources, of the Authority,
(b) be prepared in a form and manner in accordance with any
directions issued from time to time by the Minister, and
(c) have regard to the need to ensure the most beneficial,
effective and efficient use of the resources of theAuthority.
(3) The Authority shall publish a statement of strategy adopted
by it and shall lay a copy before each House of the Oireachtas.
67.—Subject to section 65, the Authority may publish any reports
on matters related to its functions.
68.—(1) The member of the Authority, or where there is more
than one member of the Authority, the chairperson of the Authority,shall, whenever required by the Committee of Da ´il E´ireann estab-
lished under the Standing Orders of Da ´il E´ireann to examine and
report to Da ´il E´ireann on the appropriation accounts and reports of
the Comptroller and Auditor General, attend before and give evi-dence to that Committee on—
(a) the regularity and propriety of the transactions recorded
or required to be recorded in any book or other record ofaccount subject to audit by the Comptroller and AuditorGeneral which the Authority is required by or under stat-ute to prepare,
(b) the economy and efficiency of the Authority in the use of
its resources,
(c) the systems, procedures and practices employed by the
Authority for the purpose of evaluating the effectivenessof its operations, and
(d) any matter affecting the Authority referred to in a special
report of the Comptroller and Auditor General undersection 11(2) of the Comptroller and Auditor General(Amendment) Act 1993, or in any other report of theComptroller and Auditor General (in so far as it relatesto a matter specified in paragraph (a) ,(b)or(c)) that is
laid before Da ´il E´ireann.
(2) From time to time, and whenever so requested, the Authority
shall account for the performance of the functions of the Authorityto a Committee of one or both Houses of the Oireachtas and shallhave regard to any recommendations of such Committee relevant toits functions.
(3) In carrying out its duties under this section, the Authority
shall not—
57Pt.2S.66
Publication of
reports ofAuthority.
Accountability of
Authority toCommittees ofOireachtas.Pt.2S.68
Premises of
Authority.
Seal of Authority.
Authority to keep
itself informed oncertain matters.
Provision of
services byAuthority.
Definitions
(Chapter 5 ).
58[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(a) question or express an opinion on the merits of any policy
of the Government or a Minister of the Government oron the merits of the objectives of such a policy,
(b) provide information that might facilitate the commission
of an offence, prejudice a criminal investigation or jeop-ardise the safety of any person, or
(c) be required to account to a Committee for any matter
which is or has been or may at a future time be the sub-ject of proceedings before a court or tribunal in the State.
69.—The Authority may, for the purposes of providing premises
necessary for the performance of its functions, purchase, lease, equipand maintain offices and other premises with the consent of the Mini-ster and the Minister for Finance.
70.—(1) The Authority shall, as soon as may be after its establish-
ment, provide itself with a seal.
(2) The seal shall be authenticated by the signature of—
(a) a member of the Authority, or
(b) a member of the staff of the Authority, authorised by the
Authority to act in that behalf.
(3) Judicial notice shall be taken of the seal of the Authority and
every document purporting to be an instrument made by and to besealed with the seal of the Authority (purporting to be authenticatedin accordance with this section) shall be received in evidence andbe deemed to be such instrument without proof unless the contraryis shown.
71.—(1) The Authority shall keep itself informed of the policies,
objectives, resolutions and guidelines of any public authority thefunctions of which have, or may have, a bearing on the matters withwhich the Authority is concerned.
(2) In this section, “public authority” means the Minister, the
Council and Commission of the European Communities and anyother public authority inside or outside the State which, in theopinion of the Authority, has functions that have, or may have, abearing on matters with which the Authority is concerned.
72.—The Authority may provide services (including services of
staff) to the Minister or to another person on such terms and con-ditions (including payment for such services) as may be agreed andthe Minister or the other person concerned may avail of suchservices.
73.—In this Chapter—
“food safety law” means—
(a) food legislation (within the meaning of section 2(1) of the
Food Safety Authority of Ireland Act 1998) relating tothe safety and hygiene of fish or fishery products, and[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(b) the legal obligations of the State in relation to fish or fish-
ery products arising under any law of an institution of theEuropean Communities or other international agreementwhich is binding on the State (whether or not such legalobligation is the subject of regulations under the Act of1972 or any other enactment);
“local authority” has the meaning assigned to it by the Local Govern-
ment Act 2001;
“sea-fisheries law” means—
(a) the Sea-Fisheries Acts 2003 and 2006 and instruments
made by the Minister under the Acts, and
(b) the legal obligations of the State in relation to sea-fisheries
arising under any law of an institution of the EuropeanCommunities to give effect to the common fisheriespolicy or other international agreement which is bindingon the State (whether or not such legal obligation is thesubject of regulations under the Act of 1972 or anyother enactment).
Chapter 6
Registration of sea-fishing boats and miscellaneous offences
involving sea-fishing boats
74.—(1) The Register of Fishing Boats continues in existence as
the Register of Fishing Boats (“Register”) for the purposes of thissection and shall continue to be maintained by the Registrar Generalof Fishing Boats in such form as he or she considers appropriate(including in an electronic or other non-documentary form) and shallbe revised or amended as he or she considers necessary from timeto time.
(2) There continues to be a registrar of fishing boats known as
the Registrar General of Fishing Boats (“Registrar General”).
(3) The Registrar General shall be appointed by the Minister who
may remove him or her from office for stated reasons.
(4) The Minister may appoint, and terminate for stated reasons
the appointment of, a Deputy Registrar General of Fishing Boats(“Deputy Registrar General”) to act for or perform the functions ofthe Registrar General during any absence from duty or inability toact of the Registrar General or as the Registrar General may fromtime to time direct. References in this Chapter to the RegistrarGeneral shall be read as including references to the Deputy Regis-trar General.
(5) The persons who immediately before the passing of this Act
hold the position of Registrar General and Deputy Registrar Generalshall be the first Registrar General and Deputy Registrar Generalunder this section.
(6) There continue to be local registrars of sea-fishing boats for
such ports as provided for in the Regulations of 2005 unless other-wise provided for in regulations under section 76 .
59Pt.2S.73
Register of Fishing
Boats.Pt.2S.75
Registration,
lettering andnumbering of sea-fishing boats.
60[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
75.—(1) Subject to subsections (2) and (3), every Irish sea-fishing
boat shall be entered in the Register and shall be lettered and num-bered in accordance with regulations under section 76 and with any
Community law, or other international obligations which are binding
on the State, for the time being in force.
(2) In the interests of the proper management of the capacity of
Irish sea-fishing boats, in accordance with—
(a) the requirements of the Community law, or other inter-
national obligations which are binding on the State, or
(b) any regulations under section 76 ,
the Registrar General may enter a sea-fishing boat in the Register
or remove it from the Register.
(3) ( a) A sea-fishing boat shall not be entered in the Register
unless at the time of the entry there is in relation to theboat a sea-fishing boat licence and which is for the timebeing in force or, if it is not so in force, is to come intoforce on the boat’s being so registered.
(b) A ship which is a sea-fishing boat shall not be registered
under the Act of 1955 unless, at the time of registration,there is in relation to the ship a sea-fishing boat licenceand which is for the time being in force or, if it is not soin force, is to come into force on the ship’s being soregistered.
(4) ( a) A certificate of registration shall be issued in respect of a
boat entered in the Register.
(b) The certificate of registration shall be carried on board the
boat in respect of which it is issued.
(c) A certificate of registration issued in respect of a particular
boat, or a certificate signed by the Registrar General thata boat specified in the certificate is not entered in theRegister, is sufficient evidence that the boat is or is notregistered, as the case may be.
(5) ( a) In any proceedings against the owner or skipper of or any
person belonging to any boat entered in the Register, orfor the recovery of damages for injury or loss caused bysuch boat, the Register shall be evidence (unless the con-trary is shown) that the person entered in the Register atany date as the owner or owners of the boat was or werethe owner or owners of the boat at that date and that theboat is an Irish sea-fishing boat.
(b)Paragraph (a) does not—
(i) prevent any proceedings being instituted against any
person not so entered who is beneficially interestedin the boat,
(ii) affect the rights of the owners among themselves, or
affect the rights of any owner entered in the Registeragainst any person not so entered who is beneficiallyinterested in the boat, or[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(iii) otherwise confer, take away or affect any title to or
interest in any boat.
(6) If an Irish sea-fishing boat is used for sea-fishing and—
(a) is not entered in the Register, but is required to be so
entered,
(b) is entered in the Register, but there is not on board the
boat the certificate of registration issued in respect of thatboat (or a copy of that certificate), or
(c) is not lettered and numbered in accordance with regu-
lations under section 76 and Community law, or other
international obligations which are binding on the State,applicable to the lettering and numbering of that boat,
the master and the owner of the boat each commits an offence and
is liable on summary conviction to a fine not exceeding \5,000.
(7) If a sea-fishing boat required to be entered in the Register is
not so entered, it shall not be entitled to any of the privileges oradvantages of an Irish sea-fishing boat, but all obligations, liabilitiesand penalties with reference to that boat and the punishment ofoffences committed on board the boat, or by any persons belongingto it, and the jurisdiction of sea-fisheries protection officers or otherofficers and courts shall be the same as if the boat were entered inthe Register.
(8) For so long as a ship which but for subsection (3) would be
required to be registered under the Act of 1955 is not so registered,section 18(3) of that Act applies to that ship as if it were requiredby section 18(1) of that Act to be so registered.
