Sea-Fisheries and Maritime Jurisdiction Act 2006

Sea-Fisheries and Maritime Jurisdiction Act 2006 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 2006 Sea-Fisheries and Maritime Jurisdiction Act 2006 Sea-Fisheries and Maritime Jurisdiction Act 2006 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 Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 8 of 2006 SEA-FISHERIES AND MARITIME JURISDICTION ACT 2006 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title, collective citation and construction. 2. Definitions. 3. Regulations. 4. Repeals and Revocations. 5. Expenses. PART 2 Sea-Fisheries Chapter 1 Preliminary 6. Definitions (Part 2). 7. Moville and Louth areas. Chapter 2 Regulation of Sea-Fishing 8. Restriction on foreign sea-fishing boats entering exclusive fishery limits. 9. Provisions in relation to foreign sea-fishing boats lawfully entering exclusive fishery limits. 10. Unauthorised fishing while on board foreign sea-fishing boat within exclusive fishery limits. 11. Contravention of EC Regulation (common fisheries policy). 12. Management of State’s fishing quota — notices. 13. Management and Regulation of State’s fishing opportunities and fishing effort — authorisations. 14. Regulations to give effect to common fisheries policy. 15. National regulatory measures to supplement common fisheries policy. Chapter 3 Sea-Fisheries Protection Officers — Detention of boats — Related offences 16. Sea-fisheries protection officers. 17. Powers of sea-fisheries protection officer related to the inspection, examination and detention of sea-fish, etc. 18. Powers of sea-fisheries protection officer relating to fishing boats. 19. Detention of boats and persons on board when offences suspected. 20. Detention of boats and persons charged or to be charged pending prosecution. 21. Detention of boats pending determination of any proceeding (including appeals) under relevant provision. 22. Recovery of fine for offence under relevant provision and possession by sea-fisheries protection officer of articles forfeited. 23. Trial in District Court of person charged with offence on boat detained by sea-fisheries protection officer. 24. Offence — obstruction, etc., of sea-fisheries protection officer. 25. Offence — assaulting sea-fisheries protection officer. 26. Immunity of sea-fisheries protection officer. Chapter 4 Matters relating to indictable fishery offences, proceedings, forfeiture 27. Option for accused persons as regards proceedings in relation to indictable offences under Sea-Fisheries Acts 2003 and 2006. 28. Penalties and forfeiture for certain indictable fishery offences. 29. Non-obligation of Court to pronounce or record forfeiture where forfeiture falls as a statutory consequence of conviction. 30. Disposal of forfeitures. 31. Forfeiture of proceeds from disposal of illegally-caught fish. 32. Prosecutor may appeal dismissal of proceedings in District Court. 33. Proof that boat is foreign sea-fishing boat. 34. Offence by body corporate, etc. 35. Service of trial documents — persons resident outside State. 36. Defence. 37. Presumption. 38. Prosecution of summary offences — Sea-Fisheries Acts 2003 and 2006. 39. Prosecution of sea-fisheries offences by DPP and saver. Chapter 5 Sea-Fisheries Protection Authority 40. Establishment day. 41. Establishment of Sea-Fisheries Protection Authority. 42. Independence of Authority. 43. Functions of Authority. 44. Transfer of functions. 45. Transfer of assets and liabilities of staff, etc., transferred. 46. Policy directions by Minister to Authority. 47. Members of Authority. 48. Consultative Committee. 49. Complaints procedures. 50. Staff of Authority. 51. Sea-fisheries protection officers. 52. Transfer of staff from Minister to Authority. 53. Consultants and advisers. 54. Indemnity. 55. Membership of House of Oireachtas, European Parliament and local authorities. 56. Code of Conduct. 57. Disclosure of interests. 58. Disclosure of confidential information. 59. Superannuation of members of Authority. 60. Superannuation of staff of Authority. 61. Resources made available by Minister to Authority. 62. Grants to Authority. 63. Fees. 64. Borrowings. 65. Accounts and annual report of Authority. 66. Strategy Statement of Authority. 67. Publication of reports of Authority. 68. Accountability of Authority to Committees of Oireachtas. 69. Premises of Authority. 70. Seal of Authority. 71. Authority to keep itself informed on certain matters. 72. Provision of services by Authority. 73. Definitions (Chapter 5). Chapter 6 Registration of sea-fishing boats and miscellaneous offences involving sea-fishing boats 74. Register of Fishing Boats. 75. Registration, lettering and numbering of sea-fishing boats. 