Sea-Fisheries and Maritime Jurisdiction Act 2006

PART 1 Preliminary and General

1. Short title, collective citation and construction.

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 together as one.

(4) The Fisheries Acts 1959 to 2003 and this Act (other than Part 3 and sections 100, 102, 103 and 104) may be cited together as the Fisheries Acts 1959 to 2006 and shall be construed together as one.

(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 102 may 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. Definitions.

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 F1[Department of Agriculture, Food and the Marine;]

F2[“fisheries monitoring centre“has the same meaning as it has in Article 4 of Council Regulation (EC) No. 1224/2009 of 20 November 2009^3;]

“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 F1[Minister for Agriculture, Food and the Marine;]

“Principal Act” means Fisheries (Consolidation) Act 1959;

“Register of Fishing Boats” means the register maintained under section 74.

3. Regulations.

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 as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

4. Repeals and Revocations.

4.— (1) Each enactment specified in column (2) of Schedule 1 is repealed to the extent specified in column (3) of thatSchedule.

(2) Subject to sections 78, 85(3), 92(2) and 97(2, every order or regulation or licence, permit or authorisation made or granted under an enactment or a provision of an enactment repealed by subsection (1) is revoked.

5. Expenses.

5.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2 Sea-Fisheries

Chapter 1

6. Definitions (Part 2).

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 sustainable exploitation of fisheries resources under the common fisheries policy or the matters related thereto, and includes a reference to a Regulation of an institution of the European Communities amending or replacing the Regulation;

“equipment” includes any thing, instrument or machinery (other than fishing gear) used or capable of being used for handling, weighing, transporting, processing or storing fish;

“exclusive fishery limits” means exclusive fishery limits of the State;

F3["exclusive economic zone" has the same meaning as it has in the Maritime Jurisdiction Act 2021;]

F4["exclusive fishery limits of the State" comprise all seas that lie inside the outer limit of the exclusive economic zone;]

“fish” and “sea-fish” include anadromous and catadromous species and all crustaceans and molluscs found in the sea and the brood and spawn of fish, and references to a fish are to be read as including references 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 ^1 and any Community regulations made under it on the conservation and sustainable exploitation of fisheries 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 used or capable of being used for catching fish;

“ICES” means the International Council for the Exploration of the Sea;

“master”, when used in relation to a sea-fishing boat, means the master, 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 static or 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 owns the boat, and includes any part owner, charterer, hirer, manager or operator 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, maintained 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 the treatment of fish or partly or wholly for the transport of fish;

“sea-fisheries protection officer” means a person declared by section 16 to 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 the Commission of the European Communities on the description of the ICES sub-areas and divisions used for the purposes of fishing statistics 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 Communities relating to certain species of fish in respect of a particular period;

“Table” means a Table to section 28.

7. Moville and Louth areas.

7.— This Part extends to the Moville Area (within the meaning of the Foyle Fisheries Act 1952) and the Louth Area (within the meaning of section 31 of the British-Irish Agreement Act 1999).

Chapter 2

8. Restriction on foreign sea-fishing boats entering exclusive fishery limits.

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,

(ii) international law, or

(iii) any convention, treaty or arrangement for the time being in force between the State and the country to which 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 commits an offence.

9. Provisions in relation to foreign sea-fishing boats lawfully entering exclusive fishery limits.

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 to which 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 been answered, 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 maintenance of good order amongst foreign sea-fishing boats for the time being within the territorial seas of the State and the persons on board such 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 relation to the persons on board that boat, a contravention (whether by commission or omission) of subsection (1), the master of the boat commits an offence.

10. Unauthorised fishing while on board foreign sea-fishing boat within exclusive fishery limits.

F5[10.—(1) Subject tosection 9andsubsection (2), a person on board a foreign sea-fishing boat shall not fish or attempt to fish while the boat is within the exclusive fishery limits unless he or she is authorised by law to do so.

