(7)Where a disclosure is made to the Authority or the Minister pursuant to subsection (1), particulars of the disclosure shall be recorded in the minutes of any meeting concerned or by the Minister by letter addressed to the Authority.
\n
(8)Where a person referred to in this section, other than a member of the Authority, fails to make a disclosure in accordance with this section, the Authority shall decide the appropriate action (including removal from office or termination of contract) to be taken.
\n
(9)Where a member of the Authority fails to make a disclosure in accordance with this section, the Minister shall decide the appropriate action (including removal from office) to be taken.
\n
Disclosure of confidential information.
\n
58.— (1) Save as otherwise provided by law, a person shall not disclose confidential information obtained by him or her while performing duties as a member of the Authority, member of the staff of the Authority or a consultant, adviser or other person engaged by the Authority, unless he or she is duly authorised to do so.
\n
(2)In this section, “ duly authorised ” means authorised by the Authority or by some person authorised in that behalf by the Authority for the purposes of this section.
\n
(3)A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 3 months, or to both.
\n
(4)(a) In this section, “confidential information” means that which is expressed by the Authority to be confidential either as regards particular information or as regards information of a particular class or description. (b) In expressing information to be confidential, the Authority shall have regard to the requirement to protect information of a confidential commercial nature.
\n
(5)Nothing in subsection (1) shall prevent the disclosure of information in a report made by or on behalf of the Authority to the Minister.
\n
(6)The Third Schedule to the Freedom of Information Act 1997 is amended by the insertion in Part I at the end thereof— (a) in column (2) of “Sea-Fisheries and Maritime Jurisdiction Act 2006”, and (b) in column (3) of “
\n
Section 58
\n
”.
\n
Superannuation of members of Authority.
\n
59.— (1) The Minister shall, with the consent of the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of a member of the Authority ceasing to hold office.
\n
(2)Every scheme made under this section shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme and different times and conditions may be fixed in respect of different classes of persons.
\n
(3)The Minister may, with the consent of the Minister for Finance, make a scheme amending or revoking a scheme under this section, including a scheme under this subsection.
\n
(4)If any dispute arises as to the claim of a member of the Authority to, or the amount of, any superannuation benefit payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance for determination by him or her.
\n
(5)A scheme under this section shall be carried out by the Minister in accordance with its terms.
\n
(6)No superannuation benefit shall be granted by the Minister to or in respect of any member of the Authority ceasing to hold office otherwise than in accordance with a scheme under this section or as otherwise may be approved of by the Minister with the consent of the Minister for Finance.
\n
(7)A scheme under this section shall be laid before each House of the Oireachtas by the Minister as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
\n
Superannuation of staff of Authority.
\n
60.— (1) The Authority shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such members of the staff of the Authority as it may think fit.
\n
(2)Every scheme made under this section shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme and different times and conditions may be fixed in respect of different classes of persons.
\n
(3)Every scheme made under subsection (1) may, with the consent of the Minister for Finance, be amended or revoked by a subsequent scheme prepared, submitted and approved under subsection (1).
\n
(4)A scheme made under subsection (1) submitted by the Authority to the Minister shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the Authority in accordance with its terms.
\n
(5)No superannuation benefits shall be granted by the Authority nor shall any other arrangements be entered into by the Authority for the provision of such a benefit to or in respect of a member of the staff of the Authority otherwise than in accordance with a scheme under subsection (1) or otherwise as may be approved of by the Minister with the consent of the Minister for Finance.
\n
(6)If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance for determination by him or her.
\n
(7)A scheme under this section shall be laid before each House of the Oireachtas by the Authority as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
\n
(8)Superannuation benefits granted under schemes under this section to persons who, immediately before the establishment day, were officers of the Minister and the terms and conditions relating to those benefits shall not be less favourable to those persons than those to which they were entitled immediately before that day.
\n
(9)Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who was transferred to the staff of the Authority under section 52 , the benefit shall be calculated by the Authority in accordance with such scheme, or such enactments in relation to superannuation, as applied to the person immediately before the establishment day and, for that purpose, his or her pensionable service with the Authority shall be aggregated with his or her previous pensionable service and shall be paid by the Authority.
\n
Resources made available by Minister to Authority.
\n
61.— (1) The Minister may make available to the Authority, on a request being made by the Authority, such staff, premises, equipment, services and other resources as the Minister may determine from time to time in consultation with the Minister for Finance.
\n
(2)The Authority shall, on request from the Minister, pay to the Minister such sum or sums as the Minister may specify to be the expenses incurred by the Minister in making available to the Authority such staff, premises, equipment, services and other resources under subsection (1).
\n
Grants to Authority.
\n
62.— (1) In each financial year there shall be paid to the Authority out of moneys provided by the Oireachtas a grant of such amount as the Minister, with the consent of the Minister for Finance and after consultation with the Authority in relation to its likely work programme and expenditure for the financial year (and after taking into account any other resources including monies available to the Authority), may sanction towards the expenses of the Authority in the due performance of its functions.
\n
(2)In determining the grant payable to the Authority under subsection (1), the Minister shall have regard to the obligations of the State under the common fisheries policy or other international agreement in so far as the due performance of the functions of the Authority is concerned.
\n
Fees.
\n
63.— (1) Subject to subsection (2), for the purpose of meeting expenses properly incurred by the Authority in the due performance of its functions under this Chapter, the Authority, with the consent of the Minister and the Minister for Finance, may make regulations imposing fees to be paid by such classes of persons as may be specified by the Authority in the regulations.
\n
(2)Regulations under subsection (1) may provide for the following— (a) rates of fee payable, (b) the keeping of records and the making of returns by persons liable to pay fees, (c) the collection and recovery of fees, and (d) such other matters as are necessary or incidental to the procurement of the payment of fees.
\n
(3)Fees shall be payable to the Authority at such time and at such rates as may be prescribed in regulations made by the Authority under subsection (1) and different rates may be prescribed in respect of different classes of persons liable to pay fees.
\n
(4)Fees payable under the regulations mentioned in Schedule 3 shall, on the establishment day, be payable to the Authority and may be altered by regulations under this section.
\n
(5)The Minister may, with the consent of the Minister for Finance, direct the Authority to pay into the Central Fund or the growing produce thereof, such sum as he or she may specify, being a sum that represents the amount by which the gross income received by the Authority in each financial year exceeds the gross expenditure incurred in the administration of its office in that year.
\n
(6)The Authority may recover, as a simple contract debt in any court of competent jurisdiction, from any person by whom it is payable any amount due and owing to it under this section (including fees payable under regulations mentioned in Schedule 3 ).
\n
(7)The Public Offices Fees Act 1879 does not apply to any fees payable under this section.
\n
Borrowings.
\n
64.— The Authority may, for the purpose of the performance of its functions, borrow money (whether on the security of its assets or otherwise), including money in a currency other than the currency of the State, but shall not do so without the consent of the Minister and the Minister for Finance.
\n
Accounts and annual report of Authority.
\n
65.— (1) The Authority shall keep in such form and in respect of such accounting periods as may be approved of by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of moneys received or expended by it, including an income and expenditure account and a balance sheet.
\n
(2)Accounts kept in pursuance of this section shall be submitted, not later than three months after the end of the financial year to which they relate, by the Authority to the Comptroller and Auditor General for audit and, immediately after the receipt of the Comptroller and Auditor General’s report on the accounts, a copy of the income and expenditure account, the balance sheet and of such other (if any) accounts kept pursuant to this section as the Minister, after consultation with the Minister for Finance, may direct and a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.
\n
(3)As soon as practicable, but not later than 3 months after the end of each financial year, the Authority shall, in writing, report to the Minister in relation to the performance of its functions in that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas within 3 months of its receipt by him or her.
\n
(4)The report under subsection (3) shall, in particular, indicate— (a) the extent to which the Strategy Statement of the Authority was implemented in that year, (b) the number of complaints made under section 49 in that year and the decision of the Authority in relation to the complaints, and (c) the results of any review by or on behalf of the Authority of the cost-effectiveness of its operations.
\n
(5)The Minister may give directions in writing to the Authority in regard to the format and content of a report under subsection (3), but such directions shall not require the Authority to include in such report details which could, in the opinion of the Authority, be prejudicial to the performance of its functions.
\n
(6)The Authority shall give to the Minister such information relating to the performance of its functions as the Minister may request provided that such information would not, in the opinion of the Authority, be prejudicial to the performance of its functions.
\n
(7)The financial year of the Authority shall be the period of 12 months ending on 31 December in any year and, for the purposes of this section and section 62 , the period commencing on the establishment day and ending on the following 31 December shall be deemed to be a financial year.
\n
Strategy Statement of Authority.
\n
66.— (1) The Authority shall adopt and submit to the Minister a statement of strategy within 6 months after the establishment day and at least every 3 years from the submission date of the first statement.
\n
(2)The statement of strategy shall— (a) comprise the key objectives, outputs and related strategies, including use of resources, of the Authority, (b) be prepared in a form and manner in accordance with any directions issued from time to time by the Minister, and (c) have regard to the need to ensure the most beneficial, effective and efficient use of the resources of the Authority.
\n
(3)The Authority shall publish a statement of strategy adopted by it and shall lay a copy before each House of the Oireachtas.
\n
Publication of reports of Authority.
\n
67.— Subject to section 65 , the Authority may publish any reports on matters related to its functions.
\n
Accountability of Authority to Committees of Oireachtas.
\n
68.— (1) The member of the Authority, or where there is more than one member of the Authority, the chairperson of the Authority, shall, whenever required by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, attend before and give evidence to that Committee on— (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which the Authority is required by or under statute to prepare, (b) the economy and efficiency of the Authority in the use of its resources, (c) the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and (d) any matter affecting the Authority referred to in a special report of the Comptroller and Auditor General under section 11
\n
(2)of the Comptroller and Auditor General (Amendment) Act 1993 , or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.
