Fisheries (Amendment) Act, 1983

Fisheries (Amendment) Act, 1983 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1983 Fisheries (Amendment) Act, 1983 Fisheries (Amendment) Act, 1983 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 27 of 1983 FISHERIES (AMENDMENT) ACT, 1983 ARRANGEMENT OF SECTIONS Section

Section 1

Definitions.

Section 2

Fishing by certain sea-fishing boats restricted.

Section 3

Regulations requiring sea-fishing boats to comply with certain conditions.

Section 4

Conservation of fish stocks and rational exploitation of fisheries.

Section 5

Minister may make regulations to give effect to certain matters relating to European Communities.

Section 6

Amendment of Tables I and II to section 2 of Act of 1978.

Section 7

Forfeiture of boats used in commission of certain offences.

Section 8

Restriction on registration under Act of 1955 and entry in fishing boat register of certain ships.

Section 9

Amendment of section 19 of Act of 1955.

Section 10

Construction etc. of Act of 1955 and section 373 (2) of Act of 1894.

Section 11

Repeals.

Section 12

Short title, collective citations and construction.

Acts Referred to European Communities Act, 1972 1972, No. 27 Fisheries Acts, 1959 to 1980 Fisheries (Amendment) Act, 1978 1978, No. 18 Fisheries (Consolidation) Act, 1959 1959, No. 14 Mercantile Marine Act, 1955 1955, No. 29 Merchant Shipping Act, 1894 1894, c. 60 Merchant Shipping Acts, 1894 to 1981 Sea Fisheries Act, 1952 1952, No. 7 Number 27 of 1983 FISHERIES (AMENDMENT) ACT, 1983 AN ACT TO MAKE FURTHER PROVISION AS REGARDS SEA-FISHING AND FOR THAT PURPOSE TO AMEND AND EXTEND THE FISHERIES ACTS, 1959 TO 1980, AND TO MAKE CERTAIN PROVISIONS REGARDING REGISTRATION UNDER THE MERCANTILE MARINE ACT, 1955 , AND ENTRY IN THE FISHING BOAT REGISTER UNDER PART IV OF THE MERCHANT SHIPPING ACT, 1894 . [19th July, 1983] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act— “the Act of 1894” means the Merchant Shipping Act, 1894 ; “the Act of 1955” means the Mercantile Marine Act, 1955 ; “the Act of 1972” means the European Communities Act, 1972 ; “the Act of 1978” means the Fisheries (Amendment) Act, 1978 ; “the European Communities” has the meaning assigned to it by section 1 of the Act of 1972; “national of a Member State” has the meaning it has in the treaties; “the treaties” means the treaties, convention and decisions mentioned in section 1 (1) of the Act of 1972, as amended by section 1 of the European Communities (Amendment) Act, 1977 and section 1 of the European Communities (Amendment) Act, 1979.

Fishing by certain sea-fishing boats restricted.

2.—Chapter II of Part XIII of the Principal Act is hereby amended by the insertion of the following section after section 222A (inserted by section 7 of the Act of 1978): “222B. (1) This section applies to any sea-fishing boat which is— (a) a fishing boat within the meaning of Part IV of the Act of 1894 and which— (i) is entered in the fishing boat register, or (ii) is required by section 373, as amended by the Act of 1983, of the Act of 1894 to be so entered, or (iii) but for the passing of the Act of 1983 would, by the said section 373, be required to be so entered, or (b) a ship which— (i) is registered under the Act of 1955, or (ii) is required by section 18, as amended by the Act of 1983, of the Act of 1955 to be so registered, or (iii) but for section 8

Regulations requiring sea-fishing boats to comply with certain conditions.

3.—Chapter II of Part XIII of the Principal Act is hereby amended by the insertion of the following section after section 222B (inserted by section 2 of this Act): “222C. (1) Subject to subsection (2) of this section, the Minister may by regulations specify conditions which shall be complied with by sea-fishing boats to which the regulations apply in relation to— (a) fishing for sea-fish within the exclusive fishery limits of the State, or (b) the landing in the State of fish from such boats, or (c) the trans-shipment of fish to or from such sea-fishing boats, whether in port or otherwise, within such limits.

Conservation of fish stocks and rational exploitation of fisheries.

4.—(1) Chapter II of Part XIII of the Principal Act is hereby amended by the substitution of the following subsections for subsection (1) of section 223A (inserted by section 9 of the Act of 1978): “(1) The Minister may, as he shall think proper, by order prescribe and adopt either or both of the following measures, namely, measures of conservation of fish stocks and measures of rational exploitation of fisheries. (1A) Without prejudice to the generality of subsection (1) of this section, an order under this section may— (a) relate— (i) generally to sea-fishing or to sea-fishing which is of a specified class or description, (ii) generally to fishing other than sea-fishing or to such fishing which is of such a class or description, (iii) generally to fisheries other than sea-fisheries or to such fisheries which are of such a class or description, (iv) generally to fishing boats (including sea-fishing boats) or to fishing boats which are of such a class or description, (v) to boats, other than fishing boats, which are of such a class or description, (b) for the purpose of enabling the order to have full effect, extend any or all of— (i) the powers conferred by this Act on a sea fisheries protection officer for the purposes of this Act, (ii) the powers so conferred on an authorised person within the meaning of Part XVIII of this Act, (iii) the powers so conferred on authorised officers within the meaning of section 301 of this Act, (c) include such incidental, supplementary and consequential provisions as the Minister considers appropriate, and in case provisions are included in such an order by virtue of paragraph (b) of this subsection, this Act shall be construed and have effect in accordance with the terms of the order.”.