76. Regulations. 77. Fees. 78. Continuance of Regulations of 2005. 79. Miscellaneous offences involving sea-fishing boats. 80. Definitions (Chapter 6). PART 3 Maritime Jurisdiction (Including Exclusive Economic Zone and Exclusive Fishery Limits) of the State 81. Definitions (Part 3). 82. Territorial seas. 83. Outer limit of territorial seas. 84. Contiguous zone. 85. Baseline. 86. Internal waters. 87. Exclusive economic zone of State. 88. Exclusive fishery limits of State. 89. Jurisdiction in case of offence. 90. Prosecution of non-national for offence on foreign ship. 91. Saving as to jurisdiction. 92. Evidence as to extent of internal waters, territorial seas, exclusive economic zone and exclusive fishery limits. 93. Adaptation of enactments. 94. Laying of orders before Houses of Oireachtas. PART 4 Amendments to Fisheries Acts 1959 to 2003, Mercantile Marine Act 1955, Fishery Harbour Centres Act 1968, Dumping at Sea Act 1996 and Maritime Safety Act 2005 Chapter 1 Trial of Offences 95. Provisions in relation to cases in District Court. 96. Prosecution of summary offences — Fisheries Acts 1959 to 2006. Chapter 2 Licensing of sea-fishing boats and miscellaneous amendments to Act of 2003 97. Sea-fishing boat licences. 98. Tax clearance certification requirement for applicants for sea-fishing boat licences. 99. Miscellaneous amendments to Act of 2003. Chapter 3 Mercantile Marine 100. Amendment of Act of 1955. Chapter 4 Aquaculture 101. Miscellaneous amendments to Fisheries (Amendment) Act 1997 — aquaculture. Chapter 5 Fishery Harbour Centres 102. Amendment of section 4 of Fishery Harbour Centres Act 1968. Chapter 6 Dumping at Sea 103. Amendment of Dumping at Sea Act 1996. Chapter 7 Maritime Safety 104. Amendment of Maritime Safety Act 2005. SCHEDULE 1 Enactments Repealed SCHEDULE 2 United Nations Convention on the Law of the Sea 1982 Part V — Exclusive Economic Zone SCHEDULE 3 Functions under Regulations which are Transferred Acts Referred to British-Irish Agreement Act 1999 1999, No. 1 Carer’s Leave Act 2001 2001, No. 19 Comptroller and Auditor General (Amendment) Act 1993 1993, No. 8 Continental Shelf Act 1968 1968, No. 14 Copyright and Related Rights Act 2000 2000, No. 28 Courts Act 1964 1964, No. 11 Courts of Justice Act 1924 1924, No. 10 Courts of Justice Act 1936 1936, No. 48 Criminal Justice Act 1994 1994, No. 15 Criminal Justice Act 1999 1999, No. 10 Criminal Procedure Act 1967 1967, No. 12 Dumping at Sea Act 1996 1996, No. 14 Dumping at Sea Acts 1996 and 2004 European Communities Act 1972 1972, No. 27 European Parliament Elections Act 1997 1997, No. 2 Finance Act 2002 2002, No. 5 Fisheries Act 1980 1980, No. 1 Fisheries Acts 1959 to 2003 Fisheries (Amendment) Act 1962 1962, No. 31 Fisheries (Amendment) Act 1974 1974, No. 25 Fisheries (Amendment) Act 1978 1978, No. 18 Fisheries (Amendment) Act 1983 1983, No. 27 Fisheries (Amendment) Act 1994 1994, No. 23 Fisheries (Amendment) Act 1997 1997, No. 23 Fisheries (Amendment) Act 2001 2001, No. 40 Fisheries (Amendment) Act 2003 2003, No. 21 Fisheries and Foreshore (Amendment) Act 1998 1998, No. 54 Fisheries (Consolidation) Act 1959 1959, No. 14 Fisheries (Ireland) Act 1845 8 & 9 Vic., c. 108 Fisheries (Ireland) Act 1846 9 Vic., c. 3 Fisheries (Revision of Loans) Act 1931 1931, No. 33 Fishery Harbour Centres Act 1968 1968, No. 18 Fishery Harbour Centres Acts 1968 to 2005 Fishing Licences (Moville District) Act 1951 1951, No. 25 Food Safety Authority of Ireland Act 1998 1998, No. 29 Foyle Fisheries Act 1952 1952, No. 5 Freedom of Information Act 1997 1997, No. 13 Freshwater Fisheries (Prohibition of Netting) Act 1951 1951, No. 21 Local Government Act 2001 2001, No. 37 Maritime Jurisdiction Act 1959 1959, No. 22 Maritime Jurisdiction Acts 1959 to 1988 Maritime Jurisdiction (Amendment) Act 1964 1964, No. 32 Maritime Jurisdiction (Amendment) Act 1988 1988, No. 9 Maritime Safety Act 2005 2005, No. 11 Maritime Safety Acts 1992 to 2005 Maritime Security Act 2004 2004, No. 29 Mercantile Marine Act 1955 1955, No. 29 Merchant Shipping Act 1894 57 & 58 Vic., c. 60 Merchant Shipping Acts 1894 to 2005 Minimum Notice and Terms of Employment Acts 1973 to 2005 Organisation of Working Time Act 1997 1997, No. 20 Parental Leave Act 1998 1998, No. 30 Patents Act 1992 1992, No. 1 Petty Sessions (Ireland) Act 1851 14 & 15 Vic., c. 93 Prosecution of Offences Act 1974 1974, No. 22 Protection of Employees (Fixed-Term Work) Act 2003 2003, No. 29 Protection of Employees (Part-Time Work) Act 2001 2001, No. 45 Public Offices Fees Act 1879 42 & 43 Vic., c. 58 Radiological Protection Act 1991 1991, No. 9 Redundancy Payments Acts 1967 to 2003 Sea Pollution Act 1991 1991, No. 27 Sea Pollution Acts 1991 to 1999 