76.—The Minister may make regulations for the registration, let-
tering and numbering of sea-fishing boats so as to—
(a) provide for a system of registry, lettering and numbering
of sea-fishing boats and the making of details of regis-tration available to the public,
(b) define the boats or classes of boats to which the regu-
lations or any of them are to apply and the exemption ofany boats or classes of boats from the regulations or anyof them,
(c) provide further for the appointment, functions and
removal of local registrars,
(d) specify procedures for application for registration and for
entry of a sea-fishing boat in the Register,
(e) specify procedures and methods for determining the
dimensions and tonnage of sea-fishing boats,
(f) specify procedures for the removal of a sea-fishing boat
from the Register,
(g) make such provision as is necessary to ensure compliance
with an obligation relating to the registration of sea-fish-ing boats, the marking and numbering of sea-fishingboats, the measurement of sea-fishing boats and the
61Pt.2S.75
Regulations.Pt.2S.76
Fees.
Continuance of
Regulations of2005.
Miscellaneous
offences involvingsea-fishing boats.
Definitions
(Chapter 6 ).
Definitions ( Part 3 ).
62[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
determination of the tonnage and engine power of sea-
fishing boats imposed by or under Community law orother international obligations which are binding on theState,
(h) require (with the consent of the Minister for Finance) the
payment of such fee before an application for registrationor removal of a sea-fishing boat from the Register can beconsidered, or
(i) provide for any other necessary matters relating to the
registration of sea-fishing boats and the removal of sea-fishing boats from the Register.
77.—(1) Every fee received by the Department under section 76
shall be disposed of for the benefit of the Exchequer in such manneras the Minister for Finance directs.
(2) The Public Offices Fees Act 1879 does not apply to a fee
required under section 76 .
78.—The Regulations of 2005, if in operation on the passing of this
Act, continue in force as if made under section 76 .
79.—(1) If a foreign sea-fishing boat is found within the exclusive
fishery limits without having on board official papers evidencing thenationality of the boat, the master of the boat commits an offence.
(2) If any sea-fishing boat within the exclusive fishery limits fails
to observe the provisions, relating to lights to be carried and exhib-ited, of the regulations for the prevention of collisions at sea madeunder section 418 of the Act of 1894, and applicable to the boat, themaster and the owner of the boat each commits an offence.
(3) A person guilty of an offence under this section is liable on
summary conviction to a fine not exceeding \5,000.
80.—In this Chapter—
“certificate of registration” means a certificate signed by the Regis-
trar General stating that the Irish sea-fishing boat to which it relatesis entered in the Register;
“Regulations of 2005” means Merchant Shipping (Registry, Lettering
and Numbering of Fishing Boats) Regulations 2005 (S.I. No. 261 of2005);
“sea-fishing boat licence” means a licence granted under section 4
(inserted by section 97 ) of the Act of 2003.
PART 3
Maritime Jurisdiction (Including Exclusive Economic Zone and
Exclusive Fishery Limits) of the State
81.—In this Part—
“exclusive economic zone” has the meaning given to it by or under
section 87 ;[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
“exclusive fishery limits” has the meaning given to it by section 88 ;
“foreign ship” means a ship which is not an Irish ship (within the
meaning of section 9 of the Act of 1955);
“internal waters” has the meaning given to it by section 86 ;
“island” means a naturally formed area of land surrounded by water
which is above water at high water;
“low-tide elevation” means a naturally formed area of land which
is surrounded by and above water at low water but submerged athigh water;
“nautical mile” means the length of one minute of an arc of a merid-
ian of longitude;
“ship” includes every description of vessel used in navigation
whether on or under the surface of the water, howsoever propelled,and also includes a seaplane while it is in contact with the water;
“territorial seas” has the meaning given to it by section 82 .
82.—The territorial seas of the State is that portion of the sea
which lies between the baseline and the outer limit of the territorialseas.
83.—The outer limit of the territorial seas is the line every point
of which is at a distance of 12 nautical miles from the nearest pointof the baseline.
84.—(1) The contiguous zone of the State is that portion of the
sea not included in the territorial seas of the State which lies betweenthe baseline and the outer limit of the contiguous zone.
(2) The outer limit of the contiguous zone is the line every point
of which is at a distance of 24 nautical miles from the nearest pointof the baseline.
(3) The State may exercise in the contiguous zone such rights and
duties as are provided for in international law.
85.—(1) Save as otherwise provided, the baseline is low-water
mark—
(a) on the coast of the mainland or of any island, or
(b) on any low-tide elevation situated wholly or partly at a
distance not exceeding 12 nautical miles from the main-land or an island.
(2) The Government may by order (which they may by order
revoke or amend) prescribe straight baselines in relation to any partof the State and the closing line of any bay or mouth of a river, andany line so prescribed shall be taken as the baseline.
(3) The Maritime Jurisdiction Act 1959 (Straight Baselines)
Order 1959 (S.I. No. 173 of 1959), if in operation on the passing ofthis Act, continues in force as if made under this section.
63Pt.3S.81
Territorial seas.
Outer limit of
territorial seas.
Contiguous zone.
Baseline.Pt.3S.85
Internal waters.
Exclusive economic
zone of State.
Exclusive fishery
limits of State.
Jurisdiction in case
of offence.
64[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
86.—The internal or inland waters of the State extend to all sea
areas which lie on the landward side of the baseline of the territorialseas and all such sea areas shall be subject to the jurisdiction of theState to the same extent in all respects as its ports and harbours,bays, lakes and rivers, subject to any right of innocent passage forforeign ships in those sea areas which previously had been con-sidered as part of the territorial seas or of the high seas.
87.—(1) The exclusive economic zone of the State is the area
beyond and adjacent to the territorial seas subject to the specificlegal regime established in Part V of the United Nations Conventionon the Law of the Sea (“Convention”), done at Montego Bay on 10December 1982, the text of which, in the English language, is, forconvenience of reference, set out in Schedule 2 .
(2) Subject to subsection (3) , the outer limit of the exclusive econ-
omic zone is the line every point of which lies at a distance of 200nautical miles from the nearest point of the baseline.
(3) Where because of the proximity of a similar maritime zone of
another state the outer limit of the exclusive economic zone specifiedinsubsection (2) cannot be applied, the boundary of the exclusive
economic zone is the equitable equidistant line between the Stateand the other state. The Government may by order (which they mayby order revoke or amend) prescribe the co-ordinates of latitude andlongitude of the appropriate equitable equidistant line or lines.
(4) In the exclusive economic zone the State has—
(a) sovereign rights for the purpose of exploring and
exploiting, conserving and managing the naturalresources, whether living or non-living, of the waterssuperjacent to the seabed and of the seabed and its sub-soil, and with regard to other activities for the economicexploitation and exploration of the zone, such as the pro-duction of energy from the water, currents and winds,
(b) jurisdiction as provided for in the relevant provisions of
the Convention with regard to—
(i) the establishment and use of artificial islands, instal-
lations and structures,
(ii) marine scientific research, and
(iii) the protection and preservation of the marine
environment,
and
(c) other rights and duties provided for in international law.
88.—For the purposes of Part 2 , the exclusive fishery limits of the
State comprise all seas that lie inside the outer limit of the exclusiveeconomic zone.
89.—(1) Every offence committed within the territorial seas or
internal waters is an offence within the jurisdiction of the State andmay be dealt with by a court of competent jurisdiction although com-mitted on board or by means of a foreign ship and a person who[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
commits such offence may be arrested, tried and punished
accordingly.
(2) For the purpose of arresting any person charged with an
offence declared by this section to be within the jurisdiction of theState, the territorial seas and internal waters shall be deemed to bewithin the jurisdiction of any court or judge having power within theState to issue warrants for the arrest of persons charged with offencescommitted within the jurisdiction of such court or judge.
90.—(1) Proceedings (other than the taking of depositions) for
the prosecution of a non-national for an offence alleged to have beencommitted in the territorial seas on board or by means of a foreignship shall not be instituted without the certificate of the Minister forForeign Affairs that the institution of the proceedings is in his or heropinion expedient.
(2) This section does not apply to an offence under—
(a) the Dumping at Sea Acts 1996 to 2006 ,
(b) the Maritime Security Act 2004,
(c) the Sea-Fisheries Acts 2003 and 2006 ,o r
(d) the Sea Pollution Acts 1991 to 1999.
91.—Nothing in this Part shall be read to be in derogation of any
jurisdiction enjoyed by the State under international law or con-
ferred on it by Community law, or to affect or prejudice such juris-diction or any jurisdiction conferred upon it by any other enactmentor now by law existing.
92.—(1) The Government may by order (which they may by order
revoke or amend) prescribe the charts which may be used for thepurpose of establishing low-water mark, or the existence and positionof any low-tide elevation, or any other matter in reference to theinternal waters, the territorial seas, the exclusive economic zone orthe exclusive fishery limits, and any chart purporting to be a copy ofa chart of a kind or description so prescribed shall, unless the con-trary is proved, be received in evidence as being a prescribed chartwithout further proof.
(2) The Maritime Jurisdiction Act 1959 (Charts) Order 1959 (S.I.
No. 174 of 1959), if in operation on the passing of this Act, continuesin force as if made under this section.
93.—(1) References in any enactment to sea areas and waters
within 3 miles, 3 nautical miles, or one league of the coast or shoreand cognate expressions shall be construed as references to sea areasand waters lying within the outer limit of the territorial seas.
(2) For the purposes of any other enactment the territorial seas
shall be taken to comprise the sea area to which section 82 applies.
(3) Section 2 of the Wildlife Act 1976 is amended by substituting
for the definition of “the territorial seas of the State” the following:
65Pt.3S.89
Prosecution of non-
national for offenceon foreign ship.
Saving as to
jurisdiction.
Evidence as to
extent of internalwaters, territorialseas, exclusiveeconomic zone andexclusive fisherylimits.
