IE-2006-act-8 — Sea-Fisheries and Maritime Jurisdiction Act 2006 | Law Reform

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 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 .— 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 .— (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 .— (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 .— 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 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 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 .— 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 ). PART 2 Sea-Fisheries – 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, (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 .— (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. F5 [ 10. — (1) Subject to section 9 and subsection (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 of F6 [ the Maritime Jurisdiction Act 2021 ] ) if, at that time, both the person and the boat comply with any obligation specified in subsection (3) which would apply in the same circumstances if the boat were an Irish sea-fishing boat. (3) The obligations referred to in subsection (2) are the following: ( a ) an obligation under the Sea-Fisheries Acts 2003 to 2019 or regulations made under those Acts; ( b ) an obligation under the Fisheries Acts 1959 to 2019 or regulations made under those Acts; ( c ) an obligation contained in regulations made under section 3 of the European 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 under section 3 . (4) A person who contravenes subsection (1) commits an offence. ] 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 .— (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 to subsection (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 .— (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, (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 the application or the fishing capacity or operation of the boat concerned, F8 [ grant (in electronic form or otherwise) ] to the person an authorisation (“authorisation”) in respect of the boat, authorising, subject to this section, the utilisation of the boat’s fishing effort for the capture and retention on board of a specified fish stock (“stock”) or group of fish stocks (“stocks”) from the boat in a specified area mentioned in the authorisation and the landing or trans-shipment of the specified stock or stocks taken in that area during such period as is specified in the authorisation. (2) The Minister may renew, subject to this section, without application, at his or her discretion, an authorisation for such period as may be stated in the renewed authorisation, where the Minister is satisfied that— ( a ) the holder of the authorisation upon its expiration continues to be the owner, F9 [ … ] of the boat in respect of which the authorisation was granted, and ( b ) the boat concerned upon the expiration of the authorisation continues to be— (i) the subject of a sea-fishing boat licence, and (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 grant or renew an authorisation where the applicant for or holder of an authorisation, as the case may be, has previously had such an authorisation 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 in the authorisation, or the landing or trans-shipment of a specified stock or stocks taken on board a boat or caught in that area, or in those divisions or sub-areas, in contravention of a Community Regulation 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 purposes of fishing for the specified stock or stocks, and the manner 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 within specified hours, ( d ) requiring the giving of specified advance notice of entry into port, and any other information as may be specified in 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 out their duties, ( i ) requiring the keeping of such records in relation to the activities of the boat as may be specified in the authorisation, ( j ) requiring the facilitation of the placing of any person appointed by the Department or its agencies on board the boat for the purposes of ensuring compliance with the requirements of the authorisation, fisheries legislation, scientific observation, and requiring the provision of assistance and co-operation to that person in carrying out his or her duties or otherwise, F10 [ ( 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. ] (6) The Minister may, as a condition of the authorisation, from time to time, restrict the quantity of fish, during such period as he or she decides— ( a ) that may be taken or retained, on board a particular authorised 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 time while it is in force. ( b ) A condition may be altered at any time while the authorisation 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 the holder of the authorisation and to any organisation which the 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 notification to the holder of the authorisation, being a period not 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 authorisation 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 boat in any specified area or specified time period on any specified stock or 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 specified in an authorisation, the boat may, notwithstanding any restriction under 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 such conditions as may be specified in the authorisation relating to the other boat. (10) Any restriction under subsection (6) or (8) is deemed a condition of the authorisation to which it relates and the holder of the authorisation and the master of the authorised boat concerned shall comply 