(2) A person who is on board a sea-fishing boat owned and operated in Northern Ireland may fish or attempt to fish while the boat is within the area between 0 and 6 nautical miles as measured from the baseline (within the meaning ofF6[the Maritime Jurisdiction Act 2021]) if, at that time, both the person and the boat comply with any obligation specified insubsection (3)which would apply in the same circumstances if the boat were an Irish sea-fishing boat.

(3) The obligations referred to insubsection (2)are the following:

(a) an obligation under theSea-Fisheries Acts 2003 to 2019or regulations made under those Acts;

(b) an obligation under theFisheries Acts 1959 to 2019or regulations made under those Acts;

(c) an obligation contained in regulations made undersection 3of theEuropean Communities Act 1972;

(d) an obligation under a provision of the treaties of the European Union, or a provision of an act adopted by an institution of the European Union, an institution of the European Communities or a body competent under those treaties;

(e) an obligation specified in a policy directive given by the Minister under section 3(2)(b) of the Act of 2003;

(f) such other obligation as the Minister may specify in regulations undersection 3.

(4) A person who contravenessubsection (1)commits an offence.]

11. Contravention of EC Regulation (common fisheries policy).

11.— (1) Unless otherwise provided by law, a person who contravenes or fails to comply with an obligation imposed on the person by 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 exclusive 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 Community Regulation to have contravened or failed to comply with the obligation, the master and the owner of the boat each commits an offence.

(5) Where there is a contravention of or a failure to comply with an obligation imposed by a Community Regulation by a person involved in landing, trans-shipping, buying, handling, weighing, transporting, processing, storing, documenting or selling fish, the person contravening or failing to comply with such obligation commits an offence.

12. Management of State’s fishing quota — notices.

12.— (1) The Minister may, for the proper management and conservation and rational exploitation of the State’s fishing quota and fishing effort under the common fisheries policy, issue notices to be complied with by the owners or masters of Irish sea-fishing boats and persons on board them with regard to prohibitions or restrictions on the catching of fish or the quantity of fish which may be caught in 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 or group of fish stocks or a quantity of such in a specified area and may be 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 in a specified area in which the catching, retention on board or landing of such fish is prohibited by a notice.

(4) An Irish sea-fishing boat shall not have or retain, and the master of the boat shall not cause or permit the boat or any person on board to have or retain, any fish on board which is prohibited by a 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

(b) such quantities of fish which are more than the catch composition,

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 permitted by a notice, during the specified period in a notice cause or permit the boat to be used, in a specified area mentioned in the notice, for the trans-shipment of fish specified in the notice or cause or 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 protection officer of the expected port at which the fish is intended to be landed from the boat on completion of the voyage,

(b) in a specified area mentioned in a notice before any entry into port or trans-shipment of fish from the boat, shall if required by the notice, inform a sea-fisheries protection officer of the time and location of the entry or trans-shipment, as the case may be, whether inside or outside the State 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 protection 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 day after its first publication, shall be published, in such manner as the Minister 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 published and circulating in the State or to organisations the Minister considers representative of the interests of persons engaged in sea-fishing).

F7[(9) Without prejudice tosubsection (8), notification of the publication of a notice under that subsection shall be made by publishing a notification in Iris Oifigiil and such notification shall include the date on which, and manner in which, the notice was published.]

(10) A copy of the Iris Oifigiúil purporting to contain a F7[notification] may be produced in every court and in all legal proceedings and is evidence, unless the contrary is shown, of the F7[notification].

(11) A copy of a notice, which has endorsed on it a certificate purporting to be signed by an officer of the Department (authorised in that behalf by the Secretary General) stating that the copy is a true copy of the notice may, without proof of signature of that officer, be produced 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 subsection (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 occurred commits an offence.

(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 from his 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 subsection (1).

13. Management and Regulation of State’s fishing opportunities and fishing effort — authorisations.

13.— (1) The Minister may, for the proper and effective management and conservation and rational exploitation of fishing opportunities and fishing effort for Irish sea-fishing boats under the common fisheries policy, at his or her discretion—

F8[(a)upon—

(i) the application from any person, in such form as the Minister decides, or

(ii) the Minister’s own initiative, in respect of any person,