Sea-Fisheries (Miscellaneous Provisions) Act 2022

1. Definition

1. In this Act, “Act of 2006” means the Sea-Fisheries and Maritime Jurisdiction Act 2006.

2. Amendment of section 2 of Act of 2006

2. Section 2 of the Act of 2006 is amended—

(a) in the definition of “Department”, by the substitution of “Department of Agriculture, Food and the Marine;” for “Department of Communications, Marine and Natural Resources;”,

(b) in the definition of “Minister”, by the substitution of “Minister for Agriculture, Food and the Marine;” for “Minister for Communications, Marine and Natural Resources;”, and

(c) by the insertion of the following definition:

“‘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];”.

3. Amendment of section 12 of Act of 2006

3. Section 12 of the Act of 2006 is amended by—

(a) the substitution of the following subsection for subsection (9):

“(9) Without prejudice to subsection (8), notification of the publication of a notice under that subsection shall be made by publishing a notification in Iris Oifigiúil and such notification shall include the date on which, and manner in which, the notice was published.”,

and

(b) in subsection (10), by the substitution of “notification” for “notice” wherever it appears.

4. Amendment of section 13 of Act of 2006

4. Section 13 of the Act of 2006 is amended—

(a) in subsection (1)—

(i) by the substitution of the following paragraph for paragraph (a):

“(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,

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”,

and

(ii) by the substitution of “grant (in electronic form or otherwise)” for “grant”,

(b) in subsection (2)(a), by the deletion of “, charterer or hirer, as the case may be,”, and

(c) in subsection (5), by the substitution of the following paragraph for paragraph (k):

“(k) requiring the keeping of the authorisation, or where the authorisation is issued in electronic form, a printed copy of the authorisation, on the boat concerned.”.

5. Amendment of section 15 of Act of 2006

5. Section 15 of the Act of 2006 is amended—

(a) in subsection (1)(c), by the insertion of “fishing or” after “any person engaged in”, and

(b) in subsection (2)(a)(i), by the substitution of “fishing gear or equipment,” for “equipment on them,”.

6. Regulation of Irish fishing masters

6. Part 2 of the Act of 2006 is amended by the insertion of the following Chapter after Chapter 2:

“Chapter 2A

Regulation of Irish fishing masters

Interpretation and application (Chapter 2A of Part 2)

15A. (1) In this Chapter—

‘Appeals Officer’ shall be construed in accordance with section 15M;

‘certificate of master registration’ shall be construed in accordance with section 15C(1);

‘Commission Regulation’ means Commission Implementing Regulation (EU) No. 404/2011 of 8 April 2011[^4] laying down detailed rules for the implementation of Council Regulation (EC) No. 1224/2009 of 20 November 2009[^5] establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy, as amended by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015[^6], Commission Implementing Regulation (EU) 2020/30 of 14 January 2020[^7] and Commission Implementing Regulation (EU) 2020/863 of 22 June 2020[^8];

‘competent authority’ means, in relation to another Member State, the competent authority designated by that Member State to perform the functions of the competent authority under the Control Regulation;

‘Control Regulation’ means Council Regulation (EC) No. 1224/2009 of 20 November 2009[^9] establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, as amended by Regulation (EU) No. 1379/2013 of the European Parliament and of the Council of 11 December 2013[^10], Regulation (EU) No. 1380/2013 of the European Parliament and of the Council of 11 December 2013[^11], Council Regulation (EU) No. 1385/2013 of 17 December 2013[^12], Regulation (EU) No. 508/2014 of the European Parliament and of the Council of 15 May 2014[^13], Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 2015[^14], Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019[^15] and Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019[^16];

‘Determination Panel’ shall be construed in accordance with section 15G;

‘engage’, in relation to a master of a sea-fishing boat, means—

(a) retain, hire or otherwise employ the master concerned, or

(b) enter into any other contractual or legal arrangement with the master concerned pursuant to which the master acts as master of a sea-fishing boat;

‘Irish citizen’ means a person who—

(a) is an Irish citizen under the Irish Nationality and Citizenship Acts 1956 to 2004, or

(b) acquires Irish citizenship under those Acts or any other enactment;

‘IUU Regulation’ means Council Regulation (EC) No. 1005/2008 of 29 September 2008[^17] establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, as amended by Commission Regulation (EC) No. 1010/2009 of 22 October 2009[^18], Commission Regulation (EU) No. 86/2010 of 29 January 2010[^19] and Commission Regulation (EU) No. 202/2011 of 1 March 2011[^20];

‘official’ has the same meaning as it has in Article 4(6) of the Control Regulation;

‘points’ means points assigned to a master of a sea-fishing boat for a serious infringement in accordance with Annex XXX to the Commission Regulation or section 15U, as the case may be;

‘registered master’ means an Irish citizen who is entered in the Irish Fishing Master Register in accordance with section 15B;

‘Regulations of 2020’ means the European Union (Common Fisheries Policy) (Point System) Regulations 2020 (S.I. No. 318 of 2020);

‘report’ means a report in writing and includes an inspection report, a surveillance report, a report of control data or material, collected by an official acting in the execution of his or her powers or duties;

‘sea-fishing boat licence’ means a licence granted under section 4 (inserted by section 97) of the Act of 2003;

‘serious infringement’ means an infringement of the rules of the common fisheries policy specified in Annex XXX to the Commission Regulation or Article 90(1)(c) of the Control Regulation.