\n
(2)From time to time, and whenever so requested, the Authority shall account for the performance of the functions of the Authority to a Committee of one or both Houses of the Oireachtas and shall have regard to any recommendations of such Committee relevant to its functions.
\n
(3)In carrying out its duties under this section, the Authority shall not— (a) question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy, (b) provide information that might facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person, or (c) be required to account to a Committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.
\n
Premises of Authority.
\n
69.— The Authority may, for the purposes of providing premises necessary for the performance of its functions, purchase, lease, equip and maintain offices and other premises with the consent of the Minister and the Minister for Finance.
\n
Seal of Authority.
\n
70.— (1) The Authority shall, as soon as may be after its establishment, provide itself with a seal.
\n
(2)The seal shall be authenticated by the signature of— (a) a member of the Authority, or (b) a member of the staff of the Authority, authorised by the Authority to act in that behalf.
\n
(3)Judicial notice shall be taken of the seal of the Authority and every document purporting to be an instrument made by and to be sealed with the seal of the Authority (purporting to be authenticated in accordance with this section) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.
\n
Authority to keep itself informed on certain matters.
\n
71.— (1) The Authority shall keep itself informed of the policies, objectives, resolutions and guidelines of any public authority the functions of which have, or may have, a bearing on the matters with which the Authority is concerned.
\n
(2)In this section, “ public authority ” means the Minister, the Council and Commission of the European Communities and any other public authority inside or outside the State which, in the opinion of the Authority, has functions that have, or may have, a bearing on matters with which the Authority is concerned.
\n
Provision of services by Authority.
\n
72.— The Authority may provide services (including services of staff) to the Minister or to another person on such terms and conditions (including payment for such services) as may be agreed and the Minister or the other person concerned may avail of such services.
\n
Definitions (Chapter 5).
\n
73.— In this Chapter— “food safety law” means— (a) food legislation (within the meaning of section 2(1) of the Food Safety Authority of Ireland Act 1998 ) relating to the safety and hygiene of fish or fishery products, and (b) the legal obligations of the State in relation to fish or fishery products arising under any law of an institution of the European Communities or other international agreement which is binding on the State (whether or not such legal obligation is the subject of regulations under the Act of 1972 or any other enactment); “local authority” has the meaning assigned to it by the Local Government Act 2001 ; “sea-fisheries law” means— (a) the Sea-Fisheries Acts 2003 and 2006 and instruments made by the Minister under the Acts, and (b) the legal obligations of the State in relation to sea-fisheries arising under any law of an institution of the European Communities to give effect to the common fisheries policy or other international agreement which is binding on the State (whether or not such legal obligation is the subject of regulations under the Act of 1972 or any other enactment).
\n
Chapter 6
\n
Registration of sea-fishing boats and miscellaneous offences involving sea-fishing boats Register of Fishing Boats.
\n
74.— (1) The Register of Fishing Boats continues in existence as the Register of Fishing Boats (“Register”) for the purposes of this section and shall continue to be maintained by the Registrar General of Fishing Boats in such form as he or she considers appropriate (including in an electronic or other non-documentary form) and shall be revised or amended as he or she considers necessary from time to time.
\n
(2)There continues to be a registrar of fishing boats known as the Registrar General of Fishing Boats (“Registrar General”).
\n
(3)The Registrar General shall be appointed by the Minister who may remove him or her from office for stated reasons.
\n
(4)The Minister may appoint, and terminate for stated reasons the appointment of, a Deputy Registrar General of Fishing Boats (“Deputy Registrar General”) to act for or perform the functions of the Registrar General during any absence from duty or inability to act of the Registrar General or as the Registrar General may from time to time direct. References in this Chapter to the Registrar General shall be read as including references to the Deputy Registrar General.
\n
(5)The persons who immediately before the passing of this Act hold the position of Registrar General and Deputy Registrar General shall be the first Registrar General and Deputy Registrar General under this section.
\n
(6)There continue to be local registrars of sea-fishing boats for such ports as provided for in the Regulations of 2005 unless otherwise provided for in regulations under section 76 .
\n
Registration, lettering and numbering of sea-fishing boats.
\n
75.— (1) Subject to subsections (2) and (3), every Irish sea-fishing boat shall be entered in the Register and shall be lettered and numbered in accordance with regulations under section 76 and with any Community law, or other international obligations which are binding on the State, for the time being in force.
\n
(2)In the interests of the proper management of the capacity of Irish sea-fishing boats, in accordance with— (a) the requirements of the Community law, or other international obligations which are binding on the State, or (b) any regulations under section 76 , the Registrar General may enter a sea-fishing boat in the Register or remove it from the Register.
\n
(3)(a) A sea-fishing boat shall not be entered in the Register unless at the time of the entry there is in relation to the boat a sea-fishing boat licence 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. (b) A ship which is a sea-fishing boat shall not be registered under the Act of 1955 unless, at the time of registration, there is in relation to the ship a sea-fishing boat licence 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.
\n
(4)(a) A certificate of registration shall be issued in respect of a boat entered in the Register. (b) The certificate of registration shall be carried on board the boat in respect of which it is issued. (c) A certificate of registration issued in respect of a particular boat, or a certificate signed by the Registrar General that a boat specified in the certificate is not entered in the Register, is sufficient evidence that the boat is or is not registered, as the case may be.
\n
(5)(a) In any proceedings against the owner or skipper of or any person belonging to any boat entered in the Register, or for the recovery of damages for injury or loss caused by such boat, the Register shall be evidence (unless the contrary is shown) that the person entered in the Register at any date as the owner or owners of the boat was or were the owner or owners of the boat at that date and that the boat is an Irish sea-fishing boat. (b) Paragraph (a) does not— (i) prevent any proceedings being instituted against any person not so entered who is beneficially interested in the boat, (ii) affect the rights of the owners among themselves, or affect the rights of any owner entered in the Register against any person not so entered who is beneficially interested in the boat, or (iii) otherwise confer, take away or affect any title to or interest in any boat.
\n
(6)If an Irish sea-fishing boat is used for sea-fishing and— (a) is not entered in the Register, but is required to be so entered, (b) is entered in the Register, but there is not on board the boat the certificate of registration issued in respect of that boat (or a copy of that certificate), or (c) is not lettered and numbered in accordance with regulations under section 76 and Community law, or other international obligations which are binding on the State, applicable to the lettering and numbering of that boat, the master and the owner of the boat each commits an offence and is liable on summary conviction to a fine not exceeding €5,000.
\n
(7)If a sea-fishing boat required to be entered in the Register is not so entered, it shall not be entitled to any of the privileges or advantages of an Irish sea-fishing boat, but all obligations, liabilities and penalties with reference to that boat and the punishment of offences committed on board the boat, or by any persons belonging to it, and the jurisdiction of sea-fisheries protection officers or other officers and courts shall be the same as if the boat were entered in the Register.
\n
(8)For so long as a ship which but for subsection (3) would be required to be registered under the Act of 1955 is not so registered, section 18(3) of that Act applies to that ship as if it were required by section 18(1) of that Act to be so registered.
\n
Regulations.
\n
76.— The Minister may make regulations for the registration, lettering and numbering of sea-fishing boats so as to— (a) provide for a system of registry, lettering and numbering of sea-fishing boats and the making of details of registration available to the public, (b) define the boats or classes of boats to which the regulations or any of them are to apply and the exemption of any boats or classes of boats from the regulations or any of them, (c) provide further for the appointment, functions and removal of local registrars, (d) specify procedures for application for registration and for entry of a sea-fishing boat in the Register, (e) specify procedures and methods for determining the dimensions and tonnage of sea-fishing boats, (f) specify procedures for the removal of a sea-fishing boat from the Register, (g) make such provision as is necessary to ensure compliance with an obligation relating to the registration of sea-fishing boats, the marking and numbering of sea-fishing boats, the measurement of sea-fishing boats and the determination of the tonnage and engine power of sea-fishing boats imposed by or under Community law or other international obligations which are binding on the State, (h) require (with the consent of the Minister for Finance) the payment of such fee before an application for registration or removal of a sea-fishing boat from the Register can be considered, or (i) provide for any other necessary matters relating to the registration of sea-fishing boats and the removal of sea-fishing boats from the Register.
\n
Fees.
\n
77.— (1) Every fee received by the Department under section 76 shall be disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs.
\n
(2)The Public Offices Fees Act 1879 does not apply to a fee required under section 76 .
\n
Continuance of Regulations of 2005.
\n
78.— The Regulations of 2005, if in operation on the passing of this Act, continue in force as if made under section 76 .
\n
Miscellaneous offences involving sea-fishing boats.
\n
79.— (1) If a foreign sea-fishing boat is found within the exclusive fishery limits without having on board official papers evidencing the nationality of the boat, the master of the boat commits an offence.
\n
(2)If any sea-fishing boat within the exclusive fishery limits 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 Act of 1894, and applicable to the boat, the master and the owner of the boat each commits an offence.
\n
(3)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding €5,000.
\n
Definitions (Chapter 6).
\n
80.— In this Chapter— “certificate of registration” means a certificate signed by the Registrar General stating that the Irish sea-fishing boat to which it relates is entered in the Register; “ Regulations of 2005 ” means Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) Regulations 2005 ( S.I. No. 261 of 2005 ); “ sea-fishing boat licence ” means a licence granted under section 4 (inserted by section 97 ) of the Act of 2003.
\n
PART 3
\n
Maritime Jurisdiction (Including Exclusive Economic Zone and Exclusive Fishery Limits) of the State Definitions (Part 3).