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 or causes 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 condition specified in an authorisation, the Minister may revoke or withdraw for 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 the authorisation of the proposal and the reasons for it. ( b ) The holder may within 14 days of being sent the notification make representations to the Minister about the proposal. ( c ) The Minister shall consider such representations before making a decision to revoke or withdraw the authorisation. ( 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 master of the sea-fishing boat to which the authorisation relates 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 was granted, ( 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 determined 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 the specified 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 of the 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 jointly with 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. 14 .— (1) Without prejudice to the generality of section 3(1) of the Act of 1972, the Minister may by regulations prescribe measures to give effect to any provision either of the treaties governing the European Communities or Community law which authorises any or all of the Member States of the European Communities to restrict, or otherwise regulate in respect of the common fisheries policy in a manner specified in the provision, fishing or fishing gear or equipment or buying, handling, weighing, trans-shipping, transporting, landing, processing, storing, documenting or selling fish. Such regulations 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, documenting or selling fish within the State or the exclusive fishery 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 fishing gear 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 fishing gear, or the use, modification or maintenance or storage thereof or interference therewith, (iv) prohibitions of or restrictions on the catching, handling, composition of catch, retention and storage on board, trans-shipment and landing of fish, including permitted— (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 relation to— (i) the catching, handling, composition of catch, retention and storage on board, trans-shipment and landing of fish, and (ii) the taking, making and keeping of records and assisting and co-operating with any person appointed by the Department or its agencies to be on that boat, and ( c ) include such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations (including provisions repealing, amending or applying, with or without modification, 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 equipment on board the boat, the master and owner of the boat and the owner of the fishing gear or equipment each commits an offence, or ( b ) in relation to fish, the master and owner of the boat concerned and the buyer, handler, weigher, transporter, processor, person storing or documenting and seller of the fish 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 prohibition or restriction or requirement alleged to have been contravened, or ( b ) that in the circumstances it was not possible to know or not reasonable to ascertain that a regulation was being contravened. 15 .— (1) The Minister may to supplement the common fisheries policy, as he or she thinks proper, by regulations prescribe measures for the purpose of protecting, conserving or allowing the sustainable exploitation of fish or the rational management of fisheries that restrict, or otherwise regulate, fishing or fishing gear or equipment or the buying, handling, weighing, trans-shipping, transporting, landing, processing, storing, documenting or selling of fish. Such regulations may 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 F11 [ fishing or ] buying, handling, weighing, trans-shipping, transporting, landing, processing, storing, documenting 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 internal waters. (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 or F12 [ fishing gear or equipment, ] (ii) prohibitions of or restrictions on fishing effort, (iii) prohibitions of or restrictions on or requirements as regards the equipment of fishing boats or fishing gear, or the use, modification or maintenance or storage thereof or interference therewith, (iv) prohibitions of or restrictions on the catching, handling, composition of catch, retention and storage on board, trans-shipment and landing of fish, including permitted— (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 boat or to a sea-fishing boat within the exclusive fishery limits or may apply to a buyer, handler, seller, weigher, transporter or processor of fish which supplement or go beyond a Community Regulation or other European Community law, but are compatible with Community law and in conformity with the common fisheries policy, or ( b ) impose obligations on the holder of a sea-fishing boat licence including, in particular, obligations in relation to— (i) the catching, handling, composition of catch, retention and storage on board, trans-shipment and landing of fish, and (ii) the taking, making and keeping of records and assisting or co-operating with any person appointed by the Department 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 for the 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 and the owner of the fishing gear or equipment each commits an offence, or ( b ) in relation to fish, the master and owner of the boat concerned and the buyer, handler, weigher, transporter, processor, person storing or documenting and seller of the fish 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 