Adaptation of
enactments.Pt.3S.93
66[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
“ ‘territorial seas of the State’ means the portion of the sea
which is defined by section 82 of the Sea-Fisheries and Maritime
Jurisdiction Act 2006 as the territorial seas of the State;”.
(4) Section 3 of the Sea Pollution Act 1991 is amended by substi-
tuting for subsection (2A) (inserted by section 13 of the Sea Pollution(Amendment) Act 1999) the following:
“(2A) A reference in this Act to the State includes a refer-
ence to—
(a) the inland waters of the State,
(b) the territorial seas of the State, and the seabed and
subsoil beneath those seas, and
(c) the exclusive economic zone of the State (within the
meaning of section 87 of the Sea-Fisheries and Mari-
time Jurisdiction Act 2006 ).”.
(5) Section 117 of the Patents Act 1992 is amended by substituting
“section 86 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 ”
for “section 5 of the Maritime Jurisdiction Act 1959”.
(6) Section 36(4) of the Criminal Justice Act 1994 is amended by
substituting “ Section 90 of the Sea-Fisheries and Maritime Juris-
diction Act 2006 ” for “Section 11 of the Maritime Jurisdiction Act
1959”.
(7) Section 1 of the Sea Pollution (Amendment) Act 1999 is
amended by substituting for subsection (2) the following:
“(2) A reference in this Act to the State includes a refer-
ence to—
(a) the inland waters of the State,
(b) the territorial seas of the State, and the seabed and
subsoil beneath those seas, and
(c) the exclusive economic zone of the State (within the
meaning of section 87 of the Sea-Fisheries and Mari-
time Jurisdiction Act 2006 ).”.
(8) Sections 185 and 290 of the Copyright and Related Rights Act
2000 are each amended, in paragraph ( a)(ii), by substituting “ section
86of the Sea-Fisheries and Maritime Jurisdiction Act 2006 ” for “sec-
tion 5 of the Maritime Jurisdiction Act 1959”.
(9) Section 2 of the Sea Pollution (Hazardous Substances)
(Compensation) Act 2005 is amended by substituting for subsection(2) the following:
“(2) A reference in this Act to the State includes a refer-
ence to—
(a) the inland waters of the State,
(b) the territorial seas of the State, and the seabed and
subsoil beneath those seas, and[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(c) the exclusive economic zone of the State (within the
meaning of section 87 of the Sea-Fisheries and Mari-
time Jurisdiction Act 2006 ).”.
94.—Every order made by the Government under this Part shall
be laid before each House of the Oireachtas as soon as may be afterit is made and (except in the case of an order made under section
92(1) ), if a resolution annulling the order is passed by either House
within the next 21 days on which that House has sat after the orderhas been laid before it, the order shall be annulled accordingly, butwithout prejudice to the validity of anything previously done underit.
PART 4
Amendments to Fisheries Acts 1959 to2003 , Mercantile Marine
Act 1955 , Fishery Harbour Centres Act 1968 , Dumping at Sea
Act 1996 and Maritime Safety Act 2005
Chapter 1
Trial of Offences
95.—Section 309 of the Principal Act is amended by substituting
for subsection (1) (inserted by section 49 of the Fisheries Act 1980)the following:
“(1) Notwithstanding anything contained in any other enact-
ment, an offence under the Fisheries Acts 1959 to 2006 , other
than the Sea-Fisheries Acts 2003 and 2006 , may be heard and
determined in a summary way by a judge of the District Courtupon the complaint, verbal or otherwise, of a member of theGarda Sı ´ocha´na, the Central Board, a regional board, an officer
or employee of a board, a private waterkeeper (within the mean-ing of Part XVIII) or any other person.”.
96.—(1) Proceedings for an offence under the Fisheries Acts 1959
to 2006 may be prosecuted summarily by the Minister.
(2) This section does not apply to the Sea-Fisheries Acts 2003
and 2006 .
Chapter 2
Licensing of sea-fishing boats and miscellaneous amendments to Act
of 2003
97.—(1) The following section is substituted for section 4 of the
Act of 2003:
“4.—(1) This section applies to any Irish sea-fishing boat.
(2) A sea-fishing boat to which this section applies shall not
be used for sea-fishing (whether within the exclusive fisherylimits of the State or otherwise) nor shall a person on boardsuch a boat fish for sea-fish or attempt so to fish, save underand in accordance with a licence (‘sea-fishing boat licence’)
67Pt.3S.93
Laying of orders
before Houses ofOireachtas.
Provisions in
relation to cases inDistrict Court.
Prosecution of
summary offences—Fisheries Acts
1959 to 2006 .
Sea-fishing boat
licences.Pt.4S.97
68[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
granted or renewed for the purposes of this section and in
relation to the boat by the licensing authority.
(3) ( a) The licensing authority may grant sea-fishing boat
licences for such period as is specified in the licence.
(b) An application for a sea-fishing boat licence shall
be—
(i) made to the licensing authority,
(ii) in such form and contain such particulars as the
licensing authority may specify, and
(iii) made by or on behalf of the owner of the boat in
respect of which the application is made.
(c) Where an application is made for a sea-fishing boat
licence, the licensing authority may, subject to sub-section (5), allow or refuse the application.
(d) In deciding on the grant or refusal of a sea-fishing
boat licence or the attachment of terms and con-ditions to licences the licensing authority may takeaccount of economic and social benefits which theoperation of a boat would be likely to contribute tothe coastal communities and regions which thequotas within the meaning of Council RegulationNo. 2371/2002 of 20 December 2002
3are designed to
benefit, including—
(i) the projected annual number of landings at ports
in the State,
(ii) the projected annual tonnage and value of fish
landed in the State,
(iii) the projected annual level of expenditure in the
State on wages, fuel, supplies, equipment andservices, and
(iv) the projected annual level of social security and
tax payments in the State in respect ofemployees and the operation of the boat, andthe protection, conservation and sustainableexploitation of living marine aquatic species andrequirements of the Common Fisheries Policyof the European Communities.
(4) ( a) The licensing authority may renew a sea-fishing boat
licence, without the holder or the licensee making anapplication under subsection 3( b), for such period or
periods as he or she may consider appropriate.
(b) Section 7 of this Act does not apply to the renewal of
a licence under paragraph ( a).
(5) The licensing authority shall not grant a sea-fishing boat
licence unless the sea-fishing boat in relation to which thelicence is granted is wholly owned by a national of a MemberState or a state belonging to the European Economic Area or abody corporate established under and subject to the law of a
3OJ No. L358, 31.12.2002, p.59[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
Member State and having its principal place of business in a
Member State or a state belonging to the European EconomicArea.
(6) Where a sea-fishing boat is owned by a body corporate,
the name, address and nationality of the beneficial owner orowners of the shares in, or of the person or persons who other-wise controls or control, the body corporate, shall be given tothe licensing authority—
(a) on application for a sea-fishing boat licence in respect
of the boat, or
(b) where a sea-fishing boat licence is in force in respect
of the boat, if there is any change in such ownershipor control.
(7) ( a) A body corporate which is applying for a sea-fishing
boat licence or holds a sea-fishing boat licence musthave an agent in the State and give the licensingauthority the name and address of the agent anddetails of contacting the agent at any time by or onbehalf of the licensing authority.
(b) The licensing authority may, as the case may be, ref-
use to grant or suspend (for such period as he or shesees fit) or revoke a sea-fishing boat licence wherehe or she considers that a body corporate is not com-plying with paragraph ( a) to the satisfaction of the
authority.
(8) ( a) The licensing authority may attach to a sea-fishing
boat licence such terms (including terms specifyingan event or other circumstances on the occurrenceof which the licence is to come into force or ceaseto be in force) and conditions (including conditionsprecedent to the licence’s becoming operative) as heor she shall think fit and he or she may also attachfurther terms or conditions to or vary the terms orconditions already attached to such a licence orremove any such terms or conditions.
(b) Without prejudice to the generality of paragraph ( a),
a term or condition attached to a sea-fishing boatlicence may—
(i) restrict sea-fishing by the boat to which the
licence relates in a manner specified in the termor condition,
(ii) require that for so long as the licence is in force
the members of the crew of such boat, or of anyproportion of such members specified in thecondition, shall be of a nationality specified inthe term or condition, or
(iii) specify an event or other circumstance on the
occurrence of which the licence shall cease to bein force.
(c) Where the licensing authority is satisfied that a person
has fished in contravention of a term or conditionattached to a sea-fishing boat licence or that a person
69Pt.4S.97Pt.4S.97
70[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
has attempted so to fish, the licensing authority may,
if he or she thinks fit, revoke or suspend (for suchperiod as he or she sees fit) the licence.
(9) ( a) It is a condition of a sea-fishing boat licence that the
licensee shall ensure that the licensed boat complieswith requirements specified by or under the Mer-chant Shipping Acts 1894 to 2005.
(b) Where by or under the Merchant Shipping Acts 1894
to 2005 a survey is required to be carried out of asea-fishing boat for the purpose of establishingwhether or not such boat complies with the require-ments specified by or under those Acts, the licensingauthority shall not grant or renew a sea-fishing boatlicence in respect of the boat unless the licensingauthority is satisfied that the boat complies withsuch requirements.
(c) Where a code of practice published by the Minister
for Transport relating to the safety and sea-worthi-ness of sea-fishing boats of a class to which para-graph ( b) does not apply requires a survey to be
carried out of a sea-fishing boat of such class for thepurpose of establishing whether or not such boatcomplies with the requirements specified in the codeof practice, the licensing authority shall not grant orrenew a sea-fishing boat licence in respect of theboat unless a declaration of compliance with thecode of practice has been provided to the licensingauthority.
(10) ( a) The holder of a sea-fishing boat licence suspended or
revoked under subsection (7)( b) or (8)( c) shall, as
soon as practicable, surrender the licence to thelicensing authority.