\n
81.— In this Part— “ exclusive economic zone ” has the meaning given to it by or under section 87 ; “ exclusive fishery limits ” has the meaning given to it by section 88 ; “foreign ship” means a ship which is not an Irish ship (within the meaning of section 9 of the Act of 1955); “ internal waters ” has the meaning given to it by section 86 ; “ island ” means a naturally formed area of land surrounded by water which is above water at high water; “ low-tide elevation ” means a naturally formed area of land which is surrounded by and above water at low water but submerged at high water; “ nautical mile ” means the length of one minute of an arc of a meridian of longitude; “ ship ” includes every description of vessel used in navigation whether on or under the surface of the water, howsoever propelled, and also includes a seaplane while it is in contact with the water; “ territorial seas ” has the meaning given to it by section 82 .
\n
Territorial seas.
\n
82.— The territorial seas of the State is that portion of the sea which lies between the baseline and the outer limit of the territorial seas.
\n
Outer limit of territorial seas.
\n
83.— The outer limit of the territorial seas is the line every point of which is at a distance of 12 nautical miles from the nearest point of the baseline.
\n
Contiguous zone.
\n
84.— (1) The contiguous zone of the State is that portion of the sea not included in the territorial seas of the State which lies between the baseline and the outer limit of the contiguous zone.
\n
(2)The outer limit of the contiguous zone is the line every point of which is at a distance of 24 nautical miles from the nearest point of the baseline.
\n
(3)The State may exercise in the contiguous zone such rights and duties as are provided for in international law.
\n
Baseline.
\n
85.— (1) Save as otherwise provided, the baseline is low-water mark— (a) on the coast of the mainland or of any island, or (b) on any low-tide elevation situated wholly or partly at a distance not exceeding 12 nautical miles from the mainland or an island.
\n
(2)The Government may by order (which they may by order revoke or amend) prescribe straight baselines in relation to any part of the State and the closing line of any bay or mouth of a river, and any line so prescribed shall be taken as the baseline.
\n
(3)The Maritime Jurisdiction Act 1959 (Straight Baselines) Order 1959 ( S.I. No. 173 of 1959 ), if in operation on the passing of this Act, continues in force as if made under this section.
\n
Internal waters.
\n
86.— The internal or inland waters of the State extend to all sea areas which lie on the landward side of the baseline of the territorial seas and all such sea areas shall be subject to the jurisdiction of the State to the same extent in all respects as its ports and harbours, bays, lakes and rivers, subject to any right of innocent passage for foreign ships in those sea areas which previously had been considered as part of the territorial seas or of the high seas.
\n
Exclusive economic zone of State.
\n
87.— (1) The exclusive economic zone of the State is the area beyond and adjacent to the territorial seas subject to the specific legal regime established in Part V of the United Nations Convention on the Law of the Sea (“Convention”), done at Montego Bay on 10 December 1982, the text of which, in the English language, is, for convenience of reference, set out in Schedule 2 .
\n
(2)Subject to subsection (3), the outer limit of the exclusive economic zone is the line every point of which lies at a distance of 200 nautical miles from the nearest point of the baseline.
\n
(3)Where because of the proximity of a similar maritime zone of another state the outer limit of the exclusive economic zone specified in subsection (2) cannot be applied, the boundary of the exclusive economic zone is the equitable equidistant line between the State and the other state. The Government may by order (which they may by order revoke or amend) prescribe the co-ordinates of latitude and longitude of the appropriate equitable equidistant line or lines.
\n
(4)In the exclusive economic zone the State has— (a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds, (b) jurisdiction as provided for in the relevant provisions of the Convention with regard to— (i) the establishment and use of artificial islands, installations and structures, (ii) marine scientific research, and (iii) the protection and preservation of the marine environment, and (c) other rights and duties provided for in international law.
\n
Exclusive fishery limits of State.
\n
88.— For the purposes of
\n
Part 2
\n
, the exclusive fishery limits of the State comprise all seas that lie inside the outer limit of the exclusive economic zone.
\n
Jurisdiction in case of offence.
\n
89.— (1) Every offence committed within the territorial seas or internal waters is an offence within the jurisdiction of the State and may be dealt with by a court of competent jurisdiction although committed on board or by means of a foreign ship and a person who commits such offence may be arrested, tried and punished accordingly.
\n
(2)For the purpose of arresting any person charged with an offence declared by this section to be within the jurisdiction of the State, the territorial seas and internal waters shall be deemed to be within the jurisdiction of any court or judge having power within the State to issue warrants for the arrest of persons charged with offences committed within the jurisdiction of such court or judge.
\n
Prosecution of non-national for offence on foreign ship.
\n
90.— (1) Proceedings (other than the taking of depositions) for the prosecution of a non-national for an offence alleged to have been committed in the territorial seas on board or by means of a foreign ship shall not be instituted without the certificate of the Minister for Foreign Affairs that the institution of the proceedings is in his or her opinion expedient.
\n
(2)This section does not apply to an offence under— (a) the Dumping at Sea Acts 1996 to 2006, (b) the Maritime Security Act 2004 , (c) the Sea-Fisheries Acts 2003 and 2006, or (d) the Sea Pollution Acts 1991 to 1999.
\n
Saving as to jurisdiction.
\n
91.— Nothing in this Part shall be read to be in derogation of any jurisdiction enjoyed by the State under international law or conferred on it by Community law, or to affect or prejudice such jurisdiction or any jurisdiction conferred upon it by any other enactment or now by law existing.
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Evidence as to extent of internal waters, territorial seas, exclusive economic zone and exclusive fishery limits.
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92.— (1) The Government may by order (which they may by order revoke or amend) prescribe the charts which may be used for the purpose of establishing low-water mark, or the existence and position of any low-tide elevation, or any other matter in reference to the internal waters, the territorial seas, the exclusive economic zone or the exclusive fishery limits, and any chart purporting to be a copy of a chart of a kind or description so prescribed shall, unless the contrary is proved, be received in evidence as being a prescribed chart without further proof.
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(2)The Maritime Jurisdiction Act 1959 (Charts) Order 1959 ( S.I. No. 174 of 1959 ), if in operation on the passing of this Act, continues in force as if made under this section.
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Adaptation of enactments.
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93.— (1) References in any enactment to sea areas and waters within 3 miles, 3 nautical miles, or one league of the coast or shore and cognate expressions shall be construed as references to sea areas and waters lying within the outer limit of the territorial seas.
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(2)For the purposes of any other enactment the territorial seas shall be taken to comprise the sea area to which section 82 applies.
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(3)
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Section 2
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of the Wildlife Act 1976 is amended by substituting for the definition of “the territorial seas of the State” the following: “ ‘territorial seas of the State’ means the portion of the sea which is defined by section 82 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 as the territorial seas of the State;”.
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(4)
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Section 3
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of the Sea Pollution Act 1991 is amended by substituting for subsection (2A) (inserted by section 13 of the Sea Pollution (Amendment) Act 1999 ) the following: “(2A) A reference in this Act to the State includes a reference to— (a) the inland waters of the State, (b) the territorial seas of the State, and the seabed and subsoil beneath those seas, and (c) the exclusive economic zone of the State (within the meaning of section 87 of the Sea-Fisheries and Maritime Jurisdiction Act 2006).”.
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(5)
\n
Section 117
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of the Patents Act 1992 is amended by substituting “ section 86 of the Sea-Fisheries and Maritime Jurisdiction Act 2006” for “ section 5 of the Maritime Jurisdiction Act 1959 ”.
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(6)Section 36(4) of the Criminal Justice Act 1994 is amended by substituting “
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Section 90
\n
of the Sea-Fisheries and Maritime Jurisdiction Act 2006” for “
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Section 11
\n
of the Maritime Jurisdiction Act 1959 ”.
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(7)
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Section 1
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of the Sea Pollution (Amendment) Act 1999 is amended by substituting for subsection (2) the following: “(2) A reference in this Act to the State includes a reference to— (a) the inland waters of the State, (b) the territorial seas of the State, and the seabed and subsoil beneath those seas, and (c) the exclusive economic zone of the State (within the meaning of section 87 of the Sea-Fisheries and Maritime Jurisdiction Act 2006).”.
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(8)Sections 185 and 290 of the Copyright and Related Rights Act 2000 are each amended, in paragraph (a)(ii), by substituting “ section 86 of the Sea-Fisheries and Maritime Jurisdiction Act 2006” for “ section 5 of the Maritime Jurisdiction Act 1959 ”.
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(9)
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Section 2
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of the Sea Pollution (Hazardous Substances) (Compensation) Act 2005 is amended by substituting for subsection (2) the following: “(2) A reference in this Act to the State includes a reference to— (a) the inland waters of the State, (b) the territorial seas of the State, and the seabed and subsoil beneath those seas, and (c) the exclusive economic zone of the State (within the meaning of section 87 of the Sea-Fisheries and Maritime Jurisdiction Act 2006).”.״ Laying of orders before Houses of Oireachtas.
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94.— Every order made by the Government under this Part shall be laid before each House of the Oireachtas as soon as may be after it is made and (except in the case of an order made under section 92
\n
(1)), if a resolution annulling the order is passed by either House within the next 21 days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.
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PART 4
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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
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Chapter 1
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Trial of Offences Provisions in relation to cases in District Court.
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95.— Section 309 of the Principal Act is amended by substituting for subsection (1) (inserted by section 49 of the Fisheries Act 1980 ) the following: “(1) Notwithstanding anything contained in any other enactment, an offence under the Fisheries Acts 1959 to 2006, other than the Sea-Fisheries Acts 2003 and 2006, may be heard and determined in a summary way by a judge of the District Court upon the complaint, verbal or otherwise, of a member of the Garda Síochána, the Central Board, a regional board, an officer or employee of a board, a private waterkeeper (within the meaning of Part XVIII) or any other person.”.