(2) A word or expression that is used in this Chapter and is also used in the Commission Regulation, the Control Regulation or the IUU Regulation has, unless the context otherwise requires, the same meaning in this Chapter as it has in the Commission Regulation, the Control Regulation or the IUU Regulation, as the case may be.

(3) This Chapter is without prejudice to section 3 of the Merchant Shipping (Certification of Seamen) Act 1979 and any regulations made thereunder.

Irish Fishing Master Register

15B. (1) For the purposes of this Chapter, the Minister shall establish and maintain, in such form (including electronic form) as he or she considers appropriate, a register, to be known as the ‘Irish Fishing Master Register’, of Irish citizens who are masters of sea-fishing boats and the points assigned in accordance with this Chapter to each such master.

(2) A person applying for registration in the Irish Fishing Master Register shall—

(a) furnish the Minister with such information as the Minister may reasonably require for the purposes of maintaining the Irish Fishing Master Register, and

(b) without prejudice to the generality of paragraph (a), satisfy the Minister that he or she—

(i) is an Irish citizen, and

(ii) is not, at the time of registration, assigned 90 or more points in accordance with this Chapter.

(3) An application for entry in the Irish Fishing Master Register shall be made in such form and manner as the Minister may specify.

(4) The Irish Fishing Master Register shall contain the following details in respect of each person registered therein:

(a) his or her name and address;

(b) his or her phone number, email address and any other relevant contact details;

(c) his or her personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005);

(d) his or her registration number as specified in the certificate of master registration issued in respect of him or her;

(e) the date of registration on the certificate of master registration;

(f) the number of points (if any) assigned to him or her by the Authority in accordance with this Chapter;

(g) the date on which any such points were so assigned;

(h) details of any suspension of the registration of the person in the Irish Fishing Master Register, including the date and duration of any such suspension, a summary of the reasons for the suspension and particulars of all deletions of such suspensions;

(i) the date of occurrence and details of each serious infringement for which he or she has been assigned points (if any);

(j) the date of the detection of each such serious infringement;

(k) the date on which any points assigned to the master or any suspension of the registration of the master may be deleted from the Irish Fishing Master Register in accordance with section 15J(2) or 15K(6);

(l) such other information as the Minister considers necessary to ensure the effective management of the Irish Fishing Master Register.

(5) A registered master shall notify the Minister of any change in the details specified in paragraph (a) or (b) of subsection (4) relating to him or her.

(6) The Minister shall make the following information entered in the Irish Fishing Master Register in relation to a person entered in that register available in such manner as he or she considers appropriate to holders of sea-fishing boat licences and other relevant persons:

(a) his or her name;

(b) his or her registration number;

(c) the number of points assigned to him or her;

(d) details of any suspension of the registration of the person in the Irish Fishing Master Register, including the date and duration of any such suspension.

(7) An official shall, at all reasonable times, have access to and may inspect and examine the Irish Fishing Master Register.

(8) Upon receipt of a notification under section 15I(3)(b) or section 15I(6)(b), the Minister shall record on the Irish Fishing Master Register the points assigned in accordance with this Chapter to the master to whom the notification relates.

(9) Subject to subsection (10), the Minister may refuse to register a person in, or remove a person from, the Irish Fishing Master Register where the Minister is satisfied that the person’s application for registration is or was, at the time it was made, incomplete, inaccurate, false or misleading in any material respect.

(10) Where the Minister proposes, in accordance with subsection (9), to refuse to register in, or to remove from, the Irish Fishing Master Register, a person, he or she shall—

(a) notify the person concerned in writing of the proposal and of the reasons for the proposed refusal or removal,

(b) notify the person in writing that he or she, or a person acting on his or her behalf, may make representations to the Minister in relation to the proposal within 14 days of the receipt by the person of the notification referred to in paragraph (a), and

(c) consider any such representations duly made before deciding whether to refuse to register in, or to remove from, the Irish Fishing Master Register, the person.

(11) The Minister shall retain a record, in such form (including electronic form) as he or she considers appropriate, of persons who have been removed from the Irish Fishing Master Register in accordance with subsection (9) or (13) or section 15L.

(12) A person who, when applying for registration in the Irish Fishing Master Register, furnishes information to the Minister knowing it to be false or misleading in any material respect shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding €15,000.

(13) Where a person is convicted of an offence under subsection (12), he or she shall be removed by the Minister from the Irish Fishing Master Register.