Sea Pollution (Amendment) Act 1999 1999, No. 18 Sea Pollution (Hazardous Substances) (Compensation) Act 2005 2005, No. 9 Taxes Consolidation Act 1997 1997, No. 39 Terms of Employment (Information) Acts 1994 and 2001 Trawling in Prohibited Areas Prevention Act 1909 9 Edw. 7, c. 8 Unfair Dismissals Acts 1977 to 2005 Wildlife Act 1976 1976, No. 39 Number 8 of 2006 SEA-FISHERIES AND MARITIME JURISDICTION ACT 2006 AN ACT TO REVISE WITH AMENDMENTS PART XIII OF THE FISHERIES (CONSOLIDATION) ACT 1959 AND THE MARITIME JURISDICTION ACTS 1959 TO 1988, TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN IN THE IRISH LANGUAGE AS AN T-ÚDARÁS UM CHOSAINT IASCAIGH MHARA, OR IN THE ENGLISH LANGUAGE AS THE SEA-FISHERIES PROTECTION AUTHORITY, AND TO DEFINE ITS FUNCTIONS, TO AMEND AND EXTEND THE FISHERIES ACTS 1959 TO 2003, THE MERCANTILE MARINE ACT 1955, THE FISHERY HARBOUR CENTRES ACT 1968, THE DUMPING AT SEA ACT 1996 AND THE MARITIME SAFETY ACT 2005, TO AMEND OR REPEAL CERTAIN ENACTMENTS AND TO PROVIDE FOR CONNECTED MATTERS. [4th April, 2006] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title, collective citation and construction. 1.— (1) This Act may be cited as the Sea-Fisheries and Maritime Jurisdiction Act 2006. (2) The Act of 2003 (other than Part 5), Part 2 and Chapter 2 of Part 4 may be cited together as the Sea-Fisheries Acts 2003 and 2006 and shall be construed together as one. (3) The Fisheries (Amendment) Act 1997 , sections 2, 3 and 4 of the Fisheries and Foreshore (Amendment) Act 1998 , the Fisheries (Amendment) Act 2001 and section 101 may be cited together as the Aquaculture Acts 1997 to 2006 and shall be construed together as one. (4) The Fisheries Acts 1959 to 2003 and this Act (other than Part 3 and sections 100 , 102 , 103 and 104 ) may be cited together as the Fisheries Acts 1959 to 2006 and shall be construed together as one. (5) The Act of 1955 and section 100 may be cited together as the Mercantile Marine Acts 1955 and 2006. (6) The Fishery Harbour Centres Acts 1968 to 2005 and section 102 may be cited together as the Fishery Harbour Centres Acts 1968 to 2006. (7) The Dumping at Sea Acts 1996 and 2004 and section 103 may be cited together as the Dumping at Sea Acts 1996 to 2006. (8) The Maritime Safety Acts 1992 to 2005 and section 104 may be cited together as the Maritime Safety Acts 1992 to 2006. Definitions. 2.— In this Act— “Act of 1894” means Merchant Shipping Act 1894 ; “Act of 1955” means Mercantile Marine Act 1955; “Act of 2003” means Fisheries (Amendment) Act 2003; “Community law” means an act adopted by an institution of the European Communities; “Department” means Department of Communications, Marine and Natural Resources; “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 Minister for Communications, Marine and Natural Resources; “Principal Act” means Fisheries (Consolidation) Act 1959; “Register of Fishing Boats” means the register maintained under section 74 . Regulations. 3.— (1) The Minister may make regulations in relation to any matter referred to in Part 2 as prescribed. (2) Every regulation made under Part 2 or section 25 of the Act of 2003 shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under it. Repeals and Revocations. 4.— (1) Each enactment specified in column (2) of Schedule 1 is repealed to the extent specified in column (3) of that Schedule. (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. Expenses. 5.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. PART 2 Sea-Fisheries Chapter 1 Preliminary Definitions (Part 2). 6.— In this Part— “Act of 1967” means Criminal Procedure Act 1967 ; “Act of 1972” means European Communities Act 1972 ; “Act of 1994” means Fisheries (Amendment) Act 1994 ; “Act of 1999” means Criminal Justice Act 1999 ; “common fisheries policy” means the common fisheries policy of the European Communities; “Community Regulation” means a Regulation of an institution of the European Communities on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy or the matters related thereto, and includes a reference to a Regulation of an institution of the European Communities amending or replacing the Regulation; “ equipment ” includes any thing, instrument or machinery (other than fishing gear) used or capable of being used for handling, weighing, transporting, processing or storing fish; “exclusive fishery limits” means exclusive fishery limits of the State; “exclusive fishery limits of the State” has the meaning given to it by section 88 ; “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 . Moville and Louth areas. 7.