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Prosecution of summary offences — Fisheries Acts 1959 to 2006.
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96.— (1) Proceedings for an offence under the Fisheries Acts 1959 to 2006 may be prosecuted summarily by the Minister.
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(2)This section does not apply to the Sea-Fisheries Acts 2003 and 2006.
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Chapter 2
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Licensing of sea-fishing boats and miscellaneous amendments to Act of 2003 Sea-fishing boat licences.
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97.— (1) The following section is substituted for section 4 of the Act of 2003: “4.— (1) This section applies to any Irish sea-fishing boat.
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(2)A sea-fishing boat to which this section applies shall not be used for sea-fishing (whether within the exclusive fishery limits of the State or otherwise) nor shall a person on board such a boat fish for sea-fish or attempt so to fish, save under and in accordance with a licence (‘sea-fishing boat licence’) granted or renewed for the purposes of this section and in relation to the boat by the licensing authority.
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(3)(a) The licensing authority may grant sea-fishing boat licences for such period as is specified in the licence. (b) An application for a sea-fishing boat licence shall be— (i) made to the licensing authority, (ii) in such form and contain such particulars as the licensing authority may specify, and (iii) made by or on behalf of the owner of the boat in respect of which the application is made. (c) Where an application is made for a sea-fishing boat licence, the licensing authority may, subject to subsection (5), allow or refuse the application. (d) In deciding on the grant or refusal of a sea-fishing boat licence or the attachment of terms and conditions to licences the licensing authority may take account of economic and social benefits which the operation of a boat would be likely to contribute to the coastal communities and regions which the quotas within the meaning of Council Regulation No. 2371/2002 of 20 December 2002 3 are designed to benefit, including— (i) the projected annual number of landings at ports in the State, (ii) the projected annual tonnage and value of fish landed in the State, (iii) the projected annual level of expenditure in the State on wages, fuel, supplies, equipment and services, and (iv) the projected annual level of social security and tax payments in the State in respect of employees and the operation of the boat, and the protection, conservation and sustainable exploitation of living marine aquatic species and requirements of the Common Fisheries Policy of the European Communities.
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(4)(a) The licensing authority may renew a sea-fishing boat licence, without the holder or the licensee making an application under subsection 3(b), for such period or periods as he or she may consider appropriate. (b) Section 7 of this Act does not apply to the renewal of a licence under paragraph (a).
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(5)The licensing authority shall not grant a sea-fishing boat licence unless the sea-fishing boat in relation to which the licence is granted is wholly owned by a national of a Member State or a state belonging to the European Economic Area or a body corporate established under and subject to the law of a Member State and having its principal place of business in a Member State or a state belonging to the European Economic Area.
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(6)Where a sea-fishing boat is owned by a body corporate, the name, address and nationality of the beneficial owner or owners of the shares in, or of the person or persons who otherwise controls or control, the body corporate, shall be given to the licensing authority— (a) on application for a sea-fishing boat licence in respect of the boat, or (b) where a sea-fishing boat licence is in force in respect of the boat, if there is any change in such ownership or control.
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(7)(a) A body corporate which is applying for a sea-fishing boat licence or holds a sea-fishing boat licence must have an agent in the State and give the licensing authority the name and address of the agent and details of contacting the agent at any time by or on behalf of the licensing authority. (b) The licensing authority may, as the case may be, refuse to grant or suspend (for such period as he or she sees fit) or revoke a sea-fishing boat licence where he or she considers that a body corporate is not complying with paragraph (a) to the satisfaction of the authority.
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(8)(a) The licensing authority may attach to a sea-fishing boat licence such terms (including terms specifying an event or other circumstances on the occurrence of which the licence is to come into force or cease to be in force) and conditions (including conditions precedent to the licence’s becoming operative) as he or she shall think fit and he or she may also attach further terms or conditions to or vary the terms or conditions already attached to such a licence or remove any such terms or conditions. (b) Without prejudice to the generality of paragraph (a), a term or condition attached to a sea-fishing boat licence may— (i) restrict sea-fishing by the boat to which the licence relates in a manner specified in the term or condition, (ii) require that for so long as the licence is in force the members of the crew of such boat, or of any proportion of such members specified in the condition, shall be of a nationality specified in the term or condition, or (iii) specify an event or other circumstance on the occurrence of which the licence shall cease to be in force. (c) Where the licensing authority is satisfied that a person has fished in contravention of a term or condition attached to a sea-fishing boat licence or that a person has attempted so to fish, the licensing authority may, if he or she thinks fit, revoke or suspend (for such period as he or she sees fit) the licence.
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(9)(a) It is a condition of a sea-fishing boat licence that the licensee shall ensure that the licensed boat complies with requirements specified by or under the Merchant Shipping Acts 1894 to 2005. (b) Where by or under the Merchant Shipping Acts 1894 to 2005 a survey is required to be carried out of a sea-fishing boat for the purpose of establishing whether or not such boat complies with the requirements specified by or under those Acts, the licensing authority shall not grant or renew a sea-fishing boat licence in respect of the boat unless the licensing authority is satisfied that the boat complies with such requirements. (c) Where a code of practice published by the Minister for Transport relating to the safety and sea-worthiness of sea-fishing boats of a class to which paragraph (b) does not apply requires a survey to be carried out of a sea-fishing boat of such class for the purpose of establishing whether or not such boat complies with the requirements specified in the code of practice, the licensing authority shall not grant or renew a sea-fishing boat licence in respect of the boat unless a declaration of compliance with the code of practice has been provided to the licensing authority.
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(10)(a) The holder of a sea-fishing boat licence suspended or revoked under subsection (7)(b) or (8)(c) shall, as soon as practicable, surrender the licence to the licensing authority. (b) A person who fails to comply with paragraph (a) of this subsection commits an offence and is liable on summary conviction to a fine not exceeding €500. (c) Where a licence has been suspended under subsection (7)(b) or (8)(c) the District Court may, upon application to it, direct the licensing authority to re-issue and return the licence or it may reduce the period of suspension.
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(11)Without prejudice to the generality of subsection (3)(c) where the licensing authority receives an application for a sea-fishing boat licence and— (a) the application relates to a sea-fishing boat which is owned by a body corporate and the licensing authority is not satisfied that the body corporate is under the control of, beneficially owned by or under the control of and beneficially owned by a person or persons who, or, as may be appropriate, each of whom, is either a qualified individual or a qualified body, or (b) the licensing authority is satisfied that the applicant has previously used or attempted to use a sea-fishing boat for sea-fishing in contravention of, or that the applicant has fished for sea-fish or has attempted so to fish contrary to, subsection (2), he or she may refuse the application.
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(12)(a) Where the holder of a sea-fishing boat licence— (i) ceases to be the owner of the sea-fishing boat to which the licence relates, or (ii) is a body corporate which ceases to be under the control of or beneficially owned by or under the control of and beneficially owned by a person or persons who, or, as may be appropriate, each of whom, is either a qualified individual or a qualified body, the licence ceases to have effect and the holder of the licence shall, as soon as practicable, deliver the licence to the licensing authority. (b) A person who fails to comply with paragraph (a) commits an offence and is liable on summary conviction to a fine not exceeding €500.
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(13)(a) A person who uses or attempts to use a sea-fishing boat in contravention of subsection (2) commits an offence. (b) A person who, while on board a sea-fishing boat, fishes for sea-fish or attempts to so fish in contravention of subsection (2) commits an offence.
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(14)In this section— ‘Irish sea-fishing boat’ means a sea-fishing boat which is— (a) entered in the Register of Fishing Boats maintained under section 74 of the Sea-Fisheries and Maritime Jurisdiction Act 2006, (b) required by regulations under section 76 of that Act to be so entered, or (c) exempt from such registration by regulations under that section; ‘ qualified body ’ means a body corporate in which all of the shares are beneficially owned, or the body is otherwise controlled, by one or more individuals who, or, as may be appropriate, each of whom is, a qualified individual; ‘ qualified individual ’ means an individual person who is a national of a Member State or a state belonging to the European Economic Area; ‘ licensing authority ’ has the meaning assigned to it by section 3; ‘ Member State ’ means a Member State of the European Communities.’’.
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(2)A sea-fishing boat licence granted or renewed under section 222B of the Principal Act which is in force immediately before the passing of this Act continues in force as if made or renewed under the corresponding provision of section 4 (inserted by this section) of the Act of 2003.
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Tax clearance certification requirement for applicants for sea-fishing boat licences.
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98.— (1) The following section is inserted after section 5 of the Act of 2003: “5A.— (1) A sea-fishing boat licence shall not be granted by the licensing authority unless the applicant produces to the licensing authority a tax clearance certificate.
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(2)In this section ‘ tax clearance certificate’ means a tax clearance certificate issued under section 1095 (inserted by section 127 of the Finance Act 2002 ) of the Taxes Consolidation Act 1997 .”.
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(2)This section comes into operation on such day as the Minister may appoint by order. That order shall be laid before each House of the Oireachtas as soon as may be after it is made.
\n
Miscellaneous amendments to Act of 2003.