(14) In this section, ‘relevant person’ means—

(a) a holder of a sea-fishing boat licence, and

(b) a person who has made an application for a sea-fishing boat licence to the licensing authority and such licence has not yet been granted.

Certificate of master registration

15C. (1) A certificate certifying that a person is entered in the Irish Fishing Master Register (a ‘certificate of master registration’) and specifying—

(a) the registration number of the registered master, and

(b) the date of registration of the person,

shall be issued by the Minister in respect of each person so entered.

(2) A master shall, at all times when he or she is acting as the master of a sea-fishing boat, carry his or her certificate of master registration on board the sea-fishing boat.

(3) A person who fails to comply with subsection (2) commits an offence and is liable on summary conviction to a class A fine.

Data entered in Irish Fishing Master Register

15D. (1) Subject to subsection (2), data entered in the Irish Fishing Master Register shall be stored only for as long as necessary for the operation of the Irish Fishing Master Register for the purposes of this Chapter.

(2) Where data entered in the Irish Fishing Master Register concerns the points system referred to in Article 92 of the Control Regulation, such data shall be stored for a minimum of 3 years, starting from the year following the later of—

(a) the year in which the data is entered in the Irish Fishing Master Register, or

(b) the year in which the most recent points are assigned to the person to whom it relates.

Regulations relating to maintenance and administration of Irish Fishing Master Register

15E. (1) The Minister may by regulations make provision for such additional, incidental, consequential or supplementary matters relating to the maintenance and proper administration of the Irish Fishing Master Register as appear to him or her to be necessary or expedient.

(2) Without prejudice to the generality of subsection (1), regulations under that subsection may provide for—

(a) the manner in which the Irish Fishing Master Register shall be maintained, and

(b) the manner in which the Irish Fishing Master Register shall be operated to ensure compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016[^21].

Taking charge of certain sea-fishing boats when not registered in the Irish Fishing Master Register

15F. (1) Subject to subsection (3), an Irish citizen shall not take charge, or attempt to take charge, of an Irish sea-fishing boat or a foreign sea‑fishing boat wherever it may be, unless he or she is for the time being registered in the Irish Fishing Master Register.

(2) A person who contravenes subsection (1) commits an offence and is liable—

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding €15,000.

(3) In proceedings for an offence under subsection (2), it shall be a defence for the defendant to prove that he or she took charge of the Irish sea-fishing boat or the foreign sea-fishing boat in order to avert, or to seek to avert, an immediate or imminent danger to the boat or a person on the boat.

Determination Panel

15G. (1) The Determination Panel established and appointed under and in accordance with Regulation 5 of the Regulations of 2020 shall be the Determination Panel for the purpose of determining, in accordance with this Chapter, whether a serious infringement has occurred and whether a person was, at the time, the master of the sea-fishing boat.

(2) Paragraphs (2) to (14) of Regulation 5 of the Regulations of 2020 shall apply to a Determination Panel under this section, subject to the following modifications:

(a) a reference to the Regulations of 2020 shall be construed as a reference to this Chapter;

(b) a reference to a ‘licence holder’ shall be construed as a reference to a master of a sea-fishing boat;

(c) a reference to a ‘determination’ shall be construed as a reference to a determination under this Chapter;

(d) in paragraphs (8) and (9), the references to Regulation 6(6) shall be read as references to section 15H(2)(b);

(e) in paragraph (11), the reference to Regulation 6(9) shall be read as a reference to section 15H(6).

Notification of an alleged serious infringement

15H. (1) Where an official detects an alleged serious infringement—

(a) involving an Irish sea-fishing boat, wherever the boat may be, or

(b) involving a foreign sea-fishing boat, in the exclusive fishery limits of the State (within the meaning of Part 3),

of which boat the person who is alleged to be the master (‘the alleged master’) is an Irish citizen or a national of another Member State, the official shall prepare a report and forward the report and any material collected in relation to the alleged infringement to the Authority.

(2) Where a report is forwarded to the Authority pursuant to subsection (1), the Authority shall—

(a) send the report and any material collected relating to the alleged serious infringement to the Determination Panel to determine if a serious infringement has occurred,

(b) notify the alleged master in writing—

(i) that an alleged serious infringement has been detected,

(ii) that he or she is alleged to have been the master of the sea‑fishing boat when the alleged serious infringement took place,

(iii) that the matter shall be sent to the Determination Panel to determine if a serious infringement has occurred,

(iv) of the opportunity for him or her to make submissions in writing to the Determination Panel within 30 working days from the date of the notification, and

(v) that he or she may, within 30 working days from the date of the notification, make a request in writing to the Determination Panel for an oral hearing,

and

(c) provide the alleged master with a copy of the report and the material referred to in paragraph (a).

(3) A report and any material forwarded to the Authority by an official pursuant to subsection (1) and any submission referred to in subsection (4) may be used by the Determination Panel in making a determination under subsection (6).