— This Part extends to the Moville Area (within the meaning of the Foyle Fisheries Act 1952 ) and the Louth Area (within the meaning of section 31 of the British-Irish Agreement Act 1999 ). Chapter 2 Regulation of Sea-Fishing Restriction on foreign sea-fishing boats entering exclusive fishery limits. 8.— (1) It is not lawful for any foreign sea-fishing boat to enter within the exclusive fishery limits except for— (a) a purpose or purposes recognised by— (i) Community law, (ii) international law, or (iii) any convention, treaty or arrangement for the time being in force between the State and the country to which the boat belongs, or (b) any other lawful purpose or purposes. (2) If a foreign sea-fishing boat enters within the exclusive fishery limits in contravention of subsection (1) the master of the boat commits an offence. Provisions in relation to foreign sea-fishing boats lawfully entering exclusive fishery limits. 9.— (1) If a foreign sea-fishing boat enters within the exclusive fishery limits for— (a) a purpose or purposes recognised by— (i) Community law, (ii) international law, or (iii) any convention, treaty or arrangement for the time being in force between the State and the country to which the boat belongs, or (b) any other lawful purpose or purposes, then— (I) the boat must leave the exclusive fishery limits as soon as the purpose for which the boat so entered has been answered, and (II) any regulations made under subsection (2) and for the time being in force shall be duly observed. (2) The Minister may make regulations in relation to the maintenance of good order amongst foreign sea-fishing boats for the time being within the territorial seas of the State and the persons on board such boats. (3) If there has been in relation to a foreign sea-fishing boat which has lawfully entered within the exclusive fishery limits or in relation to the persons on board that boat, a contravention (whether by commission or omission) of subsection (1), the master of the boat commits an offence. Unauthorised fishing while on board foreign sea-fishing boat within exclusive fishery limits. 10.— (1) 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 contravenes subsection (1) commits an offence. Contravention of EC Regulation (common fisheries policy). 11.— (1) Unless otherwise provided by law, a person who contravenes or fails to comply with an obligation imposed on the person by a Community Regulation commits an offence. (2) Subsection (1) does not apply to an obligation imposed on the State by a Community Regulation. (3) This section applies to— (a) sea-fishing boats within the exclusive fishery limits, (b) an Irish sea-fishing boat in waters, wherever it may be, and (c) any person engaged in landing, trans-shipping, buying, handling, weighing, transporting, processing, storing, documenting or selling fish within the State or the exclusive fishery limits. (4) Where there is a contravention of or a failure to comply with an obligation imposed by a Community Regulation on, or by, a sea-fishing boat and where a person is not specified in the Community Regulation to have contravened or failed to comply with the obligation, the master and the owner of the boat each commits an offence. (5) Where there is a contravention of or a failure to comply with an obligation imposed by a Community Regulation by a person involved in landing, trans-shipping, buying, handling, weighing, transporting, processing, storing, documenting or selling fish, the person contravening or failing to comply with such obligation commits an offence. Management of State’s fishing quota — notices. 12.— (1) The Minister may, for the proper management and conservation and rational exploitation of the State’s fishing quota and fishing effort under the common fisheries policy, issue notices to be complied with by the owners or masters of Irish sea-fishing boats and persons on board them with regard to prohibitions or restrictions on the catching of fish or the quantity of fish which may be caught in a specified area. (2) A notice may restrict or prohibit for a specified period the catching, retention on board or landing of a specified fish stock or group of fish stocks or a quantity of such in a specified area and may be addressed to all or certain types, lengths, sizes or classes of sea-fishing boats. (3) The master of an Irish sea-fishing boat shall not engage in or cause or permit any person on board to engage in fishing for fish in a specified area in which the catching, retention on board or landing of such fish is prohibited by a notice. (4) An Irish sea-fishing boat shall not have or retain, and the master of the boat shall not cause or permit the boat or any person on board to have or retain, any fish on board which is prohibited by a notice. (5) An Irish sea-fishing boat or a person on board the boat