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99.— The Act of 2003 is amended— (a) in section 2(1) by substituting “section 4(3)” for “section 222B(3) of the Principal Act”, (b) in section 3— (i) by substituting for subsection (3) the following: “(3) A policy directive given under subsection 2(b) may provide for measures to control and regulate the capacity, structure, equipment, use and operation of sea-fishing boats for the purpose of protecting, conserving or allowing the sustainable exploitation of living marine aquatic species or the rational management of fisheries, in furtherance of national policy objectives and to comply with requirements of the common fisheries policy of the European Communities or other international obligations which are binding on the State.”, (ii) in subsection (6), by substituting “section 4” for “section 222B of the Principal Act”, (iii) in subsection (9)(a), by substituting “section 4(3)” for “section 222B(3) of the Principal Act”, (iv) in subsection (9)(b), by substituting “section 4(3)” for “section 222B(3) (inserted by section 4)”, (v) by inserting after subsection (9) the following: “(9A) The licensing authority is not liable in any proceedings for anything done in good faith in the purported exercise of his or her powers in relation to granting or renewing sea-fishing boat licences or maintaining the Register of Fishing Boats.”, and (vi) in section 3(10), by substituting “ section 74 of the Sea-Fisheries and Maritime Jurisdiction Act 2006” for “Regulation 5 of the Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) Regulations 1997 ( S.I. No. 294 of 1997 )”, (c) in section 5— (i) by substituting for paragraph (b) of subsection (1) the following: “(b) an authorisation under section 13 or a licence, authorisation or permit under any regulation made under section 14 or 15 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 or section 25 of the 2003 Act,”, (ii) by substituting for paragraph (b) of subsection (2) the following: “(b) an authorisation under section 13 or a licence, authorisation or permit under any regulation made under section 14 or 15 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 or section 25 of the 2003 Act,”, (iii) in subsection (4), by substituting “licensing authority, the Minister or an appeals officer” for “licensing authority or the Minister”, and (iv) by inserting after subsection (6) the following: “(7) The Public Offices Fees Act 1879 does not apply to a fee prescribed under this section.”, (d) in section 6, by substituting for subsection (4) the following:
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“(4) A policy directive given under subsection 3(b) may provide for measures to control and regulate the capacity, structure, equipment, use and operation of sea-fishing boats for the purpose of protecting, conserving or allowing the sustainable exploitation of living marine aquatic species or the rational management of fisheries, in furtherance of national policy objectives and to comply with requirements of the common fisheries policy of the European Communities or other international obligations which are binding to the State.”, (e) in section 7(1), by substituting for paragraph (b) the following: “(b) A person other than the applicant for or holder of the licence concerned may only appeal under paragraph (a) if he or she made representations in writing to the licensing authority before the expiration of a period of one month beginning on the date on which the application for the licence concerned was published by the licensing authority in accordance with section 3(8).”, (f) in section 9(2)(a), by substituting “section 4” for “section 222B of the Principal Act”, (g) in section 25, by substituting for subsection (3) the following: “(3) A person who fishes or attempts to fish in contravention of any conservation regulation commits an offence.”, (h) in section 27, by substituting for subsection (5) the following: “(5) A person who fails to comply with subsection (3)(a) commits an offence.”, (i) in section 29(1), by substituting “under a section specified in a Table to section 28 of the Sea-Fisheries and Maritime Jurisdiction Act 2006” for “under section 221, 222, 222A, 222B, 222C, 223, 223A, 224B, 226 or 227 of the Principal Act, a conservation regulation or section 27(5)”, (j) in section 32, by inserting after subsection (6) the following: “(6A) The Public Offices Fees Act 1879 does not apply to a fee prescribed under this section.”, and (k) in paragraph 7(d) of Schedule 1, by substituting “section 4” for “section 222B of the Principal Act”.
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Chapter 3
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Mercantile Marine Amendment of Act of 1955.
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100.— The Act of 1955 is amended— (a) by inserting after section 16 the following: “Persons qualified to own registered sea-fishing ships.
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16A.— (1) Section 16 of this Act does not apply to sea-fishing ships.
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(2)Subject to section 19 of this Act respecting reciprocating states, the following shall alone be qualified to own a registered sea-fishing ship or a share in it— (a) the Government, (b) a Minister of the Government, (c) a national of a Member State, or (d) a body corporate established under and subject to the law of a Member State and having its principal place of business in a Member State.
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(3)Every ship to which the provisions of subsection (2) apply shall be registered under this Act unless the ship is exempt under section 18(2) of this Act from the obligation to so register.
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(4)In this section, ‘ Member State’ means a Member State of the European Communities.”, (b) in section 18(2), by inserting after paragraph (d) the following: “(e) a sea-fishing boat of less than 15 metres in length overall and required to be registered in the Register of Fishing Boats maintained under section 74 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 or exempt from such registration by regulations under section 76 of that Act.”, and (c) in section 19— (i) by inserting after subsection (2) the following: “(2A) Notwithstanding subsection (2) of this section, the Government may by order provide that the citizens, subjects or nationals of a state declared under subsection (1) of this section to be a reciprocating state or bodies corporate established under and subject to the laws of that state shall— (a) be qualified to own only a registered ship (or a share in it) which is of a particular class or description specified in the order, or (b) not be qualified to own a registered ship (or a share in it) which is of a class or description so specified, and subsection (2) of this section is to be construed and have effect subject to the terms of the order.”, and (ii) subsection (3), by deleting “subsection (1) of”.
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Chapter 4
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Aquaculture Miscellaneous amendments to Fisheries (Amendment) Act 1997— aquaculture.
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101.— The Fisheries (Amendment) Act 1997 is amended— (a) in section 6(2), by substituting— (i) “€300” for “£200”, and (ii) “€2,000” for “£1,000”, (b) in section 10, by substituting for subsection (4) (inserted by Regulation 17 of the European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 ( S.I. No. 93 of 1999 )) the following: “(4) Where the submission to the Minister of an environmental impact statement is required under regulations made under subsection (3)(d) in respect of an application for a licence, the Minister, if requested by the applicant, shall, after consultation with such persons as the Minister considers appropriate, give a written opinion to the applicant of the information to be contained in the statement, before the applicant submits the statement.”, (c) by inserting after section 19 the following: “Renewal of licence after its expiration.
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19A.— (1) The power of the licensing authority to renew or to further renew an aquaculture licence under section 19 is exercisable notwithstanding the expiration of the period for which the licence was granted or renewed.
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(2)Where, prior to the passing of the Sea-Fisheries and Maritime Jurisdiction Act 2006, an aquaculture licence has been renewed or further renewed after the expiration of the period for which the licence was granted or renewed, such renewal shall be and be deemed always to have been as valid and effectual as if the licence had been renewed or further renewed on the expiration of the period in question.
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(3)If, because of the validation expressed to be effected by subsection (2), that subsection would, but for this subsection, conflict with a constitutional right of any person, the validation shall be subject to such limitation as is necessary to secure that it does not so conflict but shall be otherwise of full force and effect.
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(4)A licensee who has applied for the renewal or further renewal of an aquaculture licence shall, notwithstanding the expiration of the period for which the licence was granted or renewed but subject otherwise to the terms and conditions of the licence, be entitled to continue the aquaculture or operations in relation to aquaculture authorised by the licence pending the decision on the said application.”, (d) in section 34, by substituting for subsection (6) the following: “(6) Where the Minister is satisfied that a member of the Board has failed to comply with subsection (1), the Minister may, if he or she thinks fit, remove that member from office or take such other action as he or she considers appropriate and, in case a person is removed from office pursuant to this subsection, he or she shall thereafter be disqualified from membership of the Board.
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(7)Where the Board is satisfied that a person who is not a member of the Board has failed to comply with subsection (1), the Board shall decide the appropriate action (including removal from office or termination of contract) to be taken.
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(8)For the purposes of this section a person shall not be regarded as having an interest in any matter by reason only of an interest of that person, or of any company in which he or she has an interest, which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question relating to the matter, or in performing any function in relation to that matter.”, (e) in section 57(6), by substituting “€600” for “£500”, (f) in section 65— (i) by substituting for subsection (2) the following: “(2) A person guilty of an offence under subsection (1), section 6(1), 20 or 67(2) is liable— (a) on summary conviction, to a fine not exceeding €5,000, or (b) on conviction on indictment, to a fine not exceeding €250,000. (2A) A person guilty of an offence (other than an offence under a provision mentioned in subsection (2) or under section 6(2) or 57(6)) is liable on summary conviction to a fine not exceeding €2,000.”, and (ii) by inserting after subsection (3) the following: “(4) Notwithstanding section 10
\n
(4)of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under subsection (1) or section 6(1) may be instituted within 12 months from the date on which the offence was committed.”, (g) by inserting after section 65 the following: “Offence by body corporate, etc.
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65A.— Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or on behalf of an unincorporated body of persons and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any other person who, when the offence was committed, was, or purported to act as, a director, manager, secretary or other officer (including a member of such body) such other person as well as the body, or the person so purporting to act on behalf of the body, is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
\n
Prosecutor may appeal dismissal of proceedings in District Court.
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65B.— (1) Where any proceedings tried summarily in the District Court for an offence under this Act are dismissed, whether on the merits or without prejudice, the prosecutor may appeal against the order of dismissal to the judge of the Circuit Court within whose Circuit the courthouse in which the order was made is situated.
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(2)The judge of the Circuit Court on an appeal under subsection (1) may vary, confirm or reverse the order and his or her decision is final and conclusive and not appealable.”, (h) by inserting after section 67 the following: “Reduction in licensed area, etc.
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67A.— The Minister may, on the application of a licensee and subject to such conditions (if any) as the Minister may consider appropriate in the circumstances and specifies in writing, reduce the area or permitted aquaculture or both to which the licensee’s licence relates, absolutely or for such period as the Minister specifies in writing and the licence shall have effect and be noted accordingly in the register of licences maintained under section 78.
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Permission of use of novel or experimental equipment by licensee.
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67B.— The Minister may, on the application of a licensee and subject to such conditions (if any) as the Minister may consider appropriate in the circumstances and specifies in writing, permit the licensee to use novel or experimental equipment within the licensed area for such period as the Minister specifies in writing. Such permission shall be granted only if the Minister is satisfied that the use of the novel or experimental equipment will have no greater environmental or visual impact than that which existed prior to the introduction and use of such equipment and shall be noted in the register of licences maintained under section 78.”, (i) in section 68(1) and (2), by deleting “and section 69(2)”, and (j) by substituting for section 69 the following: “Cesser of aquaculture licences in certain circumstances.
