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14 1959

FISHERIES (CONSOLIDATION) ACT, 1959

Chapter II.

Provisions applicable to exclusive fishery limits of the State.

Restrictions on foreign sea fishing boats entering the exclusive fishery limits of the State.

221. —(1) It shall not be lawful for any foreign sea-fishing boat to enter within the exclusive fishery limits of the State except for—

(a) a purpose recognised by international law, or

(b) a purpose recognised by any convention, treaty or arrangement for the time being in force between the State and the country to which such boat belongs, or

(c) any other lawful purpose.

(2) If any foreign sea-fishing boat enters within the exclusive fishery limits of the State in contravention of subsection (1) of this section, the master of such boat shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section, to a fine not exceeding fifty pounds and, in the case of a second or any subsequent offence under this section, to a fine not exceeding one hundred pounds and (whether the offence is a first offence or not) the Court shall, in case any person on board such boat had fished or attempted to fish while such boat was within such exclusive fishery limits, and may, in any other case, order any fish and fishing gear found on such boat to be forfeited.

Provisions in relation to foreign sea-fishing boats lawfully entering the exclusive fishery limits of the State.

222. —(1) If any foreign sea-fishing boat enters within the exclusive fishery limits of the State for—

(a) a purpose recognised by international law, or

(b) a purpose recognised by any convention, treaty or arrangement for the time being in force between the State and the country to which such boat belongs, or

(c) any other lawful purpose,

then—

(i) such boat shall leave the exclusive fishery limits of the State as soon as the purpose for which such boat so entered has been answered,

(ii) no person on board such boat shall fish or attempt to fish while such boat is within the exclusive fishery limits of the State,

(iii) any regulations made under subsection (2) of this section 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 exclusive fishery limits of the State and the persons on board such boats.

(3) If there has been, in relation to any foreign sea-fishing boat which has lawfully entered within the exclusive fishery limits of the State or in relation to the persons on board her, a contravention (whether by commission or omission) of subsection (1) of this section, then, the master of such boat shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section to a fine not exceeding fifty pounds and, in the case of a second or any subsequent offence under this section to a fine not exceeding one hundred pounds and (whether the offence is a first offence or not) the Court shall, in case any person on board such boat had fished or attempted to fish while such boat was within such exclusive fishery limits, and may, in any other case, order any fish and fishing gear found on such boat to be forfeited.

Prohibition of certain methods of trawling within the exclusive fishery limits of the State.

223. —(1) The Minister may from time to time by bye-law prohibit (at the option of the Minister either, as may be specified in such bye-law, absolutely or unless such conditions as the Minister thinks fit to insert in such bye-law are complied with) the use, within the waters of any specified area (being an area within the exclusive fishery limits of the State), in or from either, as may be specified in such bye-law, any boat or any boat of a specified class, of any method of trawling or seining (including fishing by means of any kind of net hauled along the bottom of the sea whether by a moving boat or by any mechanical appliance in an anchored boat), and different bye-laws may be made in respect of different classes of boats and different methods of fishing.

(2) Every person who acts or attempts to act in contravention of any bye-law made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section, to a fine not exceeding two hundred pounds, and in the case of a second or any subsequent offence under this section to a fine not exceeding five hundred pounds.

(3) Where a person is convicted of an offence under this section, any fishing gear by means of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

(4) Where—

(a) a third or any subsequent offence under this section has been committed on board the same boat, whether the person convicted is or is not the same person on each occasion, and

(b) such boat is at the time of the commission of such offence owned or part owned by a person who was the owner or part owner of such boat on the occasion of the commission of the previous offences,

the Court may, in addition to any other penalty or penalties under this section, order such boat to be forfeited.

(5) Any bye-law made under the Steam Trawling (Ireland) Act, 1889, which by virtue of section 46 of the Fisheries (Statute Law Revision) Act, 1949 (No. 27 of 1949), is in force immediately before the operative date, shall, notwithstanding the repeal of the last mentioned Act, continue in force and be deemed to be a bye-law made under this section.

Other offences in relation to sea-fishing boats within the exclusive fishery limits of the State.

224. —(1) If—

(a) any sea-fishing boat to which Part IV of the Merchant Shipping Act, 1894, applies is found within the exclusive fishery limits of the State without having on board the official papers issued in pursuance of the said Act in respect of such boat, or

(b) any other sea-fishing boat is found within the exclusive fishery limits of the State without having on board official papers evidencing the nationality of such boat,

the master of such boat shall be guilty of an offence under this section and shall be punishable accordingly.

(2) If any sea-fishing boat to which Part IV of the Merchant Shipping Act, 1894, applies which is not lettered and numbered in accordance with regulations for lettering and numbering sea-fishing boats made under the said Act and applicable to such boat enters within the exclusive fishery limits of the State, the master of such sea-fishing boat shall be guilty of an offence under this section and shall be punishable accordingly.

(3) If any sea-fishing boat within the exclusive fishery limits of the State fails to observe the provisions, relating to lights to be carried and exhibited, of the regulations for the prevention of collisions at sea made under section 418 of the Merchant Shipping Act, 1894, and applicable to such boat, the master of such boat shall be guilty of an offence under this section and shall be punishable accordingly.

(4) Where an act or omission constitutes an offence under this section and also under the Merchant Shipping Act, 1894, the offender may be prosecuted and punished under this section or under the Merchant Shipping Act, 1894.

(5) Every person guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.