shall not have or retain on board in a specified area or specified period— (a) more than the quantity of fish, or (b) such quantities of fish which are more than the catch composition, permitted by a notice in respect of the area nor land more than that quantity. (6) The master of an Irish sea-fishing boat shall not, unless permitted by a notice, during the specified period in a notice cause or permit the boat to be used, in a specified area mentioned in the notice, for the trans-shipment of fish specified in the notice or cause or permit such boat to engage in trans-shipment operations at sea. (7) The master of an Irish sea-fishing boat— (a) before setting out on a voyage to fish for fish specified in a notice the fishing of which is restricted by the notice, shall, if required by the notice, inform a sea-fisheries protection officer of the expected port at which the fish is intended to be landed from the boat on completion of the voyage, (b) in a specified area mentioned in a notice before any entry into port or trans-shipment of fish from the boat, shall if required by the notice, inform a sea-fisheries protection officer of the time and location of the entry or trans-shipment, as the case may be, whether inside or outside the State and the quantity of fish concerned, and (c) shall if required by the notice not land the fish at any port or place, unless on each occasion a sea-fisheries protection officer has given prior approval of the landing. (8) A notice, specifying the date and time of its issue and the date from which it comes into force, not being a day earlier than the day after its first publication, shall be published, in such manner as the Minister considers appropriate and expedient in the circumstances (including electronic means, whether by electronic-mail, facsimile, the internet, or otherwise, or by publication in a newspaper published and circulating in the State or to organisations the Minister considers representative of the interests of persons engaged in sea-fishing). (9) Without prejudice to subsection (8), notice of the publication of a notice shall be made by publishing the notice in the Iris Oifigiúil. (10) A copy of the Iris Oifigiúil purporting to contain a notice may be produced in every court and in all legal proceedings and is evidence, unless the contrary is shown, of the notice. (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). Management and Regulation of State’s fishing opportunities and fishing effort — authorisations. 13.— (1) The Minister may, for the proper and effective management and conservation and rational exploitation of fishing opportunities and fishing effort for Irish sea-fishing boats under the common fisheries policy, at his or her discretion— (a) upon— (i) the application from, 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 (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, grant 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, charterer or hirer, as the case may be, 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, (k) requiring the keeping 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. Regulations to give effect to common fisheries policy. 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. National regulatory measures to supplement common fisheries policy. 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 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 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 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 ). Chapter 3 Sea-Fisheries Protection Officers — Detention of boats — Related offences Sea-fisheries protection officers. 16.— (1) Each of the following persons is, for the purposes of the Sea-Fisheries Acts 2003 and 2006, a sea-fisheries protection officer— (a) an officer of the Department authorised in that behalf by the Minister, (b) a person appointed under subsection (1), or authorised under subsection (2)(a), of section 51 , (c) a member of the Permanent Defence Forces (not below the rank of leading seaman or corporal) for the time being serving on board any ship, vessel or aircraft belonging to or employed in the service of the State, (d) a member of the Garda Síochána, and (e) an officer of Customs and Excise authorised in that behalf by the Revenue Commissioners. (2) The Minister may, in agreement with any body established by or under statute, authorise persons who are officers of that body to— (a) perform such functions of a sea-fisheries protection officer under this Act, or (b) assist a sea-fisheries protection officer in exercising such functions, in such circumstances or area, to such extent and subject to such conditions as he or she may specify in the authorisation. Powers of sea-fisheries protection officer related to the inspection, examination and detention of sea-fish, etc. 17.