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69.— (1) (a) Subject to paragraph (b), where aquaculture in respect of which a licence has been granted has not commenced within 2 years after the date on which the licence was granted, the licence ceases to have effect. (b) A licensee, who considers that there are exceptional reasons why aquaculture, in respect of which a licence has been granted to the licensee, has not been commenced or cannot commence within the period specified in paragraph (a), may apply to the Minister, giving those reasons, for a determination that the licence concerned shall not cease to have effect. (c) The Minister may, at his or her discretion, having considered the reasons given by the licensee under paragraph (b), determine whether or not the licence shall cease to have effect. The determination of the Minister is final.
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(2)(a) Subject to paragraph (b), where aquaculture in respect of which a licence has been granted has ceased for a continuous period of 2 years, the Minister shall, without compensation to the licensee, revoke the licence. (b) A licensee, who considers that there are exceptional reasons why aquaculture, in respect of which a licence has been granted to the licensee, has ceased or is likely to cease for the period referred to in paragraph (a), may apply to the Minister, giving those reasons, for a determination not to revoke the licence. (c) The Minister may, in his or her discretion, having considered the reasons given by the licensee under paragraph (b), determine whether or not to revoke the licence. The determination of the Minister is final. (d) This subsection is deemed to have come into operation on 30 June 1998.”.
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Chapter 5
\n
Fishery Harbour Centres Amendment of section 4 of Fishery Harbour Centres Act 1968.
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102.—
\n
Section 4
\n
of the Fishery Harbour Centres Act 1968 is amended by— (a) inserting the following subsection after subsection (2): “(2A) (a) Any ship or boat in respect of which any rate, toll or other charge payable pursuant to an order under subsection (2)(b) is in arrears may not be disposed of without the consent of the Minister. (b) A reference in this subsection and in subsection (2) to a ship or boat includes the capacity of it.”, and (b) deleting subsection (8).
\n
Chapter 6
\n
Dumping at Sea Amendment of Dumping at Sea Act 1996.
\n
103.— The Dumping at Sea Act 1996 is amended— (a) in section 1— (i) by inserting the following definitions: “ ‘exclusive economic zone of the State’ and ‘inland waters and territorial seas of the State’ have the meanings assigned by
\n
Part 3
\n
of the Sea-Fisheries and Maritime Jurisdiction Act 2006;”, (ii) by substituting for the definition of “the maritime area” the following: “ ‘ the maritime area ’ comprises— (I) the inland waters and territorial seas of the State, and the seabed and subsoil beneath them, (II) any area for the time being standing designated by order under section 2 of the Continental Shelf Act 1968 for the purposes of that Act, and the waters above it, and (III) the exclusive economic zone of the State;”, and (iii) by deleting the definition of “territorial seas of the State”, (b) in section 6(1), by substituting for paragraph (f) the following: “(f) Every 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 shall be an authorised officer for the purposes of this Act.”, (c) in section 10(2)(b), by inserting after “Attorney General” the following: “or the Director of Public Prosecutions, from the day appointed by an order made under section 12 (inserted by section 103 of the Sea-Fisheries and Maritime Jurisdiction Act 2006) of this Act,”, and (d) by inserting the following section after section 11: “Prosecution of offences by DPP.
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12.— (1) The Government, on the request of the Attorney General, may by order appoint a day from which the Director of Public Prosecutions, subject to subsection (2), is the prosecutor, in lieu of the Attorney General, of offences under this Act. That order shall be laid before each House of the Oireachtas as soon as may be after it is made.
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(2)Any proceedings which have been instituted in the name of the Attorney General before the commencement of an order under subsection (1) are still pending and have not been determined before that commencement continue in the name of the Attorney General after that commencement.
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(3)Section 11 of this Act stands repealed upon the commencement of an order made under subsection (1).”.
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Chapter 7
\n
Maritime Safety Amendment of Maritime Safety Act 2005.
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104.— The Maritime Safety Act 2005 is amended— (a) in section 2(1), by substituting “
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Part 3
\n
of the Sea-Fisheries and Maritime Jurisdiction Act 2006” for “the Maritime Jurisdiction Act 1959 (as amended by the Maritime Jurisdiction (Amendment) Act 1988 )”, (b) in section 17(1), by substituting “Part” for “Act”, (c) in section 36(1)(a), by substituting “any of the matters referred to in section 35(1)” for “the safe operation, or any of the matters referred to in subsection (1)”, (d) in section 38— (i) in subsection (1), by substituting the following paragraphs for paragraph (c): “(c) securing safe navigable routes, (cc) securing that search and rescue and search and recovery operations can be conducted safely, or”, and (ii) in subsection (3), by substituting the following paragraph for paragraph (d): “(d) the temporary prevention of or restriction on the navigation of vessels within a specified area or specified areas, or the establishment and maintenance of a temporary exclusion zone around a vessel, structure or other thing that is sunk, wrecked, damaged or in distress, for the purposes of allowing any directions or actions under this section to be carried out safely, and”, and (e) in section 46(2), by substituting “sections 23, 24, 37 and 38” for “sections 23 and 24”.
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SCHEDULE 1 Enactments Repealed
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Section 4
\n
.
\n
Session and Chapter or Number and Year Short Title or Subject Extent of Repeal
\n
(1)
\n
(2)
\n
(3)33 Hen. 6, c.9 Ships guarding sea between Ireland and England to have certain tolls (1455) The whole Act 38 Hen. 6, c.14 Payments by fishermen and for boats protected at sea (1460) The whole Act 10 Edw. 4, c.10 Protection for herring fishery at Dublin (1470) The whole Act 8 & 9 Hen. 8 [c.9] Foreigners fishing off coast to land one-third of catch in Ireland (1516) The whole Act 8 & 9 Vic. 1845, c.108 Fisheries (Ireland) Act 1845 Sections 7 and 8 9 Vic. 1846, c.3 Fisheries (Ireland) Act 1846 The whole Act 57 & 58 Vic., c.60 Merchant Shipping Act 1894 Sections 371 to 374 9 Edw. 7, 1909, c.8 Trawling in Prohibited Areas Prevention Act 1909 The whole Act No. 33 of 1931 Fisheries (Revision of Loans) Act 1931 The whole Act No. 21 of 1951 Freshwater Fisheries (Prohibition of Netting) Act 1951 The whole Act No. 25 of 1951 Fishing Licences (Moville District) Act 1951 The whole Act No. 14 of 1959 Fisheries (Consolidation) Act 1959
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Part XIII, sections 309(2) and 314(4)
\n
No. 22 of 1959 Maritime Jurisdiction Act 1959 The whole Act No. 31 of 1962 Fisheries (Amendment) Act 1962 Sections 19 to 23, 32(3), (4) and (5) and 34 and in the Table to section 32 at Ref. No. 1 “237, 238, 239, 240, 241, 242, 243,” and at Ref. No. 10 “233, 236,”
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No. 32 of 1964 Maritime Jurisdiction (Amendment) Act 1964 The whole Act No. 25 of 1974 Fisheries (Amendment) Act 1974 The whole Act No. 18 of 1978 Fisheries (Amendment) Act 1978 The whole Act No. 1 of 1980 Fisheries Act 1980 Sections 48, 49, 72, 73 and 75 and in the Table to section 50 at Ref. No. 2 “240, 241, 242, 243,” and at Ref. No. 3 “237, 238, 239,”
\n
No. 27 of 1983 Fisheries (Amendment) Act 1983 The whole Act No. 9 of 1988 Maritime Jurisdiction (Amendment) Act 1988 The whole Act No. 23 of 1994 Fisheries (Amendment) Act 1994 Sections 1(4) and (5), 3 to 14 and 16 No. 21 of 2003 Fisheries (Amendment) Act 2003 Sections 26(1) and (9), 28 and 30 No. 11 of 2005 Maritime Safety Act 2005
\n
Section 53
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SCHEDULE 2 United Nations Convention on the Law of the Sea 1982
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Section 87
\n
.
\n
Part V - Exclusive Economic Zone
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Article 55Specific Legal Regime of the Exclusive Economic Zone
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The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention.
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Article 56Rights, Jurisdiction and Duties of the Coastal State in the Exclusive Economic Zone
\n
1.In the exclusive economic zone, the coastal State has: (a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds; (b) jurisdiction as provided for in the relevant provisions of this Convention with regard to: (i) the establishment and use of artificial islands, installations and structures; (ii) marine scientific research; (iii) the protection and preservation of the marine environment; (c) other rights and duties provided for in this Convention.
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2.In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention.
\n
3.The rights set out in this article with respect to the seabed and subsoil shall be exercised in accordance with Part VI.
\n
Article 57Breadth of the Exclusive Economic Zone
\n
The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.
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Article 58Rights and duties of other States in the Exclusive Economic Zone
\n
1.In the exclusive economic zone, all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and over-flight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention.
\n
2.Articles 88 to 115 and other pertinent rules of international law apply to the exclusive economic zone in so far as they are not incompatible with this Part.
\n
3.In exercising their rights and performing their duties under this Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law in so far as they are not incompatible with this Part.
\n
Article 59
\n
Basis for the resolution of conflicts regarding the attribution of rights and jurisdiction in the Exclusive Economic Zone In cases where this Convention does not attribute rights or jurisdiction to the coastal State or to other States within the exclusive economic zone, and a conflict arises between the interests of the coastal State and any other State or States, the conflict should be resolved on the basis of equity and in the light of all the relevant circumstances, taking into account the respective importance of the interests involved to the parties as well as to the international community as a whole.