Minister may make regulations to give effect to certain matters relating to European Communities.

5.—Chapter II of Part XIII of the Principal Act is hereby amended by the insertion of the following section after section 224A (inserted by section 10 of the Act of 1978): “224B. (1) Without prejudice to the generality of section 3 (1) of the Act of 1972, the Minister may by regulations make provision to give effect within the exclusive fishery limits of the State to any provisions either of the treaties or of any act adopted by an institution of the European Communities which authorises any or all of the Member States of the European Communities to restrict, or otherwise regulate in a manner specified in the provision, fishing in waters, or in part of waters, under its or their sovereignty or jurisdiction.

Amendment of Tables I and II to section 2 of Act of 1978.

6.—Section 2 of the Act of 1978 is hereby amended by— (a) the addition of the following entry to Table I to that section: “ 7.

Section 222B of Principal Act (fishing by certain sea-fishing boats restricted).

Fine not exceeding £10,000 Forfeiture, as a statutory consequence of conviction of the offence under the said section 222B, of all of the following found on the boat to which the said offence relates: (a) any fish, (b) any fishing gear. ”; and (b) the addition of the following entry to Table II to that section: “ 7.

Section 222B of Principal Act (fishing by certain sea-fishing boats restricted).

Fine not exceeding £500 Forfeiture, as a statutory consequence of conviction of the offence under the said section 222B, of all of the following found on the boat to which the offence relates: (a) any fish unlawfully caught, (b) any fishing gear used in the commission of the said offence or to which the said offence relates. ”.

Forfeiture of boats used in commission of certain offences.

7.—The Act of 1978 is hereby amended by the substitution of the following section for section 4: “4. Where, on conviction on indictment of a person for an offence under any of the following sections of the Principal Act, that is to say, sections 221, 222, 222A, 222B, 222C, 223, 223A, 224B, 226 and 227— (a) the conviction is a second or subsequent conviction on indictment for an offence under any of those sections committed on board the same ship whether the person convicted is or is not the same person on each occasion, and (b) the ship is at the time of the commission of the offence owned or part owned by a person who was the owner or part owner of the ship on the occasion of the commission of the previous offence, or, as may be appropriate, any of the previous offences, the Court may, at its discretion, in addition to any other fines and forfeitures to which the person may be liable, order the ship to be forfeited.”.

Restriction on registration under Act of 1955 and entry in fishing boat register of certain ships.

8.—(1) (a) Section 18 (1) of the Act of 1955 shall, as respects a ship to which this section applies, apply only if the ship is the subject of a licence granted for the purposes of section 222B of the Principal Act and which is for the time being in force or, if it is not so in force, is to come into force on the registration under the Act of 1955 of the ship. (b) After the passing of this Act a ship to which this section applies shall not be registered under the Act of 1955 unless, at the time of the registration, there is in relation to the ship a licence granted for the purposes of section 222B of the Principal Act and which is for the time being in force or, if it is not so in force, is to come into force on the ship's being so registered. (c) After the passing of this Act a ship which is a fishing boat within the meaning of Part IV of the Act of 1894 shall not be entered in the fishing boat register unless at the time of the entry there is in relation to the boat a licence granted for the purposes of section 222B of the Principal Act and which is for the time being in force or, if it is not so in force, is to come into force on the boat's being so registered.

Amendment of section 19 of Act of 1955.

9.—An order under section 19 of the Act of 1955 may provide that the citizens, subjects or nationals or bodies corporate established under and subject to the laws of a state specified in the order (being a state declared under the said section 19 to be a reciprocating state) shall— (a) be qualified to own only a registered ship within the meaning of the Act of 1955 (or a share therein) which is of a particular class or description specified in the order, (b) not be qualified to own such a registered ship (or a share therein) which is of a class or description so specified, and in case an order under the said section 19 which is for the time being in force contains any provision included by virtue of this section, subsection (2) of the said section 19 shall be construed and have effect subject to the terms of the order.

Construction etc. of Act of 1955 and section 373 (2) of Act of 1894.

10.—(1) The Act of 1955 shall be construed and have effect subject to subsections (1) and (2) of section 8 of this Act.

Repeals.

11.— Sections 9 , 10 , 11 and 12 of the Sea Fisheries Act, 1952 , are hereby repealed.

Short title, collective citations and construction.

12.—(1) This Act may be cited as the Fisheries (Amendment) Act, 1983.

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