(b) A person who fails to comply with paragraph ( a)o f
this subsection commits an offence and is liable onsummary conviction to a fine not exceeding \500.
(c) Where a licence has been suspended under subsection
(7)(b) or (8)( c) the District Court may, upon appli-
cation to it, direct the licensing authority to re-issueand return the licence or it may reduce the periodof suspension.
(11) Without prejudice to the generality of subsection (3)( c)
where the licensing authority receives an application for a sea-fishing boat licence and—
(a) the application relates to a sea-fishing boat which is
owned by a body corporate and the licensing auth-ority is not satisfied that the body corporate is underthe control of, beneficially owned by or under thecontrol of and beneficially owned by a person or per-sons who, or, as may be appropriate, each of whom,is either a qualified individual or a qualified body, or
(b) the licensing authority is satisfied that the applicant
has previously used or attempted to use a sea-fishing
boat for sea-fishing in contravention of, or that the[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
applicant has fished for sea-fish or has attempted so
to fish contrary to, subsection (2),
he or she may refuse the application.
(12) ( a) Where the holder of a sea-fishing boat licence—
(i) ceases to be the owner of the sea-fishing boat to
which the licence relates, or
(ii) is a body corporate which ceases to be under the
control of or beneficially owned by or under thecontrol of and beneficially owned by a personor persons who, or, as may be appropriate, eachof whom, is either a qualified individual or aqualified body,
the licence ceases to have effect and the holder of
the licence shall, as soon as practicable, deliver thelicence to the licensing authority.
(b) A person who fails to comply with paragraph ( a) com-
mits an offence and is liable on summary convictionto a fine not exceeding \500.
(13) ( a) A person who uses or attempts to use a sea-fishing
boat in contravention of subsection (2) commits anoffence.
(b) A person who, while on board a sea-fishing boat,
fishes for sea-fish or attempts to so fish in contra-vention of subsection (2) commits an offence.
(14) In this section—
‘Irish sea-fishing boat’ means a sea-fishing boat which is—
(a) entered in the Register of Fishing Boats maintained
under section 74 of the Sea-Fisheries and Maritime
Jurisdiction Act 2006 ,
(b) required by regulations under section 76 of that Act
to be so entered, or
(c) exempt from such registration by regulations under
that section;
‘qualified body’ means a body corporate in which all of the
shares are beneficially owned, or the body is otherwise con-trolled, by one or more individuals who, or, as may be appro-priate, each of whom is, a qualified individual;
‘qualified individual’ means an individual person who is a
national of a Member State or a state belonging to the EuropeanEconomic Area;
‘licensing authority’ has the meaning assigned to it by section 3;‘Member State’ means a Member State of the European Com-
munities.’’.
(2) A sea-fishing boat licence granted or renewed under section
222B of the Principal Act which is in force immediately before the
71Pt.4S.97Pt.4S.97
Tax clearance
certificationrequirement forapplicants for sea-fishing boatlicences.
Miscellaneous
amendments to Actof 2003.
72[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
passing of this Act continues in force as if made or renewed under
the corresponding provision of section 4 (inserted by this section) ofthe Act of 2003.
98.—(1) The following section is inserted after section 5 of the
Act of 2003:
“5A.—(1) A sea-fishing boat licence shall not be granted by
the licensing authority unless the applicant produces to thelicensing authority a tax clearance certificate.
(2) In this section ‘tax clearance certificate’ means a tax clear-
ance certificate issued under section 1095 (inserted by section127 of the Finance Act 2002) of the Taxes Consolidation Act1997.”.
(2) This section comes into operation on such day as the Minister
may appoint by order. That order shall be laid before each House ofthe Oireachtas as soon as may be after it is made.
99.—The Act of 2003 is amended—
(a) in section 2(1) by substituting “section 4(3)” for “section
222B(3) of the Principal Act”,
(b) in section 3—
(i) by substituting for subsection (3) the following:
“(3) A policy directive given under subsection 2( b)
may provide for measures to control and regulate thecapacity, structure, equipment, use and operation ofsea-fishing boats for the purpose of protecting, con-serving or allowing the sustainable exploitation of liv-ing marine aquatic species or the rational manage-ment of fisheries, in furtherance of national policyobjectives and to comply with requirements of thecommon fisheries policy of the European Communi-ties or other international obligations which are bind-
ing on the State.”,
(ii) in subsection (6), by substituting “section 4” for “sec-
tion 222B of the Principal Act”,
(iii) in subsection (9)( a), by substituting “section 4(3)” for
“section 222B(3) of the Principal Act”,
(iv) in subsection (9)( b), by substituting “section 4(3)” for
“section 222B(3) (inserted by section 4)”,
(v) by inserting after subsection (9) the following:
“(9A) The licensing authority is not liable in any
proceedings for anything done in good faith in thepurported exercise of his or her powers in relationto granting or renewing sea-fishing boat licences ormaintaining the Register of Fishing Boats.”,
and[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(vi) in section 3(10), by substituting “ section 74 of the Sea-
Fisheries and Maritime Jurisdiction Act 2006 ” for
“Regulation 5 of the Merchant Shipping (Registry,Lettering and Numbering of Fishing Boats) Regu-lations 1997 (S.I. No. 294 of 1997)”,
(c) in section 5—
(i) by substituting for paragraph ( b) of subsection (1)
the following:
“(b) an authorisation under section 13 or a
licence, authorisation or permit under anyregulation made under section 14 or15of
the Sea-Fisheries and Maritime Juris-
diction Act 2006 or section 25 of the 2003
Act,”,
(ii) by substituting for paragraph ( b) of subsection (2)
the following:
“(b) an authorisation under section 13 or a
licence, authorisation or permit under anyregulation made under section 14 or15of
the Sea-Fisheries and Maritime Juris-
diction Act 2006 or section 25 of the 2003
Act,”,
(iii) in subsection (4), by substituting “licensing authority,
the Minister or an appeals officer” for “licensingauthority or the Minister”, and
(iv) by inserting after subsection (6) the following:
“(7) The Public Offices Fees Act 1879 does not
apply to a fee prescribed under this section.”,
(d) in section 6, by substituting for subsection (4) the
following:
“(4) A policy directive given under subsection 3( b) may
provide for measures to control and regulate the capacity,structure, equipment, use and operation of sea-fishingboats for the purpose of protecting, conserving or allowingthe sustainable exploitation of living marine aquatic spec-ies or the rational management of fisheries, in furtheranceof national policy objectives and to comply with require-ments of the common fisheries policy of the EuropeanCommunities or other international obligations which arebinding to the State.”,
(e) in section 7(1), by substituting for paragraph ( b) the
following:
“(b) A person other than the applicant for or holder
of the licence concerned may only appealunder paragraph ( a) if he or she made rep-
resentations in writing to the licensing auth-ority before the expiration of a period of onemonth beginning on the date on which theapplication for the licence concerned was pub-lished by the licensing authority in accordancewith section 3(8).”,
73Pt.4S.99Pt.4S.99
Amendment of Act
of 1955.
74[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(f) in section 9(2)( a), by substituting “section 4” for “section
222B of the Principal Act”,
(g) in section 25, by substituting for subsection (3) the
following:
“(3) A person who fishes or attempts to fish in contra-
vention of any conservation regulation commits anoffence.”,
(h) in section 27, by substituting for subsection (5) the
following:
“(5) A person who fails to comply with subsection
(3)(a) commits an offence.”,
(i) in section 29(1), by substituting “under a section specified
in a Table to section 28 of the Sea-Fisheries and Maritime
Jurisdiction Act 2006 ” for “under section 221, 222, 222A,
222B, 222C, 223, 223A, 224B, 226 or 227 of the PrincipalAct, a conservation regulation or section 27(5)”,
(j) in section 32, by inserting after subsection (6) the
following:
“(6A) The Public Offices Fees Act 1879 does not apply
to a fee prescribed under this section.”,
and
(k) in paragraph 7(d) of Schedule 1, by substituting “section
4” for “section 222B of the Principal Act”.
Chapter 3
Mercantile Marine
100.—The Act of 1955 is amended—
(a) by inserting after section 16 the following:
“Persons
qualified toown registeredsea-fishingships.16A.—(1) Section 16 of this Act does
not apply to sea-fishing ships.
(2) Subject to section 19 of this Act
respecting reciprocating states, the follow-ing shall alone be qualified to own a regis-tered sea-fishing ship or a share in it—
(a) the Government,
(b) a Minister of the Government,
(c) a national of a Member State, or
(d) a body corporate established
under and subject to the law ofa Member State and having itsprincipal place of business in aMember State.[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(3) Every ship to which the provisions of
subsection (2) apply shall be registeredunder this Act unless the ship is exemptunder section 18(2) of this Act from theobligation to so register.
(4) In this section, ‘Member State’
means a Member State of the EuropeanCommunities.”,
(b) in section 18(2), by inserting after paragraph ( d) the
following:
“(e) a sea-fishing boat of less than 15 metres in
length overall and required to be registered inthe Register of Fishing Boats maintained undersection 74 of the Sea-Fisheries and Maritime
Jurisdiction Act 2006 or exempt from such
registration by regulations under section 76 of
that Act.”,
and
(c) in section 19—
(i) by inserting after subsection (2) the following:
“(2A) Notwithstanding subsection (2) of this
section, the Government may by order provide thatthe citizens, subjects or nationals of a state declaredunder subsection (1) of this section to be a reciprocat-ing state or bodies corporate established under andsubject to the laws of that state shall—
(a) be qualified to own only a registered ship
(or a share in it) which is of a particularclass or description specified in the order,or
(b) not be qualified to own a registered ship (or
a share in it) which is of a class or descrip-tion so specified,
and subsection (2) of this section is to be construed
and have effect subject to the terms of the order.”,
and
(ii) subsection (3), by deleting “subsection (1) of”.
Chapter 4
Aquaculture
101.—The Fisheries (Amendment) Act 1997 is amended—
(a) in section 6(2), by substituting—
(i) “ \300” for “£200”, and
(ii) “ \2,000” for “£1,000”,
75Pt.4S.100
Miscellaneous
amendments toFisheries(Amendment) Act1997— aquaculture.Pt.4S.101
76[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(b) in section 10, by substituting for subsection (4) (inserted
by Regulation 17 of the European Communities(Environmental Impact Assessment) (Amendment)Regulations 1999 (S.I. No. 93 of 1999)) the following:
“(4) Where the submission to the Minister of an
environmental impact statement is required under regu-lations made under subsection (3)( d) in respect of an
application for a licence, the Minister, if requested by theapplicant, shall, after consultation with such persons as theMinister considers appropriate, give a written opinion tothe applicant of the information to be contained in thestatement, before the applicant submits the statement.”,
(c) by inserting after section 19 the following:
“Renewal of
licence after itsexpiration.19A.—(1) The power of the licensing
authority to renew or to further renew anaquaculture licence under section 19 isexercisable notwithstanding the expirationof the period for which the licence wasgranted or renewed.
(2) Where, prior to the passing of the
Sea-Fisheries and Maritime Jurisdiction Act2006 , an aquaculture licence has been
renewed or further renewed after the expir-ation of the period for which the licencewas granted or renewed, such renewal shallbe and be deemed always to have been asvalid and effectual as if the licence hadbeen renewed or further renewed on theexpiration of the period in question.
(3) If, because of the validation
expressed to be effected by subsection (2),that subsection would, but for this subsec-tion, conflict with a constitutional right ofany person, the validation shall be subjectto such limitation as is necessary to securethat it does not so conflict but shall beotherwise of full force and effect.
(4) A licensee who has applied for the
renewal or further renewal of an aquacul-ture licence shall, notwithstanding theexpiration of the period for which thelicence was granted or renewed but subjectotherwise to the terms and conditions ofthe licence, be entitled to continue theaquaculture or operations in relation toaquaculture authorised by the licence pend-ing the decision on the said application.”,
(d) in section 34, by substituting for subsection (6) the
following:
“(6) Where the Minister is satisfied that a member of
the Board has failed to comply with subsection (1), theMinister may, if he or she thinks fit, remove that memberfrom office or take such other action as he or she considersappropriate and, in case a person is removed from office[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
pursuant to this subsection, he or she shall thereafter be
disqualified from membership of the Board.
(7) Where the Board is satisfied that a person who is
not a member of the Board has failed to comply with sub-section (1), the Board shall decide the appropriate action(including removal from office or termination of contract)to be taken.
(8) For the purposes of this section a person shall not
be regarded as having an interest in any matter by reasononly of an interest of that person, or of any company inwhich he or she has an interest, which is so remote orinsignificant that it cannot reasonably be regarded as likelyto influence a person in considering, discussing or in votingon, any question relating to the matter, or in performingany function in relation to that matter.”,
(e) in section 57(6), by substituting “ \600” for “£500”,
(f) in section 65—
(i) by substituting for subsection (2) the following:
“(2) A person guilty of an offence under subsec-
tion (1), section 6(1), 20 or 67(2) is liable—
(a) on summary conviction, to a fine not
exceeding \5,000, or
(b) on conviction on indictment, to a fine not
exceeding \250,000.
(2A) A person guilty of an offence (other than an
offence under a provision mentioned in subsection (2)or under section 6(2) or 57(6)) is liable on summaryconviction to a fine not exceeding \2,000.”,
and
(ii) by inserting after subsection (3) the following:
“(4) Notwithstanding section 10(4) of the Petty
Sessions (Ireland) Act 1851, summary proceedings foran offence under subsection (1) or section 6(1) maybe instituted within 12 months from the date on whichthe offence was committed.”,
(g) by inserting after section 65 the following:
“Offence by
bodycorporate, etc.65A.—Where an offence under this Act
is committed by a body corporate or by aperson purporting to act on behalf of abody corporate or on behalf of an unincor-porated body of persons and it is proved tohave been so committed with the consentor connivance of or to be attributable toany neglect on the part of any other personwho, when the offence was committed, was,or purported to act as, a director, manager,secretary or other officer (including amember of such body) such other person as
77Pt.4S.101Pt.4S.101
78[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
well as the body, or the person so pur-
porting to act on behalf of the body, isguilty of an offence and is liable to be pro-ceeded against and punished as if he or shewere guilty of the first-mentioned offence.
Prosecutor
may appealdismissal ofproceedings inDistrict Court.65B.—(1) Where any proceedings tried
summarily in the District Court for anoffence under this Act are dismissed,whether on the merits or without prejudice,the prosecutor may appeal against theorder of dismissal to the judge of the Cir-cuit Court within whose Circuit the court-house in which the order was made issituated.
(2) The judge of the Circuit Court on an
appeal under subsection (1) may vary, con-firm or reverse the order and his or herdecision is final and conclusive and notappealable.”,
(h) by inserting after section 67 the following:
“Reduction in
licensed area,etc.67A.—The Minister may, on the appli-
cation of a licensee and subject to such con-ditions (if any) as the Minister may con-sider appropriate in the circumstances andspecifies in writing, reduce the area or per-mitted aquaculture or both to which thelicensee’s licence relates, absolutely or forsuch period as the Minister specifies in writ-ing and the licence shall have effect and benoted accordingly in the register of licencesmaintained under section 78.
Permission of
use of novel orexperimentalequipment bylicensee.67B.—The Minister may, on the appli-
cation of a licensee and subject to such con-ditions (if any) as the Minister may con-sider appropriate in the circumstances andspecifies in writing, permit the licensee touse novel or experimental equipmentwithin the licensed area for such period asthe Minister specifies in writing. Such per-mission shall be granted only if the Ministeris satisfied that the use of the novel orexperimental equipment will have nogreater environmental or visual impact thanthat which existed prior to the introductionand use of such equipment and shall benoted in the register of licences maintainedunder section 78.”,
(i) in section 68(1) and (2), by deleting “and section 69(2)”,
and
(j) by substituting for section 69 the following:
“Cesser of
aquaculturelicences incertaincircumstances.69.—(1) ( a) Subject to paragraph ( b),
where aquaculture in respect ofwhich a licence has beengranted has not commencedwithin 2 years after the date on[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
which the licence was granted,
the licence ceases to have effect.
(b) A licensee, who considers that
there are exceptional reasonswhy aquaculture, in respect ofwhich a licence has beengranted to the licensee, has notbeen commenced or cannotcommence within the periodspecified in paragraph ( a), may
apply to the Minister, givingthose reasons, for a determi-nation that the licence con-cerned shall not cease to haveeffect.
(c) The Minister may, at his or her
discretion, having consideredthe reasons given by thelicensee under paragraph ( b),
determine whether or not thelicence shall cease to haveeffect. The determination of theMinister is final.
(2) ( a) Subject to paragraph ( b), where
aquaculture in respect of whicha licence has been granted hasceased for a continuous periodof 2 years, the Minister shall,without compensation to thelicensee, revoke the licence.
(b) A licensee, who considers that
there are exceptional reasonswhy aquaculture, in respect ofwhich a licence has beengranted to the licensee, hasceased or is likely to cease forthe period referred to in para-graph ( a), may apply to the
Minister, giving those reasons,for a determination not torevoke the licence.
(c) The Minister may, in his or her
discretion, having consideredthe reasons given by thelicensee under paragraph ( b),
determine whether or not torevoke the licence. The deter-mination of the Minister is final.
(d) This subsection is deemed to
have come into operation on 30June 1998.”.
79Pt.4S.101Pt.4S.101
Amendment of
section 4 of FisheryHarbour CentresAct 1968.
Amendment of
Dumping at SeaAct 1996.
80[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
Chapter 5
Fishery Harbour Centres
102.—Section 4 of the Fishery Harbour Centres Act 1968 is
amended by—
(a) inserting the following subsection after subsection (2):
“(2A) ( a) Any ship or boat in respect of which any rate,
toll or other charge payable pursuant to anorder under subsection (2)( b) is in arrears may
not be disposed of without the consent of theMinister.
(b) A reference in this subsection and in subsection
(2) to a ship or boat includes the capacity ofit.”,
and
(b) deleting subsection (8).
Chapter 6
Dumping at Sea
103.—The Dumping at Sea Act 1996 is amended—
(a) in section 1—
(i) by inserting the following definitions:
“ ‘exclusive economic zone of the State’ and ‘inland
waters and territorial seas of the State’ have themeanings assigned by Part 3 of the Sea-Fisheries and
Maritime Jurisdiction Act 2006;”,
(ii) by substituting for the definition of “the maritime
area” the following:
“ ‘the maritime area’ comprises—
(I) the inland waters and territorial seas of the
State, and the seabed and subsoilbeneath them,
(II) any area for the time being standing desig-
nated by order under section 2 of the Con-tinental Shelf Act 1968 for the purposes ofthat Act, and the waters above it, and
(III) the exclusive economic zone of the State;”,
and
(iii) by deleting the definition of “territorial seas of the
State”,
(b) in section 6(1), by substituting for paragraph ( f) the
following:[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
“(f) Every member of the Permanent Defence
Forces (not below the rank of leading seamanor corporal) for the time being serving onboard any ship, vessel or aircraft belonging toor employed in the service of the State shall bean authorised officer for the purposes of thisAct.”,
(c) in section 10(2)( b), by inserting after “Attorney General”
the following:
“or the Director of Public Prosecutions, from
the day appointed by an order made undersection 12 (inserted by section 103 of the Sea-
Fisheries and Maritime Jurisdiction Act 2006 )
of this Act,”,
and
(d) by inserting the following section after section 11:
“Prosecution
of offences byDPP.12.—(1) The Government, on the
request of the Attorney General, may byorder appoint a day from which the Direc-tor of Public Prosecutions, subject to sub-section (2), is the prosecutor, in lieu of theAttorney General, of offences under thisAct. That order shall be laid before eachHouse of the Oireachtas as soon as may beafter it is made.
(2) Any proceedings which have been
instituted in the name of the AttorneyGeneral before the commencement of anorder under subsection (1) are still pendingand have not been determined before thatcommencement continue in the name of theAttorney General after that com-mencement.
(3) Section 11 of this Act stands
repealed upon the commencement of anorder made under subsection (1).”.
Chapter 7
Maritime Safety
104.—The Maritime Safety Act 2005 is amended—
(a) in section 2(1), by substituting “ Part 3 of the Sea-Fisheries
and Maritime Jurisdiction Act 2006 ” for “the Maritime
Jurisdiction Act 1959 (as amended by the Maritime Juris-diction (Amendment) Act 1988)”,
(b) in section 17(1), by substituting “Part” for “Act”,
(c) in section 36(1)( a), by substituting “any of the matters
referred to in section 35(1)” for “the safe operation, orany of the matters referred to in subsection (1)”,
(d) in section 38—
81Pt.4S.103
Amendment of
Maritime SafetyAct 2005.Pt.4S.104
Section 4 .
82[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(i) in subsection (1), by substituting the following para-
graphs for paragraph ( c):
“(c) securing safe navigable routes,
(cc) securing that search and rescue and search
and recovery operations can be conductedsafely, or”,
and
(ii) in subsection (3), by substituting the following para-
graph for paragraph ( d):
“(d) the temporary prevention of or restriction
on the navigation of vessels within a speci-fied area or specified areas, or the estab-lishment and maintenance of a temporaryexclusion zone around a vessel, structureor other thing that is sunk, wrecked,damaged or in distress, for the purposesof allowing any directions or actions underthis section to be carried out safely, and”,
and
(e) in section 46(2), by substituting “sections 23, 24, 37 and
38” for “sections 23 and 24”.
SCHEDULE 1
Enactments Repealed
Session and Chapter Short Title or Subject Extent of Repeal
or Number and Year
(1) (2) (3)
33 Hen. 6, c.9 Ships guarding sea The whole Act
between Ireland and
England to have
certain tolls (1455)
38 Hen. 6, c.14 Payments by fishermen The whole Act
and for boats protected
at sea (1460)
10 Edw. 4, c.10 Protection for herring The whole Act
fishery at Dublin
(1470)
8 & 9 Hen. 8 [c.9] Foreigners fishing off The whole Act
coast to land one-third
of catch in Ireland
(1516)
8 & 9 Vic. 1845, Fisheries (Ireland) Act Sections 7 and 8
c.108 1845
9 Vic. 1846, c.3 Fisheries (Ireland) Act The whole Act
1846
57 & 58 Vic., c.60 Merchant Shipping Act Sections 371 to 374
1894
9 Edw. 7, 1909, c.8 Trawling in Prohibited The whole Act
Areas Prevention Act
1909
No. 33 of 1931 Fisheries (Revision of The whole Act
Loans) Act 1931[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
Session and Chapter Short Title or Subject Extent of Repeal
or Number and Year
(1) (2) (3)
No. 21 of 1951 Freshwater Fisheries The whole Act
(Prohibition of
Netting) Act 1951
No. 25 of 1951 Fishing Licences The whole Act
(Moville District) Act
1951
No. 14 of 1959 Fisheries Part XIII, sections 309(2) and
(Consolidation) Act 314(4)
1959
No. 22 of 1959 Maritime Jurisdiction The whole Act
Act 1959
No. 31 of 1962 Fisheries Sections 19 to 23, 32(3), (4)
(Amendment) Act and (5) and 34 and in the
1962 Table to section 32 at Ref. No.
1 “237, 238, 239, 240, 241, 242,
243,” and at Ref. No. 10 “233,
236,”
No. 32 of 1964 Maritime Jurisdiction The whole Act
(Amendment) Act
1964
No. 25 of 1974 Fisheries The whole Act
(Amendment) Act
1974
No. 18 of 1978 Fisheries The whole Act
(Amendment) Act
1978
No. 1 of 1980 Fisheries Act 1980 Sections 48, 49, 72, 73 and 75
and in the Table to section 50
at Ref. No. 2 “240, 241, 242,
243,” and at Ref. No. 3 “237,
238, 239,”
No. 27 of 1983 Fisheries The whole Act
(Amendment) Act
1983
No. 9 of 1988 Maritime Jurisdiction The whole Act
(Amendment) Act
1988
No. 23 of 1994 Fisheries Sections 1(4) and (5), 3 to 14
(Amendment) Act and 16
1994
No. 21 of 2003 Fisheries Sections 26(1) and (9), 28 and
(Amendment) Act 30
2003
No. 11 of 2005 Maritime Safety Act Section 53
2005
SCHEDULE 2
United Nations Convention on the Law of the Sea 1982
Part V - Exclusive Economic Zone
Article 55
Specific Legal Regime of the Exclusive Economic Zone
The exclusive economic zone is an area beyond and adjacent to the
territorial sea, subject to the specific legal regime established in this
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Section 87.Sch. 2
84[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
Part, under which the rights and jurisdiction of the coastal State and
the rights and freedoms of other States are governed by the relevantprovisions of this Convention.
Article 56
Rights, Jurisdiction and Duties of the Coastal State in the Exclusive
Economic Zone
1. In the exclusive economic zone, the coastal State has:
(a) sovereign rights for the purpose of exploring and
exploiting, conserving and managing the naturalresources, whether living or non-living, of the waterssuperjacent to the seabed and of the seabed and its sub-soil, and with regard to other activities for the economicexploitation and exploration of the zone, such as the pro-duction of energy from the water, currents and winds;
(b) jurisdiction as provided for in the relevant provisions of
this Convention with regard to:
(i) the establishment and use of artificial islands, instal-
lations and structures;
(ii) marine scientific research;
(iii) the protection and preservation of the marine
environment;
(c) other rights and duties provided for in this Convention.
2. In exercising its rights and performing its duties under this Con-
vention in the exclusive economic zone, the coastal State shall havedue regard to the rights and duties of other States and shall act in amanner compatible with the provisions of this Convention.
3. The rights set out in this article with respect to the seabed and
subsoil shall be exercised in accordance with Part VI.
Article 57
Breadth of the Exclusive Economic Zone
The exclusive economic zone shall not extend beyond 200 nautical
miles from the baselines from which the breadth of the territorial seais measured.
Article 58
Rights and duties of other States in the Exclusive Economic Zone
1. In the exclusive economic zone, all States, whether coastal or
land-locked, enjoy, subject to the relevant provisions of this Conven-tion, the freedoms referred to in article 87 of navigation and over-flight and of the laying of submarine cables and pipelines, and otherinternationally lawful uses of the sea related to these freedoms, suchas those associated with the operation of ships, aircraft and submar-ine cables and pipelines, and compatible with the other provisions ofthis Convention.[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
2. Articles 88 to 115 and other pertinent rules of international
law apply to the exclusive economic zone in so far as they are notincompatible with this Part.
3. In exercising their rights and performing their duties under this
Convention in the exclusive economic zone, States shall have dueregard to the rights and duties of the coastal State and shall complywith the laws and regulations adopted by the coastal State in accord-ance with the provisions of this Convention and other rules of inter-national law in so far as they are not incompatible with this Part.
Article 59
Basis for the resolution of conflicts regarding the attribution of rights
and jurisdiction in the Exclusive Economic Zone
In cases where this Convention does not attribute rights or juris-
diction to the coastal State or to other States within the exclusiveeconomic zone, and a conflict arises between the interests of thecoastal State and any other State or States, the conflict should beresolved on the basis of equity and in the light of all the relevantcircumstances, taking into account the respective importance of theinterests involved to the parties as well as to the international com-munity as a whole.
Article 60
Artificial Islands, Installations and Structures in the Exclusive
Economic Zone
1. In the exclusive economic zone, the coastal State shall have
the exclusive right to construct and to authorize and regulate theconstruction, operation and use of:
(a) artificial islands;
(b) installations and structures for the purposes provided for
in article 56 and other economic purposes;
(c) installations and structures which may interfere with the
exercise of the rights of the coastal State in the zone.
2. The coastal State shall have exclusive jurisdiction over such
artificial islands, installations and structures, including jurisdictionwith regard to customs, fiscal, health, safety and immigration lawsand regulations.
3. Due notice must be given of the construction of such artificial
islands, installations or structures, and permanent means for givingwarning of their presence must be maintained. Any installations orstructures which are abandoned or disused shall be removed toensure safety of navigation, taking into account any generallyaccepted international standards established in this regard by thecompetent international organization. Such removal shall also havedue regard to fishing, the protection of the marine environment andthe rights and duties of other States. Appropriate publicity shall begiven to the depth, position and dimensions of any installations orstructures not entirely removed.
4. The coastal State may, where necessary, establish reasonable
safety zones around such artificial islands, installations and structuresin which it may take appropriate measures to ensure the safety bothof navigation and of the artificial islands, installations and structures.
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86[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
5. The breadth of the safety zones shall be determined by the
coastal State, taking into account applicable international standards.Such zones shall be designed to ensure that they are reasonablyrelated to the nature and function of the artificial islands, instal-lations or structures, and shall not exceed a distance of 500 metresaround them, measured from each point of their outer edge, exceptas authorized by generally accepted international standards or asrecommended by the competent international organization. Duenotice shall be given of the extent of safety zones.
6. All ships must respect these safety zones and shall comply with
generally accepted international standards regarding navigation inthe vicinity of artificial islands, installations, structures and safetyzones.
7. Artificial islands, installations and structures and the safety
zones around them may not be established where interference maybe caused to the use of recognized sea lanes essential to inter-national navigation.
8. Artificial islands, installations and structures do not possess the
status of islands. They have no territorial sea of their own, and theirpresence does not affect the delimitation of the territorial sea, theexclusive economic zone or the continental shelf.
Article 61
Conservation of the Living Resources
1. The coastal State shall determine the allowable catch of the
living resources in its exclusive economic zone.
2. The coastal State, taking into account the best scientific evi-
dence available to it, shall ensure through proper conservation andmanagement measures that the maintenance of the living resourcesin the exclusive economic zone is not endangered by over-exploi-tation. As appropriate, the coastal State and competent internationalorganizations, whether subregional, regional or global, shall cooper-ate to this end.
3. Such measures shall also be designed to maintain or restore
populations of harvested species at levels which can produce themaximum sustainable yield, as qualified by relevant environmentaland economic factors, including the economic needs of coastal fishingcommunities and the special requirements of developing States, andtaking into account fishing patterns, the interdependence of stocksand any generally recommended international minimum standards,whether subregional, regional or global.
4. In taking such measures the coastal State shall take into con-
sideration the effects on species associated with or dependent uponharvested species with a view to maintaining or restoring populationsof such associated or dependent species above levels at which theirreproduction may become seriously threatened.
5. Available scientific information, catch and fishing effort statis-
tics, and other data relevant to the conservation of fish stocks shallbe contributed and exchanged on a regular basis through competentinternational organizations, whether subregional, regional or global,where appropriate and with participation by all States concerned,including States whose nationals are allowed to fish in the exclusiveeconomic zone.[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
Article 62
Utilization of the Living Resources
1. The coastal State shall promote the objective of optimum utiliz-
ation of the living resources in the exclusive economic zone withoutprejudice to article 61.
2. The coastal State shall determine its capacity to harvest the
living resources of the exclusive economic zone. Where the coastalState does not have the capacity to harvest the entire allowablecatch, it shall, through agreements or other arrangements and pursu-ant to the terms, conditions, laws and regulations referred to in para-graph 4, give other States access to the surplus of the allowable catch,having particular regard to the provisions of articles 69 and 70,especially in relation to the developing States mentioned therein.
3. In giving access to other States to its exclusive economic zone
under this article, the coastal State shall take into account all relevantfactors, including, inter alia , the significance of the living resources
of the area to the economy of the coastal State concerned and itsother national interests, the provisions of articles 69 and 70, therequirements of developing States in the subregion or region in har-vesting part of the surplus and the need to minimize economic dislo-cation in States whose nationals have habitually fished in the zoneor which have made substantial efforts in research and identificationof stocks.
4. Nationals of other States fishing in the exclusive economic zone
shall comply with the conservation measures and with the otherterms and conditions established in the laws and regulations of thecoastal State. These laws and regulations shall be consistent with thisConvention and may relate, inter alia , to the following:
(a) licensing of fishermen, fishing vessels and equipment,
including payment of fees and other forms of remuner-ation, which, in the case of developing coastal States, mayconsist of adequate compensation in the field of financ-ing, equipment and technology relating to the fishingindustry;
(b) determining the species which may be caught, and fixing
quotas of catch, whether in relation to particular stocksor groups of stocks or catch per vessel over a period oftime or to the catch by nationals of any State during aspecified period;
(c) regulating seasons and areas of fishing, the types, sizes and
amount of gear, and the types, sizes and number of fish-ing vessels that may be used;
(d) fixing the age and size of fish and other species that may
be caught;
(e) specifying information required of fishing vessels, includ-
ing catch and effort statistics and vessel position reports;
(f) requiring, under the authorization and control of the coas-
tal State, the conduct of specified fisheries research prog-rammes and regulating the conduct of such research,including the sampling of catches, disposition of samplesand reporting of associated scientific data;
87Sch. 2Sch. 2
88[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(g) the placing of observers or trainees on board such vessels
by the coastal State;
(h) the landing of all or any part of the catch by such vessels
in the ports of the coastal State;
(i) terms and conditions relating to joint ventures or other
cooperative arrangements;
(j) requirements for the training of personnel and the transfer
of fisheries technology, including enhancement of thecoastal State’s capability of undertaking fisheriesresearch;
(k) enforcement procedures.
5. Coastal States shall give due notice of conservation and man-
agement laws and regulations.
Article 63
Stocks occurring within the Exclusive Economic Zones of two or
more Coastal States or both within the Exclusive Economic Zone
and in an area beyond and adjacent to it
1. Where the same stock or stocks of associated species occur
within the exclusive economic zones of two or more coastal States,these States shall seek, either directly or through appropriate subre-gional or regional organizations, to agree upon the measures neces-sary to coordinate and ensure the conservation and development ofsuch stocks without prejudice to the other provisions of this Part.
2. Where the same stock or stocks of associated species occur both
within the exclusive economic zone and in an area beyond and adjac-ent to the zone, the coastal State and the States fishing for suchstocks in the adjacent area shall seek, either directly or throughappropriate subregional or regional organizations, to agree upon themeasures necessary for the conservation of these stocks in the adjac-ent area.
Article 64
Highly Migratory Species
1. The coastal State and other States whose nationals fish in the
region for the highly migratory species listed in Annex I shall cooper-ate directly or through appropriate international organizations witha view to ensuring conservation and promoting the objective of opti-mum utilization of such species throughout the region, both withinand beyond the exclusive economic zone. In regions for which noappropriate international organization exists, the coastal State andother States whose nationals harvest these species in the region shallcooperate to establish such an organization and participate in itswork.
2. The provisions of paragraph 1 apply in addition to the other
provisions of this Part.[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
Article 65
Marine Mammals
Nothing in this Part restricts the right of a coastal State or the com-
petence of an international organization, as appropriate, to prohibit,limit or regulate the exploitation of marine mammals more strictlythan provided for in this Part. States shall cooperate with a view tothe conservation of marine mammals and in the case of cetaceansshall in particular work through the appropriate international organ-izations for their conservation, management and study.
Article 66
Anadromous Stocks
1. States in whose rivers anadromous stocks originate shall have
the primary interest in and responsibility for such stocks.
2. The State of origin of anadromous stocks shall ensure their con-
servation by the establishment of appropriate regulatory measuresfor fishing in all waters landward of the outer limits of its exclusiveeconomic zone and for fishing provided for in paragraph 3( b). The
State of origin may, after consultations with the other States referredto in paragraphs 3 and 4 fishing these stocks, establish total allowablecatches for stocks originating in its rivers.
3. (a) Fisheries for anadromous stocks shall be conducted only in
waters landward of the outer limits of exclusive economiczones, except in cases where this provision would resultin economic dislocation for a State other than the Stateof origin. With respect to such fishing beyond the outerlimits of the exclusive economic zone, States concernedshall maintain consultations with a view to achievingagreement on terms and conditions of such fishing givingdue regard to the conservation requirements and theneeds of the State of origin in respect of these stocks.
(b) The State of origin shall cooperate in minimizing economic
dislocation in such other States fishing these stocks, tak-ing into account the normal catch and the mode of oper-ations of such States, and all the areas in which such fish-ing has occurred.
(c) States referred to in subparagraph ( b), participating by
agreement with the State of origin in measures to renewanadromous stocks, particularly by expenditures for thatpurpose, shall be given special consideration by the Stateof origin in the harvesting of stocks originating in itsrivers.
(d) Enforcement of regulations regarding anadromous stocks
beyond the exclusive economic zone shall be by agree-ment between the State of origin and the other Statesconcerned.
4. In cases where anadromous stocks migrate into or through the
waters landward of the outer limits of the exclusive economic zoneof a State other than the State of origin, such State shall cooperatewith the State of origin with regard to the conservation and manage-ment of such stocks.
89Sch. 2Sch. 2
90[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
5. The State of origin of anadromous stocks and other States fish-
ing these stocks shall make arrangements for the implementation ofthe provisions of this article, where appropriate, through regionalorganizations.
Article 67
Catadromous Species
1. A coastal State in whose waters catadromous species spend the
greater part of their life cycle shall have responsibility for the man-agement of these species and shall ensure the ingress and egress ofmigrating fish.
2. Harvesting of catadromous species shall be conducted only in
waters landward of the outer limits of exclusive economic zones.When conducted in exclusive economic zones, harvesting shall besubject to this article and the other provisions of this Conventionconcerning fishing in these zones.
3. In cases where catadromous fish migrate through the exclusive
economic zone of another State, whether as juvenile or maturingfish, the management, including harvesting, of such fish shall be regu-lated by agreement between the State mentioned in paragraph 1 andthe other State concerned. Such agreement shall ensure the rationalmanagement of the species and take into account the responsibilitiesof the State mentioned in paragraph 1 for the maintenance of thesespecies.
Article 68
Sedentary Species
This Part does not apply to sedentary species as defined in article 77,
paragraph 4.
Article 69
Right of Land-Locked States
1. Land-locked States shall have the right to participate, on an
equitable basis, in the exploitation of an appropriate part of the sur-plus of the living resources of the exclusive economic zones of coastalStates of the same subregion or region, taking into account the rel-evant economic and geographical circumstances of all the States con-cerned and in conformity with the provisions of this article and ofarticles 61 and 62.
2. The terms and modalities of such participation shall be estab-
lished by the States concerned through bilateral, subregional orregional agreements taking into account, inter alia :
(a) the need to avoid effects detrimental to fishing communi-
ties or fishing industries of the coastal State;
(b) the extent to which the land-locked State, in accordance
with the provisions of this article, is participating or isentitled to participate under existing bilateral, subre-gional or regional agreements in the exploitation of livingresources of the exclusive economic zones of other coas-tal States;[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
(c) the extent to which other land-locked States and geo-
graphically disadvantaged States are participating in theexploitation of the living resources of the exclusive econ-omic zone of the coastal State and the consequent needto avoid a particular burden for any single coastal Stateor a part of it;
(d) the nutritional needs of the populations of the respective
States.
3. When the harvesting capacity of a coastal State approaches a
point which would enable it to harvest the entire allowable catch ofthe living resources in its exclusive economic zone, the coastal Stateand other States concerned shall cooperate in the establishment ofequitable arrangements on a bilateral, subregional or regional basisto allow for participation of developing land-locked States of thesame subregion or region in the exploitation of the living resourcesof the exclusive economic zones of coastal States of the subregion orregion, as may be appropriate in the circumstances and on termssatisfactory to all parties. In the implementation of this provision thefactors mentioned in paragraph 2 shall also be taken into account.
4. Developed land-locked States shall, under the provisions of this
article, be entitled to participate in the exploitation of livingresources only in the exclusive economic zones of developed coastalStates of the same subregion or region having regard to the extentto which the coastal State, in giving access to other States to theliving resources of its exclusive economic zone, has taken intoaccount the need to minimize detrimental effects on fishing com-munities and economic dislocation in States whose nationals havehabitually fished in the zone.
5. The above provisions are without prejudice to arrangements
agreed upon in subregions or regions where the coastal States maygrant to land-locked States of the same subregion or region equal orpreferential rights for the exploitation of the living resources in theexclusive economic zones.
Article 70
Right of Geographically Disadvantaged States
1. Geographically disadvantaged States shall have the right to par-
ticipate, on an equitable basis, in the exploitation of an appropriatepart of the surplus of the living resources of the exclusive economiczones of coastal States of the same subregion or region, taking intoaccount the relevant economic and geographical circumstances of allthe States concerned and in conformity with the provisions of thisarticle and of articles 61 and 62.
2. For the purposes of this Part, “geographically disadvantaged
States” means coastal States, including States bordering enclosed orsemi-enclosed seas, whose geographical situation makes them depen-dent upon the exploitation of the living resources of the exclusiveeconomic zones of other States in the subregion or region foradequate supplies of fish for the nutritional purposes of their popu-lations or parts thereof, and coastal States which can claim no exclus-ive economic zones of their own.
3. The terms and modalities of such participation shall be estab-
lished by the States concerned through bilateral, subregional orregional agreements taking into account, inter alia :
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(a) the need to avoid effects detrimental to fishing communi-
ties or fishing industries of the coastal State;
(b) the extent to which the geographically disadvantaged
State, in accordance with the provisions of this article, isparticipating or is entitled to participate under existingbilateral, subregional or regional agreements in theexploitation of living resources of the exclusive economiczones of other coastal States;
(c) the extent to which other geographically disadvantaged
States and land-locked States are participating in theexploitation of the living resources of the exclusive econ-omic zone of the coastal State and the consequent needto avoid a particular burden for any single coastal Stateor a part of it;
(d) the nutritional needs of the populations of the respective
States.
4. When the harvesting capacity of a coastal State approaches a
point which would enable it to harvest the entire allowable catch ofthe living resources in its exclusive economic zone, the coastal Stateand other States concerned shall cooperate in the establishment ofequitable arrangements on a bilateral, subregional or regional basisto allow for participation of developing geographically disadvantagedStates of the same subregion or region in the exploitation of theliving resources of the exclusive economic zones of coastal States ofthe subregion or region, as may be appropriate in the circumstancesand on terms satisfactory to all parties. In the implementation of thisprovision the factors mentioned in paragraph 3 shall also be takeninto account.
5. Developed geographically disadvantaged States shall, under the
provisions of this article, be entitled to participate in the exploitationof living resources only in the exclusive economic zones of developedcoastal States of the same subregion or region having regard to theextent to which the coastal State, in giving access to other States tothe living resources of its exclusive economic zone, has taken intoaccount the need to minimize detrimental effects on fishing com-munities and economic dislocation in States whose nationals havehabitually fished in the zone.
6. The above provisions are without prejudice to arrangements
agreed upon in subregions or regions where the coastal States maygrant to geographically disadvantaged States of the same subregionor region equal or preferential rights for the exploitation of the livingresources in the exclusive economic zones.
Article 71
Non-Applicability of Articles 69 and 70
The provisions of articles 69 and 70 do not apply in the case of a
coastal State whose economy is overwhelmingly dependent on theexploitation of the living resources of its exclusive economic zone.
Article 72
Restrictions on Transfer of Rights
1. Rights provided under articles 69 and 70 to exploit living
resources shall not be directly or indirectly transferred to third States[2006.] [ No. 8.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
or their nationals by lease or licence, by establishing joint ventures
or in any other manner which has the effect of such transfer unlessotherwise agreed by the States concerned.
2. The foregoing provision does not preclude the States concerned
from obtaining technical or financial assistance from third States orinternational organizations in order to facilitate the exercise of therights pursuant to articles 69 and 70, provided that it does not havethe effect referred to in paragraph 1.
Article 73
Enforcement of Laws and Regulations of the Coastal State
1. The coastal State may, in the exercise of its sovereign rights to
explore, exploit, conserve and manage the living resources in theexclusive economic zone, take such measures, including boarding,inspection, arrest and judicial proceedings, as may be necessary toensure compliance with the laws and regulations adopted by it inconformity with this Convention.
2. Arrested vessels and their crews shall be promptly released
upon the posting of reasonable bond or other security.
3. Coastal State penalties for violations of fisheries laws and regu-
lations in the exclusive economic zone may not include imprison-ment, in the absence of agreements to the contrary by the Statesconcerned, or any other form of corporal punishment.
4. In cases of arrest or detention of foreign vessels the coastal
State shall promptly notify the flag State, through appropriate chan-nels, of the action taken and of any penalties subsequently imposed.
Article 74
Delimitation of the Exclusive Economic Zone between States with
opposite or Adjacent Coasts
1. The delimitation of the exclusive economic zone between States
with opposite or adjacent coasts shall be effected by agreement onthe basis of international law, as referred to in Article 38 of theStatute of the International Court of Justice, in order to achieve anequitable solution.
2. If no agreement can be reached within a reasonable period of
time, the States concerned shall resort to the procedures providedfor in Part XV.
3. Pending agreement as provided for in paragraph 1, the States
concerned, in a spirit of understanding and cooperation, shall makeevery effort to enter into provisional arrangements of a practical nat-ure and, during this transitional period, not to jeopardize or hamperthe reaching of the final agreement. Such arrangements shall be with-out prejudice to the final delimitation.
4. Where there is an agreement in force between the States con-
cerned, questions relating to the delimitation of the exclusive econ-omic zone shall be determined in accordance with the provisions ofthat agreement.
93Sch. 2Sch. 2
Section 44(2) .
94[No. 8.] [2006.] Sea-Fisheries and Maritime
Jurisdiction Act 2006 .
Article 75
Charts and Lists of Geographical Coordinates
1. Subject to this Part, the outer limit lines of the exclusive econ-
omic zone and the lines of delimitation drawn in accordance witharticle 74 shall be shown on charts of a scale or scales adequate forascertaining their position. Where appropriate, lists of geographicalcoordinates of points, specifying the geodetic datum, may be substi-tuted for such outer limit lines or lines of delimitation.
2. The coastal State shall give due publicity to such charts or lists
of geographical coordinates and shall deposit a copy of each suchchart or list with the Secretary-General of the United Nations.
SCHEDULE 3
Functions under Regulations which are Transferred
European Communities (Aquaculture Animals (S.I. No. 253 of 1996)
and Fish) (Placing on the Market and Controlof Certain Diseases) Regulations 1996
European Communities (Trade in Fish) (S.I. No. 191 of 1997)
Regulations 1997
European Communities (Minimum measures (S.I. No. 26 of 1999)
for the control of certain diseases affectingbivalve molluscs) Regulations 1999
European Communities (Animal By-products) (S.I. No. 248 of 2003)
Regulations 2003
European Communities (Labelling of Fishery (S.I. No. 320 of 2003)
and Aquaculture Products) Regulations 2003
European Communities (Financing of (S.I. No. 544 of 2003)
Veterinary Inspections and Controls on Fishand Fishery Products at ApprovedEstablishments and on Factory Vessels)Regulations 2003
European Communities (Financing of (S.I. No. 545 of 2003)
Veterinary Inspections and Controls on Fishand Fishery Products on Irish Fishing Vessels)Regulations 2003
European Communities (Financing of (S.I. No. 546 of 2003)
Veterinary Inspections and Controls on Fishand Fishery Products at Border InspectionPosts) Regulations 2003
European Communities (Financing of (S.I. No. 547 of 2003)
Veterinary Inspections and Controls on FreshFish landed by Third Country Vessels)Regulations 2003
European Communities (Veterinary Checks on (S.I. No. 548 of 2003)
Fish and Fishery Products Imported from ThirdCountries) Regulations 2003
European Communities (Common (S.I. No. 398 of 2004)
Organisation of Markets in Fishery andAquaculture Products) (FinancialCompensation for Withdrawal and Carry-overAid) Regulations 2004