prohibition or restriction or requirement alleged to have been contravened, or ( b ) that in the circumstances it was not possible to know or not reasonable to ascertain that a regulation was being contravened. (5) In this section “internal waters” means the internal waters of the State (within the meaning of section 86 ). PART 2 Sea-Fisheries – Chapter 2A Regulation of Irish fishing masters 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. ] 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 (c) , 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. ] 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. ] 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. ] 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 . ] 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. ] 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) . ] 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) . (4) The alleged master shall be given the opportunity to make submissions in writing to the Determination Panel within 30 working days from the date of the notification referred to in subsection (2)(b) . (5) The Determination Panel may request that extra information be provided by the Authority or the alleged master in relation to the issue under determination by the Determination Panel and the Authority or the alleged master, as the case may be, shall provide the information not later than 20 working days after receiving the request. (6) The Determination Panel shall, not later than 70 working days after the date of notification referred to in subsection (2)(b) to the alleged master, determine on the balance of probabilities whether a serious infringement has occurred and whether the alleged master was, at the time the serious infringement occurred, the master of the sea-fishing boat. (7) In determining whether an alleged serious infringement has occurred, the Determination Panel shall have regard to the criteria referred to in Article 3(2) of the IUU Regulation . (8) The Determination Panel shall notify the Authority and the alleged master concerned in writing of its determination under subsection (6) and the reasons for that determination. ] 15I . — (1) Where the Authority is notified under section 15H(8) that the Determination Panel has determined that a serious infringement has occurred and the master, at the time the serious infringement occurred, was the master of the sea-fishing boat, the Authority shall — ( a ) in a case where the master concerned is an Irish citizen, notify the master in writing — (i) of it having been so notified, and (ii) of the proposal to assign the appropriate points in accordance with Annex XXX to the Commission Regulation or section 15U , as the case may be, to the master for the serious infringement, or ( b ) in a case where the master concerned is a national of another Member State, notify the master — (i) of it having been so notified, and (ii) that it is proposed to notify the competent authority of the Member State of which the master is a national of the detection of the serious infringement. (2) A notification under subsection (1) to a master shall — ( a ) give particulars of — (i) the serious infringement concerned, and (ii) where relevant, the appropriate number of points proposed to be assigned, and ( b ) inform the master of the master ’ s right to appeal in accordance with section 15N . (3) Subject to subsection (5) , where a notification has been issued under subsection (1) in respect of a master who is an Irish citizen, the Authority shall — ( a ) assign the appropriate number of points to the master in question, and ( b ) as soon as practicable thereafter, notify the Minister of the following matters: (i) the name and address of the master to whom the points are assigned; (ii) the registration number of the registered master; (iii) the identity of the sea-fishing boat to which the infringement concerned relates; (iv) the particulars of the serious infringement concerned; (v) the number of points assigned; (vi) the date from which the points are assigned. (4) Subject to subsection (5) , where a notification has been issued under subsection (1) in respect of a master who is a national of another Member State, the Authority shall notify the competent authority of the Member State of the following matters: ( a ) the identity of the sea-fishing boat to which the infringement concerned relates; ( b ) the name and address of, and any other identifying details available relating to, the master of the sea-fishing boat; ( c ) the particulars of the serious infringement concerned; ( d ) the number of points applicable to that infringement. (5) Points shall not be assigned under subsection (3) or a notification shall not be made under subsection (4) , as the case may be, until — ( a ) the period allowed to appeal the determination by the Determination Panel to the Appeals Officer under section 15N has expired, without such an appeal having been made, or ( b ) where an appeal under section 15N is made — (i) in case the appeal is withdrawn, the date of the withdrawal, or (ii) in case the Appeals Officer decides to uphold the determination of the Determination Panel in respect of the serious infringement, the date of that decision. (6) Where the Authority receives a notification under Article 89(4) of the Control Regulation from the competent authority of another Member State of the detection of a serious infringement involving a sea-fishing boat of which an Irish citizen was the master, the Authority shall — ( a ) assign the appropriate number of points to the master, and ( b ) notify the master and the Minister accordingly. (7) Points assigned by the Authority in accordance with this section shall apply from the date of detection of the serious infringement concerned. (8) The Authority shall not assign more than 12 points in respect of any one inspection. (9) In this section — "identity", in relation to a sea-fishing boat, includes the lettering and numbering of the boat; "inspection" has the same meaning as it has in Article 4(4) of the Control Regulation. ] 15J . — (1) Subject to subsection (2) , points assigned by the Authority to a master who is an Irish citizen remain assigned regardless of any criminal proceedings pending, or the outcome of any such proceedings, in respect of the serious infringement concerned. (2) If a master who is an Irish citizen and to whom points have been assigned in accordance with this Chapter, does not commit, within 3 years from the date of the detection of the last serious infringement to which the points relate, another serious infringement, all points in the Irish Fishing Master Register assigned to the master concerned shall be removed and shall be deleted from the Irish Fishing Master Register. ] 15K . — (1) Subject to subsection (6) and section 15J(2) , where points are assigned to a master on the Irish Fishing Master Register in accordance with this Chapter, the Minister shall suspend the registration of the master in the Irish Fishing Master Register — ( a ) where the master accumulates a total of 18 points, for a period of 2 months, ( b ) where the master accumulates a total of 36 points, for a period of 4 months, ( c ) where the master accumulates a total of 54 points, for a period of 8 months, and ( d ) where the master accumulates a total of 72 points, for a period of 12 months. (2) Where the registration of a master in the Irish Fishing Master Register is suspended under subsection (1) , the Minister shall record the suspension in that Register. (3) A master whose registration in the Irish Fishing Master Register has been suspended under subsection (1) shall immediately inform the holder of a sea-fishing boat licence who engages or proposes to engage him or her as master, of — ( a ) such suspension, ( b ) the reasons for such suspension, and ( c ) the duration of such suspension. (4) A person who fails to comply with subsection (3) commits an offence and is liable on summary conviction to a class B fine. (5) Where during a period of suspension under subsection (1) (in this subsection referred to as "the first-mentioned period"), the master is assigned further points which result in a further suspension under that subsection, the period of the further suspension shall commence on the day immediately following the last day of the first-mentioned period. (6) Where a master whose registration in the Irish Fishing Master Register has been suspended under subsection (1) does not commit another serious infringement within 3 years from the date of the detection of the last serious infringement to which the points assigned to him or her relate, the record in that Register of the suspension shall be deleted by the Minister. ] 15L . — (1) Where a master accumulates 90 points (which have not been deleted in accordance with section 15J(2) ) or has received five suspensions under section 15K (which have not been deleted in accordance with subsection (6) of that section), the Minister shall remove the master from the Irish Fishing Master Register. (2) A person who has been removed from the Irish Fishing Master Register under subsection (1) shall not be entitled to be re-entered in the Register. (3) A person who has been removed from the Irish Fishing Master Register under subsection (1) shall immediately inform the holder of a sea-fishing boat licence who engages or proposes to engage him or her as a master of such removal. (4) A person who fails to comply with subsection (3) commits an offence and shall be liable on summary conviction to a class B fine. ] 15M . — (1) An Appeals Officer appointed under and in accordance with Regulation 11 of the Regulations of 2020 shall be an Appeals Officer for the purposes of this Chapter. (2) Paragraphs (2), (3), (5), (6) and (7) of Regulation 11 of the Regulations of 2020 shall apply to an Appeals Officer, 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 "licence holder" shall be construed as a reference to the master of a sea-fishing boat; ( c ) a reference to an appeal shall be construed as a reference to an appeal under this Chapter; ( d ) in paragraph (5), the reference to Regulation 12(11) shall be construed as a reference to section 15N(11) . (3) Should the post of Appeals Officer become vacant, pending the appointment of a new appointee the Authority will suspend — ( a ) in a case where the master concerned is an Irish citizen — (i) the proposal to assign the appropriate points to the master for the serious infringement, and (ii) the notification to the master of the proposal to assign points, or ( b ) in a case where the master is a national of another Member State — (i) the notification to the master of the sea-fishing boat concerned of the proposal to notify the competent authority of the Member State of which the master is a national of the detection of the serious infringement, and (ii) the proposal to notify the competent authority of the Member State of which the master is a national of the serious infringement detected and the number of points appropriate to that infringement. ] 15N . — (1) A master who is — ( a ) an Irish citizen to whom points are proposed to be assigned in accordance with section 15I(3) , or ( b ) a national of another Member State, in respect of whom it is proposed to make a notification under section 15I(4) , may appeal to the Appeals Officer, not later than 30 working days from the date of the notifica