— (1) A sea-fisheries protection officer is authorised and empowered to do all or any of the following things, that is to say: (a) to stop any person conveying or believed to be conveying sea-fish of any kind and to inspect any sea-fish which the person is found to be conveying and for that purpose to open, search and examine any vehicle, equipment or package in which such sea-fish is or may be or is believed to be conveyed; (b) at all reasonable times, to enter upon or stop, as appropriate and have free access to the interior of— (i) any premises in which sea-fish is or is believed to be sold, or kept, exposed for sale, stored, processed or disposed of, (ii) the premises of any person engaged in the business of carrying goods which relate to the common fisheries policy, (iii) any pier, quay, wharf, jetty, dock or dock premises, seafood factory or processing facility or warehouse, (iv) any ship, boat, railway wagon, lorry, tanker, trailer or other vessel or vehicle used for the conveyance of goods, (v) the premises of any person engaged in the business of retaining documents containing information on activities relating to the common fisheries policy; (c) to examine all sea-fish found in any place which he or she is authorised by this section to enter and for that purpose to open any package found in such place and containing or believed to contain sea-fish; (d) to verify the accuracy of the information in any document or record which relates to the common fisheries policy; (e) to check the size, weight, characteristics and condition of sea-fish and the operation of any equipment used for the measurement, weighing, handling, storage, trans-shipment, transportation and processing of sea-fish; (f) to stop, board and examine or search, on any part of the sea or the sea shore, any boat used or believed to be used for fishing or containing illegally caught or retained sea-fish, and to examine all fish and all fishing gear and other equipment found on or in it, or used from it and for that purpose to open any package, hold, tank, container or other article which contains or is suspected of containing any fish, fishing gear or other such equipment; (g) to take, remove, and detain in his or her custody any sea-fish (either together with or without any package or container in which the fish may be contained) found in the course of the exercise of any of the powers conferred by this section in respect of which an offence under this Part is being or is suspected of being or to have been committed; (h) to take, remove, and detain in his or her custody any fishing gear or other equipment used in fishing or capable of being used for fishing or any article which is liable or is believed to be liable to forfeiture under this Part; (i) to request and take the name and address of the person having custody of any sea-fish or other article which he or she is authorised under this section to examine, and also to request and take from such person the name and address of the owner of such sea-fish or other article; (j) to require the owner of or any person connected with— (i) any premises referred to in paragraph (b)(i) and (ii) and (v), (ii) any pier, quay, wharf, jetty, dock or dock premises, seafood factory or processing facility or warehouse referred to in paragraph (b)(iii), or (iii) any ship, boat, railway wagon, lorry, tanker, trailer or other vessel or vehicle referred to in paragraph (b)(iv), to give to him or her such information and to produce to him or her such records within the power or procurement of that person as he or she may reasonably require relating to the common fisheries policy; (k) to examine and take the documents or records or copies of, or extracts from, such documents or records relating to the common fisheries policy; (l) take evidence, including photographic evidence or electronically recorded evidence, of anything relating to an offence under this Part which is being committed or suspected of being or having been committed. (2) When a sea-fisheries protection officer detains in his or her custody under this section any sea-fish or other article, he or she shall, as soon as conveniently may be, take such steps as may be proper to have the person accused of the alleged offence committed in relation to such sea-fish or other article dealt with according to law. (3) Where a sea-fisheries protection officer detains in his or her custody under this section any sea-fish and the sea-fish is likely to become unfit for human food before the matter can conveniently be dealt with by any court, he or she may produce the sea-fish to a designated officer (where he or she is not a designated officer), and, if authorised so to do by the designated officer, shall sell or otherwise dispose properly of the sea-fish. (4) Where a sea-fisheries protection officer detains in his or her custody under this section any live sea-fish, he or she may produce the sea-fish to a designated officer (where he or she is not a designated officer) and, if authorised so to do by the designated officer, shall return the sea-fish to the sea. (5) A designated officer to whom any sea-fish is produced under this section or which he or she has detained in his or her authority as a sea-fisheries protection officer shall, if he or she is of opinion that the sea-fish ought in the circumstances to be destroyed or returned to the sea, give to the sea-fisheries protection officer producing the sea-fish or create for himself or herself, as the case may be, a certificate in writing describing the sea-fish and any marks, peculiarities or other particulars thereof pointed out to him or her by the sea-fisheries protection officer and authorising the officer to destroy the sea-fish or return the sea-fish to the sea, as the case may be. The certificate shall be conclusive evidence in every court of all such matters of fact stated in it. (6) A sea-fisheries protection officer shall avoid the use of force except when and to the degree necessary to ensure the safety of the officer and where the officer is threatened, obstructed, intimidated or interfered with in exercising his or her duties. The degree of force shall not exceed that reasonably required in the circumstances. (7) A sea-fisheries protection officer, who is not in uniform, shall if requested by a person affected produce evidence of his or her authority. (8) A sea-fisheries protection officer when exercising any powers under this section may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of those powers. (9) In this section “designated officer” means an officer of the Department or such other person designated by the Minister to whom a sea-fisheries protection officer produces sea-fish for the purposes of this section. Powers of sea-fisheries protection officer relating to fishing boats. 18.— (1) A sea-fisheries protection officer, for the purposes of enforcing the Sea-Fisheries Acts 2003 and 2006 or a Community Regulation with respect to any sea-fishing boat within a port in the State, the exclusive fishery limits or (subject to Community law or international law) outside those limits, may— (a) if the boat is underway, order it to be stopped or be manoeuvred as directed for the purposes of identification or of allowing the officer to go on board it, (b) board the boat, (c) require the owner, master or member of the crew of the boat to produce the certificates of registry, licences, authorisations, logbooks or other records relating to the boat or any fishing gear or equipment thereon, the crew or any member of the crew, which are in his or her possession or control, and inspect and take extracts from or copies of them, (d) require the master of the boat to give an explanation concerning the boat or any fishing gear or equipment on it or concerning the boat’s fishing activity and the certificates, licences, authorisations, logbooks, or other records relating to it, (e) inspect the satellite-tracking device and any other positioning equipment on the boat and require the owner, master or member of the crew of the boat to demonstrate the operation of that equipment, for the purposes of verifying whether that equipment is operated properly, has not been tampered with or otherwise modified or interfered with and is protected against improper use, (f) search the boat (including any package, hold, tank, container or boat or other craft on board), (g) request and take the name and address of any person on board the boat, (h) request co-operation and assistance from the master or crew of the boat in relation to the inspection, examination and detention of the boat or any fishing gear, equipment or sea-fish on it, (i) if he or she reasonably suspects that there has been a contravention by any person on board the boat of this Part, without summons, warrant or other process— (i) if the boat is not in a port, take or instruct that the boat and all persons on board be taken to port or order the master of the boat to take the boat directly to a specified port, and pending the taking of the steps required by section 20 or 21 , as may be appropriate, detain the boat and the persons on board, or (ii) if the boat is in a port, detain the boat and the persons on board at the port or take it and them to a more convenient port and