\n
Article 60Artificial Islands, Installations and Structures in the Exclusive Economic Zone
\n
1.In the exclusive economic zone, the coastal State shall have the exclusive right to construct and to authorize and regulate the construction, operation and use of: (a) artificial islands; (b) installations and structures for the purposes provided for in article 56 and other economic purposes; (c) installations and structures which may interfere with the exercise of the rights of the coastal State in the zone.
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2.The coastal State shall have exclusive jurisdiction over such artificial islands, installations and structures, including jurisdiction with regard to customs, fiscal, health, safety and immigration laws and regulations.
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3.Due notice must be given of the construction of such artificial islands, installations or structures, and permanent means for giving warning of their presence must be maintained. Any installations or structures which are abandoned or disused shall be removed to ensure safety of navigation, taking into account any generally accepted international standards established in this regard by the competent international organization. Such removal shall also have due regard to fishing, the protection of the marine environment and the rights and duties of other States. Appropriate publicity shall be given to the depth, position and dimensions of any installations or structures not entirely removed.
\n
4.The coastal State may, where necessary, establish reasonable safety zones around such artificial islands, installations and structures in which it may take appropriate measures to ensure the safety both of navigation and of the artificial islands, installations and structures.
\n
5.The breadth of the safety zones shall be determined by the coastal State, taking into account applicable international standards. Such zones shall be designed to ensure that they are reasonably related to the nature and function of the artificial islands, installations or structures, and shall not exceed a distance of 500 metres around them, measured from each point of their outer edge, except as authorized by generally accepted international standards or as recommended by the competent international organization. Due notice shall be given of the extent of safety zones.
\n
6.All ships must respect these safety zones and shall comply with generally accepted international standards regarding navigation in the vicinity of artificial islands, installations, structures and safety zones.
\n
7.Artificial islands, installations and structures and the safety zones around them may not be established where interference may be caused to the use of recognized sea lanes essential to international navigation.
\n
8.Artificial islands, installations and structures do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf.
\n
Article 61Conservation of the Living Resources
\n
1.The coastal State shall determine the allowable catch of the living resources in its exclusive economic zone.
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2.The coastal State, taking into account the best scientific evidence available to it, shall ensure through proper conservation and management measures that the maintenance of the living resources in the exclusive economic zone is not endangered by over-exploitation. As appropriate, the coastal State and competent international organizations, whether subregional, regional or global, shall cooperate to this end.
\n
3.Such measures shall also be designed to maintain or restore populations of harvested species at levels which can produce the maximum sustainable yield, as qualified by relevant environmental and economic factors, including the economic needs of coastal fishing communities and the special requirements of developing States, and taking into account fishing patterns, the interdependence of stocks and any generally recommended international minimum standards, whether subregional, regional or global.
\n
4.In taking such measures the coastal State shall take into consideration the effects on species associated with or dependent upon harvested species with a view to maintaining or restoring populations of such associated or dependent species above levels at which their reproduction may become seriously threatened.
\n
5.Available scientific information, catch and fishing effort statistics, and other data relevant to the conservation of fish stocks shall be contributed and exchanged on a regular basis through competent international organizations, whether subregional, regional or global, where appropriate and with participation by all States concerned, including States whose nationals are allowed to fish in the exclusive economic zone.
\n
Article 62Utilization of the Living Resources
\n
1.The coastal State shall promote the objective of optimum utilization of the living resources in the exclusive economic zone without prejudice to article 61.
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2.The coastal State shall determine its capacity to harvest the living resources of the exclusive economic zone. Where the coastal State does not have the capacity to harvest the entire allowable catch, it shall, through agreements or other arrangements and pursuant to the terms, conditions, laws and regulations referred to in paragraph 4, give other States access to the surplus of the allowable catch, having particular regard to the provisions of articles 69 and 70, especially in relation to the developing States mentioned therein.
\n
3.In giving access to other States to its exclusive economic zone under this article, the coastal State shall take into account all relevant factors, including, inter alia, the significance of the living resources of the area to the economy of the coastal State concerned and its other national interests, the provisions of articles 69 and 70, the requirements of developing States in the subregion or region in harvesting part of the surplus and the need to minimize economic dislocation in States whose nationals have habitually fished in the zone or which have made substantial efforts in research and identification of stocks.
\n
4.Nationals of other States fishing in the exclusive economic zone shall comply with the conservation measures and with the other terms and conditions established in the laws and regulations of the coastal State. These laws and regulations shall be consistent with this Convention and may relate, inter alia, to the following: (a) licensing of fishermen, fishing vessels and equipment, including payment of fees and other forms of remuneration, which, in the case of developing coastal States, may consist of adequate compensation in the field of financing, equipment and technology relating to the fishing industry; (b) determining the species which may be caught, and fixing quotas of catch, whether in relation to particular stocks or groups of stocks or catch per vessel over a period of time or to the catch by nationals of any State during a specified period; (c) regulating seasons and areas of fishing, the types, sizes and amount of gear, and the types, sizes and number of fishing vessels that may be used; (d) fixing the age and size of fish and other species that may be caught; (e) specifying information required of fishing vessels, including catch and effort statistics and vessel position reports; (f) requiring, under the authorization and control of the coastal State, the conduct of specified fisheries research programmes and regulating the conduct of such research, including the sampling of catches, disposition of samples and reporting of associated scientific data; (g) the placing of observers or trainees on board such vessels by the coastal State; (h) the landing of all or any part of the catch by such vessels in the ports of the coastal State; (i) terms and conditions relating to joint ventures or other cooperative arrangements; (j) requirements for the training of personnel and the transfer of fisheries technology, including enhancement of the coastal State’s capability of undertaking fisheries research; (k) enforcement procedures.
\n
5.Coastal States shall give due notice of conservation and management laws and regulations.
\n
Article 63
\n
Stocks occurring within the Exclusive Economic Zones of two or more Coastal States or both within the Exclusive Economic Zone and in an area beyond and adjacent to it 1. Where the same stock or stocks of associated species occur within the exclusive economic zones of two or more coastal States, these States shall seek, either directly or through appropriate subregional or regional organizations, to agree upon the measures necessary to coordinate and ensure the conservation and development of such stocks without prejudice to the other provisions of this Part.
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2.Where the same stock or stocks of associated species occur both within the exclusive economic zone and in an area beyond and adjacent to the zone, the coastal State and the States fishing for such stocks in the adjacent area shall seek, either directly or through appropriate subregional or regional organizations, to agree upon the measures necessary for the conservation of these stocks in the adjacent area.
\n
Article 64Highly Migratory Species
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1.The coastal State and other States whose nationals fish in the region for the highly migratory species listed in Annex I shall cooperate directly or through appropriate international organizations with a view to ensuring conservation and promoting the objective of optimum utilization of such species throughout the region, both within and beyond the exclusive economic zone. In regions for which no appropriate international organization exists, the coastal State and other States whose nationals harvest these species in the region shall cooperate to establish such an organization and participate in its work.
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2.The provisions of paragraph 1 apply in addition to the other provisions of this Part.
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Article 65Marine Mammals
\n
Nothing in this Part restricts the right of a coastal State or the competence of an international organization, as appropriate, to prohibit, limit or regulate the exploitation of marine mammals more strictly than provided for in this Part. States shall cooperate with a view to the conservation of marine mammals and in the case of cetaceans shall in particular work through the appropriate international organizations for their conservation, management and study.
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Article 66Anadromous Stocks
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1.States in whose rivers anadromous stocks originate shall have the primary interest in and responsibility for such stocks.
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2.The State of origin of anadromous stocks shall ensure their conservation by the establishment of appropriate regulatory measures for fishing in all waters landward of the outer limits of its exclusive economic zone and for fishing provided for in paragraph 3(b). The State of origin may, after consultations with the other States referred to in paragraphs 3 and 4 fishing these stocks, establish total allowable catches for stocks originating in its rivers.
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3.(a) Fisheries for anadromous stocks shall be conducted only in waters landward of the outer limits of exclusive economic zones, except in cases where this provision would result in economic dislocation for a State other than the State of origin. With respect to such fishing beyond the outer limits of the exclusive economic zone, States concerned shall maintain consultations with a view to achieving agreement on terms and conditions of such fishing giving due regard to the conservation requirements and the needs of the State of origin in respect of these stocks. (b) The State of origin shall cooperate in minimizing economic dislocation in such other States fishing these stocks, taking into account the normal catch and the mode of operations of such States, and all the areas in which such fishing has occurred. (c) States referred to in subparagraph (b), participating by agreement with the State of origin in measures to renew anadromous stocks, particularly by expenditures for that purpose, shall be given special consideration by the State of origin in the harvesting of stocks originating in its rivers. (d) Enforcement of regulations regarding anadromous stocks beyond the exclusive economic zone shall be by agreement between the State of origin and the other States concerned.
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4.In cases where anadromous stocks migrate into or through the waters landward of the outer limits of the exclusive economic zone of a State other than the State of origin, such State shall cooperate with the State of origin with regard to the conservation and management of such stocks.
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5.The State of origin of anadromous stocks and other States fishing these stocks shall make arrangements for the implementation of the provisions of this article, where appropriate, through regional organizations.
\n
Article 67Catadromous Species
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1.A coastal State in whose waters catadromous species spend the greater part of their life cycle shall have responsibility for the management of these species and shall ensure the ingress and egress of migrating fish.
\n
2.Harvesting of catadromous species shall be conducted only in waters landward of the outer limits of exclusive economic zones. When conducted in exclusive economic zones, harvesting shall be subject to this article and the other provisions of this Convention concerning fishing in these zones.