there detain it and them, pending (in either case) the taking of those steps. (2) A sea-fisheries protection officer shall avoid the use of force except when and to the degree necessary to ensure the safety of the officer and where the officer is threatened, obstructed, intimidated or interfered with in exercising his or her duties. The degree of force shall not exceed that reasonably required in the circumstances. (3) A sea-fisheries protection officer, who is not in uniform, shall if requested by a person affected produce evidence of his or her authority. (4) A sea-fisheries protection officer when exercising any powers under this section may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials (including firearms or other weapons (where he or she or any of those other persons is a member of the Defence Forces or the Garda Síochána)) to assist the officer in the exercise of those powers. (5) The master of a boat who fails to obey— (a) an order for the boat to be stopped or to be manoeuvred in accordance with directions, or (b) an instruction for the boat to be taken to a specified port, given by a sea-fisheries protection officer under this section commits an offence and is liable— (i) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months, or to both, or (ii) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 2 years, or to both. Detention of boats and persons on board when offences suspected. 19.— (1) Where a sea-fisheries protection officer has, in the exercise of the powers conferred on him or her by section 18 or by section 26(2)(e) of the Act of 2003, detained a boat and the persons on board the boat at a port, any sea-fisheries protection officer who suspects that a person on board the boat has committed an offence under a relevant provision shall (unless he or she is proceeding under section 21 ), as soon as may be, apply to a judge of the District Court for an order authorising the continued detention of the boat and those persons, and the judge may grant an order authorising such detention for a period of 48 hours if he or she is satisfied that the applicant sea-fisheries protection officer has such suspicion and it is reasonable. (2) Upon the expiration of the period of 48 hours— (a) the boat shall be released, unless an order or an application for an order providing for its further detention has been made under this section before the expiration of that period of 48 hours, and (b) each person on board the boat shall be released, unless an order providing for his or her further detention has been made under this section before the expiration of that period. (3) In this section “application for an order” includes mentioning to the court that an application will be made to the court. Detention of boats and persons charged or to be charged pending prosecution. 20.— (1) Where a sea-fisheries protection officer has in exercise of the powers conferred on him or her by section 18 or by section 26(2)(e) of the Act of 2003 detained a boat and the persons on board the boat at a port, any sea-fisheries protection officer shall, as soon as may be, bring the master of the boat and any other persons on board the boat against whom proceedings for an offence under a relevant provision have been or are about to be instituted before a judge of the District Court. (2) Subject to subsection (3), the judge shall, if he or she is satisfied that such proceedings have been or are about to be instituted against the master and those other persons or any one or more of them, by order, directed to a sea-fisheries protection officer, require the officer to detain at a specified port in the State the boat and each such person (including the master) in respect of whom he or she is satisfied that proceedings have been or are about to be instituted, until the proceedings have been determined. (3) The judge may order the release on bail of a person against whom such proceedings have been instituted before the proceedings have been determined. Detention of boats pending determination of any proceeding (including appeals) under relevant provision. 21.— (1) (a) Where— (i) a person is convicted by a judge of the District Court of an offence under a relevant provision or proceedings in relation to such an offence are dismissed by a judge of the District Court, and (ii) the boat, on which the person committed the offence or to which the proceedings related, has been detained under section 18 or section 26(2)(e) of the Act of 2003, the judge shall, by order directed to a sea-fisheries protection officer, require the officer in the event of an appeal from, or any other proceedings in relation to the order of the District Court or the order of any …