\n
3.In cases where catadromous fish migrate through the exclusive economic zone of another State, whether as juvenile or maturing fish, the management, including harvesting, of such fish shall be regulated by agreement between the State mentioned in paragraph 1 and the other State concerned. Such agreement shall ensure the rational management of the species and take into account the responsibilities of the State mentioned in paragraph 1 for the maintenance of these species.
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Article 68Sedentary Species
\n
This Part does not apply to sedentary species as defined in article 77, paragraph 4.
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Article 69Right of Land-Locked States
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1.Land-locked States shall have the right to participate, on an equitable basis, in the exploitation of an appropriate part of the surplus of the living resources of the exclusive economic zones of coastal States of the same subregion or region, taking into account the relevant economic and geographical circumstances of all the States concerned and in conformity with the provisions of this article and of articles 61 and 62.
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2.The terms and modalities of such participation shall be established by the States concerned through bilateral, subregional or regional agreements taking into account, inter alia: (a) the need to avoid effects detrimental to fishing communities or fishing industries of the coastal State; (b) the extent to which the land-locked State, in accordance with the provisions of this article, is participating or is entitled to participate under existing bilateral, subregional or regional agreements in the exploitation of living resources of the exclusive economic zones of other coastal States; (c) the extent to which other land-locked States and geographically disadvantaged States are participating in the exploitation of the living resources of the exclusive economic zone of the coastal State and the consequent need to avoid a particular burden for any single coastal State or a part of it; (d) the nutritional needs of the populations of the respective States.
\n
3.When the harvesting capacity of a coastal State approaches a point which would enable it to harvest the entire allowable catch of the living resources in its exclusive economic zone, the coastal State and other States concerned shall cooperate in the establishment of equitable arrangements on a bilateral, subregional or regional basis to allow for participation of developing land-locked States of the same subregion or region in the exploitation of the living resources of the exclusive economic zones of coastal States of the subregion or region, as may be appropriate in the circumstances and on terms satisfactory to all parties. In the implementation of this provision the factors mentioned in paragraph 2 shall also be taken into account.
\n
4.Developed land-locked States shall, under the provisions of this article, be entitled to participate in the exploitation of living resources only in the exclusive economic zones of developed coastal States of the same subregion or region having regard to the extent to which the coastal State, in giving access to other States to the living resources of its exclusive economic zone, has taken into account the need to minimize detrimental effects on fishing communities and economic dislocation in States whose nationals have habitually fished in the zone.
\n
5.The above provisions are without prejudice to arrangements agreed upon in subregions or regions where the coastal States may grant to land-locked States of the same subregion or region equal or preferential rights for the exploitation of the living resources in the exclusive economic zones.
\n
Article 70Right of Geographically Disadvantaged States
\n
1.Geographically disadvantaged States shall have the right to participate, on an equitable basis, in the exploitation of an appropriate part of the surplus of the living resources of the exclusive economic zones of coastal States of the same subregion or region, taking into account the relevant economic and geographical circumstances of all the States concerned and in conformity with the provisions of this article and of articles 61 and 62.
\n
2.For the purposes of this Part, “ geographically disadvantaged States ” means coastal States, including States bordering enclosed or semi-enclosed seas, whose geographical situation makes them dependent upon the exploitation of the living resources of the exclusive economic zones of other States in the subregion or region for adequate supplies of fish for the nutritional purposes of their populations or parts thereof, and coastal States which can claim no exclusive economic zones of their own.
\n
3.The terms and modalities of such participation shall be established by the States concerned through bilateral, subregional or regional agreements taking into account, inter alia: (a) the need to avoid effects detrimental to fishing communities or fishing industries of the coastal State; (b) the extent to which the geographically disadvantaged State, in accordance with the provisions of this article, is participating or is entitled to participate under existing bilateral, subregional or regional agreements in the exploitation of living resources of the exclusive economic zones of other coastal States; (c) the extent to which other geographically disadvantaged States and land-locked States are participating in the exploitation of the living resources of the exclusive economic zone of the coastal State and the consequent need to avoid a particular burden for any single coastal State or a part of it; (d) the nutritional needs of the populations of the respective States.
\n
4.When the harvesting capacity of a coastal State approaches a point which would enable it to harvest the entire allowable catch of the living resources in its exclusive economic zone, the coastal State and other States concerned shall cooperate in the establishment of equitable arrangements on a bilateral, subregional or regional basis to allow for participation of developing geographically disadvantaged States of the same subregion or region in the exploitation of the living resources of the exclusive economic zones of coastal States of the subregion or region, as may be appropriate in the circumstances and on terms satisfactory to all parties. In the implementation of this provision the factors mentioned in paragraph 3 shall also be taken into account.
\n
5.Developed geographically disadvantaged States shall, under the provisions of this article, be entitled to participate in the exploitation of living resources only in the exclusive economic zones of developed coastal States of the same subregion or region having regard to the extent to which the coastal State, in giving access to other States to the living resources of its exclusive economic zone, has taken into account the need to minimize detrimental effects on fishing communities and economic dislocation in States whose nationals have habitually fished in the zone.
\n
6.The above provisions are without prejudice to arrangements agreed upon in subregions or regions where the coastal States may grant to geographically disadvantaged States of the same subregion or region equal or preferential rights for the exploitation of the living resources in the exclusive economic zones.
\n
Article 71Non-Applicability of Articles 69 and 70
\n
The provisions of articles 69 and 70 do not apply in the case of a coastal State whose economy is overwhelmingly dependent on the exploitation of the living resources of its exclusive economic zone.
\n
Article 72Restrictions on Transfer of Rights
\n
1.Rights provided under articles 69 and 70 to exploit living resources shall not be directly or indirectly transferred to third States or their nationals by lease or licence, by establishing joint ventures or in any other manner which has the effect of such transfer unless otherwise agreed by the States concerned.
\n
2.The foregoing provision does not preclude the States concerned from obtaining technical or financial assistance from third States or international organizations in order to facilitate the exercise of the rights pursuant to articles 69 and 70, provided that it does not have the effect referred to in paragraph 1.
\n
Article 73Enforcement of Laws and Regulations of the Coastal State
\n
1.The coastal State may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone, take such measures, including boarding, inspection, arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and regulations adopted by it in conformity with this Convention.
\n
2.Arrested vessels and their crews shall be promptly released upon the posting of reasonable bond or other security.
\n
3.Coastal State penalties for violations of fisheries laws and regulations in the exclusive economic zone may not include imprisonment, in the absence of agreements to the contrary by the States concerned, or any other form of corporal punishment.
\n
4.In cases of arrest or detention of foreign vessels the coastal State shall promptly notify the flag State, through appropriate channels, of the action taken and of any penalties subsequently imposed.
\n
Article 74Delimitation of the Exclusive Economic Zone between States with opposite or Adjacent Coasts
\n
1.The delimitation of the exclusive economic zone between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution.
\n
2.If no agreement can be reached within a reasonable period of time, the States concerned shall resort to the procedures provided for in Part XV.
\n
3.Pending agreement as provided for in paragraph 1, the States concerned, in a spirit of understanding and cooperation, shall make every effort to enter into provisional arrangements of a practical nature and, during this transitional period, not to jeopardize or hamper the reaching of the final agreement. Such arrangements shall be without prejudice to the final delimitation.
\n
4.Where there is an agreement in force between the States concerned, questions relating to the delimitation of the exclusive economic zone shall be determined in accordance with the provisions of that agreement.
\n
Article 75Charts and Lists of Geographical Coordinates
\n
1.Subject to this Part, the outer limit lines of the exclusive economic zone and the lines of delimitation drawn in accordance with article 74 shall be shown on charts of a scale or scales adequate for ascertaining their position. Where appropriate, lists of geographical coordinates of points, specifying the geodetic datum, may be substituted for such outer limit lines or lines of delimitation.
\n
2.The coastal State shall give due publicity to such charts or lists of geographical coordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations.
\n
SCHEDULE 3 Functions under Regulations which are Transferred
\n
Section 44
\n
(2).
\n
European Communities (Aquaculture Animals and Fish) (Placing on the Market and Control of Certain Diseases) Regulations 1996 ( S.I. No. 253 of 1996 ) European Communities (Trade in Fish) Regulations 1997 ( S.I. No. 191 of 1997 ) European Communities (Minimum measures for the control of certain diseases affecting bivalve molluscs) Regulations 1999 ( S.I. No. 26 of 1999 ) European Communities (Animal By-products) Regulations 2003 ( S.I. No. 248 of 2003 ) European Communities (Labelling of Fishery and Aquaculture Products) Regulations 2003 ( S.I. No. 320 of 2003 ) European Communities (Financing of Veterinary Inspections and Controls on Fish and Fishery Products at Approved Establishments and on Factory Vessels) Regulations 2003 ( S.I. No. 544 of 2003 ) European Communities (Financing of Veterinary Inspections and Controls on Fish and Fishery Products on Irish Fishing Vessels) Regulations 2003 ( S.I. No. 545 of 2003 ) European Communities (Financing of Veterinary Inspections and Controls on Fish and Fishery Products at Border Inspection Posts) Regulations 2003 ( S.I. No. 546 of 2003 ) European Communities (Financing of Veterinary Inspections and Controls on Fresh Fish landed by Third Country Vessels) Regulations 2003 ( S.I. No. 547 of 2003 ) European Communities (Veterinary Checks on Fish and Fishery Products Imported from Third Countries) Regulations 2003 ( S.I. No. 548 of 2003 ) European Communities (Common Organisation of Markets in Fishery and Aquaculture Products) (Financial Compensation for Withdrawal and Carry-over Aid) Regulations 2004 ( S.I. No. 398 of 2004 ) 1OJ No. L358, 31.12.2002, p.59 2OJ No. L333, 20.12.2003, p.17 3OJ No. L358, 31.12.2002, p.59 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais