Fisheries (Amendment) Act 2003

Fisheries (Amendment) Act 2003 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2003 Fisheries (Amendment) Act 2003 Fisheries (Amendment) Act 2003 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 21 of 2003 FISHERIES (AMENDMENT) ACT 2003 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title, collective citation and construction. 2. Interpretation. PART 2 Licensing of Sea-Fishing Boats and Certain Sea-Fishing 3. Licensing authority. 4. Sea-fishing boat licences. 5. Licence application, licence and other fees. PART 3 Independent Appeals System 6. Appeals Officer. 7. Right of appeal. 8. Oral hearings. 9. Notification of appeals to, and supply of documents, etc., by, licensing authority. 10. Submissions or observations by parties to appeal. 11. Submissions or observations by persons other than parties to appeal. 12. Power of Appeals Officer to request submissions or observations. 13. Appeals Officer to give copy of submissions or observations to appellant, etc. 14. Power of Appeals Officer to require submission of documents, etc. 15. Appeals Officer to give copy of documents, etc., submitted to appellant, etc. 16. Determination of appeals. 17. Time for appeals, etc., extended where office of Appeals Officer is closed. 18. Reference of certain questions of law to High Court. 19. Applications for judicial review. 20. Regulations (Part 3). 21. Offences and penalties. PART 4 Conservation and Management of Fish Stocks 22. Interpretation (Part 4). 23. Party states. 24. Conservation areas. 25. Regulations relating to conservation and management of straddling and highly migratory fish stocks. 26. Sea fisheries protection officers. 27. Duty of master of sea-fishing boat in conservation area. 28. Forfeiture of sea-fishing boats in certain circumstances. 29. Suspension or cancellation of certificate of competency of master, etc., of Irish sea-fishing boat in certain circumstances. 30. Increase in certain fines. 31. Amendment of Schedule 3. PART 5 Foreshore Application and Other Fees 32. Foreshore application and other fees. SCHEDULE 1 Appeals Officer SCHEDULE 2 United Nations Agreement on the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks SCHEDULE 3 List of Highly Migratory Fish Species Acts Referred to Civil Service Regulation Act 1956 1956, No. 46 European Communities Act 1972 1972, No. 27 European Parliament Elections Act 1997 1997, No. 2 Fisheries (Amendment) Act 1978 1978, No. 18 Fisheries (Amendment) Act 1983 1983, No. 27 Fisheries (Amendment) Act 1994 1994, No. 23 Fisheries (Consolidation) Act 1959 1959, No. 14 Fisheries Acts 1959 to 2001 Foreshore Act 1933 1933, No. 12 Foreshore Acts 1933 to 1998 Local Government Act 2001 2001, No. 37 Mercantile Marine Act 1955 1955, No. 29 Merchant Shipping Act 1894 56 & 57 Vic., c. 60 Merchant Shipping (Certification of Seamen) Act 1979 1979, No. 37 Number 21 of 2003 FISHERIES (AMENDMENT) ACT 2003 AN ACT TO ENABLE EFFECT TO BE GIVEN TO THE UNITED NATIONS AGREEMENT ON THE IMPLEMENTATION OF THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA OF 10 DECEMBER 1982 RELATING TO THE CONSERVATION AND MANAGEMENT OF STRADDLING FISH STOCKS AND HIGHLY MIGRATORY FISH STOCKS, TO PROVIDE FOR AN INDEPENDENT APPEALS SYSTEM IN RELATION TO THE LICENSING OF SEA-FISHING BOATS, TO AMEND AND EXTEND THE FORESHORE ACT 1933, THE FISHERIES ACTS 1959 TO 2001 AND THE MERCHANT SHIPPING (CERTIFICATION OF SEAMEN) ACT 1979, AND TO PROVIDE FOR RELATED MATTERS. [1st July, 2003.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title, collective citation and construction. 1.—(1) This Act may be cited as the Fisheries (Amendment) Act 2003. (2) The Fisheries Acts 1959 to 2001 and this Act (other than section 32 and section 2 in so far as it relates to section 32 ) may be cited together as the Fisheries Acts 1959 to 2003 and shall be construed together as one. (3) The Foreshore Acts 1933 to 1998, section 32 and section 2 in so far as it relates to section 32 , may be cited together as the Foreshore Acts 1933 to 2003 and shall be construed together as one. Interpretation. 2.—(1) In this Act, unless the context otherwise requires— “Act of 1983” means Fisheries (Amendment) Act 1983 ; “Act of 1994” means Fisheries (Amendment) Act 1994 ; “appeal” means an appeal under section 7 ; “Appeals Officer” means a person appointed under section 6 as an Appeals Officer for the purposes of Part 3 of this Act; “licence” in Parts 2 and 3 of this Act, means a sea-fishing boat licence granted under section 222B(3) of the Principal Act; “licensing authority” has the meaning assigned to it by section 3 ; “local authority” has the meaning assigned to it by the Local Government Act 2001 ; “Minister” means the Minister for Communications, Marine and Natural Resources; “Principal Act” means Fisheries (Consolidation) Act 1959 . (2) In this Act— (a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act when enacted, (b) a reference to a section or Schedule is a reference to a section of, or Schedule to, this Act unless it is indicated that reference to some other enactment is intended, (c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended. PART 2 Licensing of Sea-Fishing Boats and Certain Sea-Fishing Licensing authority. 3.—(1) The licensing authority in relation to sea-fishing boats shall be— (a) the Registrar General of Fishing Boats, or (b) acting under the superintendence of the Registrar General of Fishing Boats, the Deputy Registrar General of Fishing Boats. (2) The licensing authority shall be independent in the exercise of his or her functions under this Part subject to— (a) the law for the time being in force in relation to sea-fishing boat licensing, including, in particular, the legal obligations of the State arising under any law of an institution of the European Communities or other international agreement which is binding on the State, and (b) such policy directives in relation to sea-fishing boat licensing as the Minister may give in writing from time to time. (3) A policy directive given under subsection (2)(b) may require certain prohibitions or conditions to be imposed in relation to sea-fishing for the purposes of protecting, conserving or allowing the sustainable exploitation of living marine aquatic species. (4) Where the Minister gives a policy directive under subsection (2)(b), a notice of such directive and details of it (including reasons for giving the directive) shall, as soon as practicable after the directive is given, be laid before each House of the Oireachtas and published in Iris Oifigiúil. (5) Subsection (2)(b) shall not be construed as enabling the Minister to exercise any power or control in relation to any particular case or group of cases with which the licensing authority is or may be concerned. (6) (a) The licensing authority shall— (i) maintain a register of licences (which shall be known as the Register of Sea-fishing Boat Licences) in electronic form capable of being read in legible form and satisfying the requirements from time to time of any law of an institution of the European Communities, and (ii) give to the Minister such information relating to the performance of the functions of the licensing authority as the Minister may from time to time request. (b) The licensing authority may, on his or her own initiative, or at the request of the Minister, make submissions or recommendations to the Minister on any matter relating to the functions of the licensing authority or to licensing under section 222B of the Principal Act. (7) The licensing authority shall, as soon as practicable but not later than 6 months after the end of each financial year, report to the Minister on the performance of the functions of the licensing authority in that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas. (8) The licensing authority shall cause to be published by electronic means capable of being read in legible form details of— (a) all applications for licences received after 1 January 2003, (b) all decisions made after 1 January 2003 on any such application or to amend or revoke a licence. (9) (a) Anything commenced before the passing of this Act by or under the authority of the Minister under section 222B(3) of the Principal Act may be carried on or completed on or after such passing by the licensing authority. (b) Every licence granted by or under the authority of the Minister which is in force immediately before the passing of this Act shall be deemed to have been granted by the licensing authority under section 222B(3) (inserted by section 4 ) and references to the Minister in any such licence shall after the passing of this Act be construed as a reference to the licensing authority. (10) In this section, “the Registrar General of Fishing Boats” and “the Deputy Registrar General of Fishing Boats” mean, respectively, the Registrar General of Fishing Boats and the Deputy Registrar General of Fishing Boats appointed under Regulation 5 of the Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) Regulations 1997 ( S.I. No. 294 of 1997 ). Sea-fishing boat licences. 4.—The Principal Act is amended by the substitution for section 222B (inserted by section 2 of the Act of 1983 and amended by sections 5, 6 and 7 of the Act of 1994) of the following: “Sea-fishing boat licences. 222B.—(1) This section applies to any sea-fishing boat which is— (a) a fishing boat within the meaning of Part IV of the Merchant Shipping Act 1894 and which— (i) is entered in the Register of Fishing Boats, (ii) is required by section 373 (as amended by the Act of 1983) of the Merchant Shipping Act 1894 to be so entered, or (iii) but for the passing of the Act of 1983 would, by the said section 373, be required to be so entered, or (b) a ship which— (i) is registered under the Mercantile Marine Act 1955 , (ii) is required by section 18 (as amended by the Act of 1983) of the Mercantile Marine Act 1955 to be so registered, (iii) but for section 8(1) of the Act of 1983 would be required to be or might be so registered, or (iv) may be so registered. (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 for the purposes of this section and in relation to the boat by the licensing authority. (3) (a) The licensing authority may grant sea-fishing boat licences. (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) of this section, allow or refuse the application. (d) In deciding on the grant or refusal of a sea-fishing boat licence or the attachment of 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 20021 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 Community. (4) The licensing authority shall not grant a sea-fishing boat licence in respect of a sea-fishing boat unless an independent survey of the boat conducted by a competent person approved of by the licensing authority has confirmed to the satisfaction of the authority that the boat is in a safe and sea-worthy condition. (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 body corporate established under and subject to the law of a Member State and having its principal place of business in a Member State. (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. (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. (8) (a) The licensing authority may attach to a sea-fishing boat licence granted such terms (including terms specifying the period during which the licence is to remain in force or an event or other circumstance on the occurrence of which the licence is to come into 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 conditions to or vary the conditions already attached to such a licence or remove any such condition. (b) Without prejudice to the generality of paragraph (a) of this subsection, a 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 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 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 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. (9) (a) The holder of a sea-fishing boat licence suspended or revoked under subsection (7)(b) or (8)(c) of this section 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 is guilty of 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. (10) Without prejudice to the generality of subsection (3)(c) of this section, 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) of this section, he or she may refuse the application. (11) (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) is guilty of an offence and is liable on summary conviction to a fine not exceeding €500. (12) (a) A person who uses or attempts to use a sea-fishing boat in contravention of subsection (2) of this section is guilty of an offence. (b) A person who, while on board a sea-fishing boat, fishes for sea-fish or attempts so to fish in contravention of subsection (2) of this section is guilty of an offence. (13) In this section— ‘Act of 1983’ means Fisheries (Amendment) Act 1983; ‘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; ‘licensing authority’ has the meaning assigned to it by section 3 of the Fisheries (Amendment) Act 2003; ‘Member State’ means a Member State of the European Communities.”. Licence application, licence and other fees. 5.—(1) An application for— (a) a sea-fishing boat licence, (b) a licence, authorisation or permit under any instrument made by the Minister under section 222C (inserted by section 3 of the Act of 1983) or 223A (inserted by section 9 of the Act of 1978 and amended by section 4 of the Act of 1983) of the Principal Act or section 25 , or (c) amendment of any such licence, authorisation or permit, shall be subject to such fee as the Minister may, with the consent of the Minister for Finance, prescribe by regulations. (2) The grant of— (a) a sea-fishing boat licence or a licence under section 16 by an Appeals Officer, or (b) a licence, authorisation or permit under any instrument made by the Minister under section 222C or 223A of the Principal Act or section 25 , shall be subject to such fee, as the Minister may, with the consent of the Minister for Finance, prescribe by regulations. (3) Regulations under this section may provide for fees of different amounts in respect of applications referred to in subsection (1) or the grant of a licence, authorisation or permit referred to in subsection (2) of different categories and in different circumstances. (4) Where under regulations made under this section a fee is payable in respect of any application referred to in subsection (1) or the grant of a sea-fishing boat licence or other licence, authorisation or permit referred to in subsection (2)(b), the application shall not be considered or the licence, authorisation or permit granted by the licensing authority or the Minister, as the case may be, unless the Department of Communications, Marine and Natural Resources is in receipt of the fee. (5) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. (6) Every fee received by the Department of Communications, Marine and Natural Resources under this section shall be disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs. PART 3 Independent Appeals System Appeals Officer. 6.—(1) The Minister may appoint one or more persons with not less than 5 years' experience as a practising barrister or practising solicitor before his or her appointment as an Appeals Officer (“Appeals Officer”) for the purposes of this Part. The Minister may, for stated reasons, remove such person from office. (2) It shall be the duty of an Appeals Officer to duly consider and make a decision on appeals under this Act in good time. (3) An Appeals Officer shall be independent in the exercise of his or her functions under this Act subject to— (a) the law for the time being in force in relation to sea-fishing boat licensing, including, in particular, the legal obligations of the State arising under any law of an institution of the European Communities or other international agreement which is binding on the State, and (b) such policy directives in relation to sea-fishing boat licensing as the Minister may give in writing from time to time. (4) A policy directive given under subsection 3(b) may require certain prohibitions or conditions to be imposed in relation to sea-fishing for the purposes of protecting, conserving or allowing the sustainable exploitation of living marine aquatic species. (5) Subsection (3)(b) shall not be construed as enabling the Minister to exercise any power or control in relation to any particular case or group of cases with which an Appeals Officer is or may be concerned. (6) Where the Minister gives a policy directive under subsection (3)(b), a notice of such directive and details of it (including reasons for giving the directive) shall, as soon as practicable after the directive is given, be laid before each House of the Oireachtas and published in Iris Oifigiúil. (7) The provisions of Schedule 1 shall have effect in relation to an Appeals Officer. Right of appeal. 7.—(1) (a) Subject to paragraph (b), a person aggrieved by a decision of a licensing authority on an application for a licence or by the revocation or amendment of a licence may, before the expiration of a period of one month beginning on the date of that decision, revocation or amendment, appeal to an Appeals Officer against that decision, revocation or amendment by serving on the Appeals Officer a notice of appeal which may be withdrawn by serving a notice to that effect. (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 decision in question was made. (2) The applicant for or holder of a licence to which an appeal relates shall be a party to the appeal. (3) The notice of appeal shall— (a) be in writing and served by registered post or by leaving it at the office of the Appeals Officer, during normal office hours, with a person who is apparently employed by or on behalf of the Appeals Officer, (b) state the name and address of the appellant, (c) state the subject matter of the appeal, (d) if the appellant is not the applicant for or holder of a licence, state the appellant's particular interest in the outcome of the appeal, (e) state in full the grounds of the appeal and the reasons, considerations and arguments on which they are based, (f) state whether or not an oral hearing of the appeal is requested, and (g) be accompanied by such fee, if any, as may be payable in respect of such an appeal (including an oral hearing of such appeal) in accordance with regulations under section 20 , and shall be accompanied by such documents, particulars or other information relating to the appeal as the appellant considers necessary or appropriate. (4) Without prejudice to section 12 (1), an appellant shall not be entitled to elaborate in writing on, or make further submissions in writing in relation to, the grounds of appeal stated in the notice of appeal or to submit further grounds of appeal, and any such elaboration, submissions or further grounds of appeal received by the Appeals Officer shall not be considered by him or her. (5) Without prejudice to section 14 (1), an Appeals Officer shall not consider any documents, particulars or other information submitted by an appellant other than the documents, particulars or other information which accompanied the notice of appeal. (6) An Appeals Officer may, in his or her discretion, treat 2 or more appeals as, and the appellants as parties to, a single appeal and may at any time separate such appeals. (7) This section applies to an appeal made under this section against a decision, made after one month after the passing of this Act, of a licensing authority on an application for a licence or to revoke or amend a licence. (8) A decision of a licensing authority on an application for a licence or to revoke or amend a licence stands suspended where an appeal against the decision is made under this section until the appeal is determined or withdrawn. Oral hearings. 8.—(1) Subject to subsections (2) and (3), an Appeals Officer of his or her own motion or at the request of a party shall have a discretion to hold an oral hearing of an appeal under section 7 . (2) A request by a party for an oral hearing of an appeal— (a) shall be made in writing to the Appeals Officer and shall be accompanied by such fee, if any, as may be payable in respect of such request in accordance with regulations under section 20 , (b) if not accompanied by that fee, if any, shall not be considered by the Appeals Officer, (c) subject to paragraph (d), shall be made within the period of one month referred to in section 7 (1)(a), or (d) in the case where the party is not the appellant, shall be made within the period referred to in section 10 (2). (3) An Appeals Officer shall not consider a request for an oral hearing of an appeal received later than the time referred to in subsection (2)(c) or (d) for making a request. (4) Where an Appeals Officer is requested to hold an oral hearing of an appeal and decides to determine the appeal without an oral hearing, he or she shall serve notice of his or her decision on the person who requested the hearing, on each other party to the appeal and on each person who, in accordance with section 11 , made submissions or observations to the Appeals Officer in relation to the appeal. (5) (a) In conducting an oral hearing of an appeal, an Appeals Officer may require the licensing authority to give to the Appeals Officer such information in relation to the appeal as the Appeals Officer may reasonably require, and the licensing authority shall comply with the requirement. (b) An Appeals Officer, in conducting an oral hearing of an appeal, may take evidence on oath and for that purpose may administer oaths, and a person giving evidence at an oral hearing shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court. (c) Subject to paragraph (d), an Appeals Officer in conducting an oral hearing of an appeal may, by notice in writing to any person, require the person to attend at such time and place as is specified in the notice to give evidence in relation to any matter in question at the hearing or to produce any books, deeds, contracts, accounts, vouchers, maps, plans or other documents in his or her possession, custody or control which relate to the matter. (d) The following provisions shall have effect for the purposes of paragraph (c): (i) it shall not be necessary for a person to attend in compliance with a notice at a place more than 10 miles from his or her ordinary place of residence unless an amount of money sufficient to cover the reasonable and necessary expenses of the attendance has been paid or tendered to the person; (ii) an Appeals Officer shall pay or tender to any person whose attendance is required such amount of money as he or she considers will cover the reasonable and necessary expenses of the attendance; (iii) an Appeals Officer shall pay to any person who in compliance with a notice has attended at any place all reasonable and necessary expenses of the attendance which have not already been paid to the person and in default of such payment by the Appeals Officer the expenses shall be recoverable as a simple contract debt in a court of competent jurisdiction. (6) A person to whom a notice under subsection (5)(c) has been given who— (a) refuses or wilfully neglects to attend in accordance with the notice, (b) wilfully alters, suppresses, conceals or destroys any document to which the notice relates, or (c) having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates, is guilty of an offence. (7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding €3,000. Notification of appeals to, and supply of documents, etc., by, licensing authority. 9.—(1) An Appeals Officer shall, as soon as practicable after receiving a notice of appeal, send by post to the licensing authority a copy of the notice and shall arrange for publication of the notice by electronic means. (2) The licensing authority shall, within 14 days after receiving a copy of the notice of appeal sent to him or her in accordance with subsection (1), submit to the Appeals Officer concerned— (a) a copy of the licence application concerned and of any drawings, particulars, evidence, written study or further information received or obtained from the applicant for the licence in accordance with a requirement of or under section 222B of the Principal Act, (b) a copy of any report prepared for the licensing authority in relation to the application, revocation or amendment, (c) a copy of any document recording the decision of the licensing authority in respect of the application, revocation or amendment and of the notification of the decision given to the applicant for or holder of the licence concerned, and (d) any supplementary documentation or information which the licensing authority considers to be necessary to enable the Appeals Officer to duly consider the appeal. Submissions or observations by parties to appeal. 10.—(1) An Appeals Officer shall, as soon as practicable, after receiving a notice of appeal, give a copy to each other party to the appeal. (2) The licensing authority and each other party except the appellant may make submissions or observations in writing to an Appeals Officer in relation to the appeal within a period of one month beginning on the day on which a copy of the notice of appeal is sent to that party by the Appeals Officer and any submissions or observations received by the Appeals Officer after the expiration of that period shall not be considered by him or her. (3) Where no submissions or observations have been received from a party within the period referred to in subsection (2), an Appeals Officer may, without further notice to that party, determine the appeal. (4) Without prejudice to section 12 (1), a party shall not be entitled to elaborate in writing on any submissions or observations made in accordance with subsection (2) or make any further submissions or observations in writing in relation to the appeal, and any such elaboration or further submissions or observations shall not be considered by an Appeals Officer. Submissions or observations by persons other than parties to appeal. 11.—(1) A person who is not a party may make submissions or observations in writing to an Appeals Officer in relation to an appeal. (2) Submissions or observations referred to in subsection (1) may be made within the period of one month beginning on the day an Appeals Officer received the notice of appeal or, where there is more than one appeal against the decision of the licensing authority, on the day on which the Appeals Officer last received a notice of appeal, and any submissions or observations received by the Appeals Officer after the expiration of that period shall not be considered. (3) Without prejudice to section 12 (1), a person who makes submissions or observations to an Appeals Officer in accordance with this section shall not be entitled to elaborate in writing on the submissions or observations or to make further submissions or observations in writing in relation to the appeal, and any such elaboration or further submissions or observations shall not be considered by the Appeals Officer. Power of Appeals Officer to request submissions or observations. 12.—(1) Where an Appeals Officer is of the opinion that, in the particular circumstances of an appeal, it is appropriate in the interests of justice to request a party or other person who has made or was entitled to make submissions or observations to the Appeals Officer in relation to the appeal to make submissions or observations in relation to any matter which has arisen in relation to the appeal, he or she may, in his or her discretion, notwithstanding section 8 (3) 10(4), 11(3) or 16(4), serve on the party or person a notice— (a) requesting the party or person, within a period specified in the notice (being not less than 14 or more than 28 days beginning on the date of service of the notice) to submit to the Appeals Officer submissions or observations in relation to the matter, and (b) stating that, if submissions or observations are not received before the expiration of the specified period, the Appeals Officer will, after the expiration of that period and without further notice to the party or person, pursuant to section 16 (2), determine the appeal. (2) A party or other person shall not be entitled to elaborate in writing on submissions or observations made in response to a request under subsection (1) or make further submissions or observations in writing in relation to the matter concerned, and any such elaboration, or further submissions or observations shall not be considered by an Appeals Officer. Appeals Officer to give copy of submissions or observations to appellant, etc. 13.—Where any submissions or observations are made under section 10 , 11 or 12 to an Appeals Officer, he or she shall, as soon as practicable, give a copy of the submissions or observations to— (a) the appellant, or (b) where the submissions or observations are made in respect of an application for or revocation or amendment of a licence and the appellant is not the applicant for or holder of the licence, the applicant or holder, unless the applicant or holder has made the submissions or observations, and the appellant or the applicant or holder, as the case may be, may make comment in writing on the submissions or observations to the Appeals Officer not later than 14 days after having been given them. Power of Appeals Officer to require submission of documents, etc. 14.—(1) Where an Appeals Officer is of the opinion that any document, particulars or other information is or are necessary for the purpose of enabling him or her to determine an appeal, he or she shall serve on a party or on any person who has made submissions or observations to the Appeals Officer in relation to the appeal a notice— (a) requiring the party or person, within a period specified in the notice (being not less than 14 days beginning on the date of service of the notice) to submit to the Appeals Officer such documents, particulars or other information as are specified in the notice, and (b) stating that, if the documents, particulars or other information is or are not received by the Appeals Officer before the expiration of the specified period, the Appeals Officer will, after the expiration of that period and without further notice to the party or person, pursuant to section 16 (2), determine the appeal. (2) A person who refuses or fails without reasonable excuse to comply with a requirement under subsection (1)(a) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000. Appeals Officer to give copy of documents, etc., submitted to appellant, etc. 15.—An Appeals Officer shall, as soon as practicable, give a copy of any document, particulars or other information received by him or her under section 9 or 14 to— (a) the appellant, or (b) where the document, particulars or other information was submitted under section 14 in respect of an application for or revocation or amendment of a licence and the appellant is not the applicant for or holder of the licence, the applicant or holder, unless the applicant or holder has submitted the document, particulars or other information, and the appellant or the applicant or holder, as the case may be, may make comment in writing on the document, particulars or other information to the Appeals Officer not later than 14 days after having been given the copy. Determination of appeals. 16.—(1) An Appeals Officer shall have a discretion to dismiss an appeal where, having considered the grounds of appeal, he or she is of the opinion that the appeal is vexatious, frivolous or without substance or foundation. (2) Where a notice has been served under section 12 (1) or 14 (1), an Appeals Officer, at any time after the expiration of the period specified in the notice, may having considered all submissions or observations or documents, particulars or other information, as the case may be, submitted by the person on whom the notice has been served, and any comments duly made on any such submissions or observations under section 13 or on any such documents, particulars or other information under section 15 , as the case may be, without further notice to that person, determine the appeal. (3) (a) Where an Appeals Officer is of the opinion that an appeal, or an application for a licence to which the appeal relates, has been abandoned, he or she may serve on the person who made the appeal or application, as may be appropriate, a notice stating that he or she is of the opinion and requiring the person, within the period specified in the notice (being not less than 14 or more than 28 days beginning on the date of service of the notice) to make to an Appeals Officer a submission in writing as to why the appeal or application should not be regarded as having been withdrawn. (b) Where a notice has been served under paragraph (a) an Appeals Officer may, at any time after the expiration of the period specified in the notice, and after considering any submissions made to him or her pursuant to the notice, declare— (i) in a case where the notice refers to an application for a licence, that the application shall be regarded as having been withdrawn, and (ii) in a case where the notice refers to an appeal, that the appeal shall be regarded as having been withdrawn. (c) Where under paragraph (b)(i) an Appeals Officer declares that an application for a licence is to be regarded as having been withdrawn— (i) any appeal in relation to the application shall be regarded as having been withdrawn and accordingly shall not be determined by an Appeals Officer, and (ii) notwithstanding any previous decision relating to the application, no licence shall be granted as a result of the application. (4) (a) Where an appeal is brought under section 7 (1) and is not withdrawn, an Appeals Officer shall, subject to subsection (5), determine the appeal by— (i) confirming the decision or action of the licensing authority, (ii) determining the application for the licence as if the application had been made to an Appeals Officer in the first instance, (iii) in relation to the revocation or amendment of a licence, substituting his or her decision on the matter for that of the licensing authority. (b) An Appeals Officer shall not determine an appeal as provided in paragraph (a)(i) except in circumstances referred to in subsection (1), (2) or (3). (c) The determination under paragraph (a)(ii) or (iii) of an appeal shall annul the decision or action of the licensing authority immediately the determination is made. (5) Where— (a) an appeal is brought against a decision to grant or amend a licence, (b) the appeal relates only to a condition or conditions to which the decision provides the licence shall be subject, and (c) an Appeal Officer is satisfied, having regard to the nature of the condition or conditions, that the determination by an Appeal Officer of the relevant application as if the application had been made to an Appeals Officer in the first instance would not be warranted, then the Appeals Officer may, in his or her discretion, deal with the appeal by reference only to the condition or conditions to which the appeal relates, and such other conditions, if any, as he or she considers relevant. (6) An Appeals Officer shall state the reasons and considerations on which the determination of an appeal is based when— (a) determining the appeal, (b) notifying the determination in writing, as hereby required to do, to— (i) the appellant, (ii) the licensing authority, (iii) any other party to the appeal, (iv) any other person who made a submission or observation under section 10 or 11 or submitted documents, particulars or other information under section 12 , and (v) any other person who requested notification of the determination, and (c) arranging publication of the determination by electronic means, as hereby required to do. Time for appeals, etc., extended where office of Appeals Officer is closed. 17.—Where a provision of or under this Act requires or allows appeals, submissions, observations or a request to be made, or documents, particulars or other information or comment to be submitted, to an Appeals Officer within a specified period and the last day of that period is a day on which the office of the Appeals Officer is closed, the appeal, submissions, observations or request, or documents, particulars or other information or comment, shall be regarded as having been received before the expiration of that period if received by the Appeals Officer on the next following day on which the office of the Appeals Officer is open. Reference of certain questions of law to High Court. 18.—Where a question of law arises on appeal to an Appeals Officer, the question may be referred by the Appeals Officer to the High Court for decision. Applications for judicial review. 19.—(1) A person shall not question a decision of an Appeals Officer on an appeal otherwise than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) (in this section referred to as “the Order”). (2) An application for leave to apply for judicial review under the Order in respect of a decision of an Appeals Officer— (a) shall be made within the period of 3 months commencing on the date on which the decision was made, and (b) shall be made by notice of motion (grounded in the manner specified in the Order in respect of an ex parte motion for leave) which shall be served on an Appeals Officer and each party or each other party, as the case may be, to the appeal, or any other person specified for that purpose by order of the High Court, and leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the decision is invalid or ought to be quashed. (3) The determination of the High Court of an application for leave to apply for judicial review referred to in subsection (2), or of an application for such judicial review, shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case except with the leave of the High Court, which leave shall only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court. (4) Subsection (3) shall not apply to a determination of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution. (5) References in subsection (1) to the Order shall be construed as including references to the Order as amended or re-enacted (with or without modification) by rules of court. Regulations (Part 3). 20.—(1) The Minister may make regulations for— (a) prescribing, with the consent of the Minister for Finance, fees payable to an Appeals Officer in relation to appeals, including oral hearings of such appeals; different fees may be payable in relation to cases of different classes or description, and (b) the purpose of enabling this Act to have full effect. (2) All fees received under regulations made under subsection (1) shall be disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct. Offences and penalties. 21.—(1) A person who communicates with an Appeals Officer for the purpose of influencing improperly the consideration by an Appeals Officer of an appeal or the decision of an Appeals Officer in relation to an appeal is guilty of an offence. (2) (a) A person who in or in relation to an application for a licence, or an appeal against a decision on an application for a licence or the revocation or amendment of a licence, makes a statement in writing which to the person's knowledge is false or misleading in a material respect is guilty of an offence. (b) Where a person is convicted of an offence under paragraph (a), any licence granted to that person, or to some other person on whose behalf the convicted person was authorised to act, consequent on the application or appeal in relation to which the information was furnished, shall be revoked from the date of the conviction. (3) (a) Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. (b) Where the affairs of a body corporate are managed by its members, paragraph (a) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate. (4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding €3,000. PART 4 Conservation and Management of Fish Stocks Interpretation (Part 4). 22.—(1) In this Part— “Act of 1978” means Fisheries (Amendment) Act 1978; “Agreement” means the United Nations Agreement on the implementation of the provisions of the Convention relating to the conservation and management of straddling fish stocks and highly migratory fish stocks, done at New York on 4 August 1995 and signed on behalf of the State at New York on 27 June 1996, the text of which in the English language is, for convenience of reference, set out in Schedule 2; “conservation area” shall be construed in accordance with section 24 ; “conservation regulations” means regulations made under section 25 ; “Convention” means the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982 and ratified by the State on 21 June 1996; “highly migratory fish stocks” means stocks of fish species listed in Schedule 3 ; “licence” means, in the case of an Irish sea-fishing boat, a licence granted under section 222B(3) of the Principal Act and, in the case of a foreign sea-fishing boat, a similar licence granted by the competent authority of the flag state of the boat; “master”, in relation to a sea-fishing boat, includes a person in charge of the boat; “party state” means a state which has consented to be bound by the Agreement and for which the Agreement is in force and which has been declared to be a party state by the Minister for Foreign Affairs under section 23 ; “straddling fish stocks” means stocks occurring within the exclusive economic zones of two or more coastal states or both within the exclusive economic zones of two or more coastal states and in an area beyond and adjacent to such zones. (2) A word or expression which is used in this Part and which is also used in the Agreement has, unless the context otherwise requires, the same meaning in this Part as it has in the Agreement. Party states. 23.—(1) The Minister for Foreign Affairs may by order declare— (a) that any state specified in the order is a party state, and (b) that a designation of an appropriate authority (the details of which shall be set out in the order) has been made to the Secretary-General of the United Nations by that state pursuant to Article 21(4) of the Agreement. (2) An order that is in force under subsection (1) shall be prima facie evidence that any state specified in the order is a party state. (3) The Minister for Foreign Affairs may by order amend or revoke an order under subsection (1). (4) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made. Conservation areas. 24.—(1) The Minister may by order declare that an area of the high seas (the co-ordinates of which shall be set out in the order) is a conservation area (“conservation area”) being an area of the high seas which is a conservation and management area for straddling fish stocks and highly migratory fish stocks covered by a subregional or regional fisheries management organisation or arrangement for the purposes of Part III of the Agreement. (2) An order that is in force under subsection (1) shall be prima facie evidence that the area of the high seas mentioned in the order is a conservation area. (3) The Minister may by order amend or revoke an order under subsection (1). (4) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made. Regulations relating to conservation and management of straddling and highly migratory fish stocks. 25.—(1) Without prejudice to the generality of section 3 (1) of the European Communities Act 1972 , the Minister may by regulations (“conservation regulations”) make provision to give effect to any provision either of the treaties or of any act adopted by an institution of the European Communities which authorises any or all of the Member States of the European Communities to prohibit, or otherwise regulate in a manner specified in the provision, fishing of straddling fish stocks or highly migratory fish stocks— (a) with respect to any sea-fishing boat within the exclusive fishery limits of the State, in waters, or in part of waters, under its or their sovereignty or jurisdiction, (b) with respect to an Irish sea-fishing boat, wherever it may be, in waters anywhere, and (c) with respect to a foreign sea-fishing boat flying the flag of a party state within a conservation area, in waters outside those under its or their sovereignty or jurisdiction (subject to the rules of international law). (2) Conservation regulations may include such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations (including provisions repealing, amending or applying, with or without modification, other enactments, exclusive of this Act). (3) A person who fishes or attempts to fish in contravention of any conservation regulation is guilty of an offence and is liable on conviction on indictment to a fine not exceeding €500,000 and, as a statutory consequence of the conviction, to forfeiture of all or any fish or fishing gear found on the boat to which the offence relates. Sea fisheries protection officers. 26.—(1) Section 220 of the Principal Act is amended by— (a) substituting for paragraph (b) the following paragraph: “(b) every member of the Defence Forces (not below the rank of corporal or leading rating) for the time being serving on board any ship, vessel or aircraft belonging to or employed in the service of the State;”, and (b) deleting paragraph (e). (2) Subject to any Agreement procedures and subsection (3) in the case of a foreign sea-fishing boat flying the flag of another party state, a sea fisheries protection officer may, for the purpose of enforcing conservation regulations or section 27 or ensuring compliance with conservation and management measures for straddling fish stocks and highly migratory fish stocks established by a subregional or regional fisheries management organisation or arrangement under the Agreement, with respect to an Irish sea-fishing boat or a foreign sea-fishing boat flying the flag of another party state, within a conservation area, do all or any of the following: (a) order the boat to be stopped for the purposes of identification or of allowing the officer to board it, (b) board and search the boat, (c) inspect— (i) the boat and any gear, facilities, fish and fish products on the boat, and (ii) any relevant documents, and for that purpose to require the master or a member of the crew of the boat to produce any certificates of registry, licences, log-books, papers or other documents relating to the boat, for inspection and take extracts from or copies of such, to verify compliance with the relevant conservation and management measures under the Agreement or any conservation regulations, (d) require the name and address of every person on board the boat, (e) if the officer suspects there has been a serious violation or a serious contravention of, or a serious failure to comply with, any conservation regulations, section 27 or subsection (6), by any person on board the boat, the officer may, without warrant, arrest the person and seize and detain the boat and take the boat and all persons on board the boat to the nearest or most convenient port and there or at such other suitable port detain the boat and persons, (f) use such reasonable force as is necessary for the purpose of exercising the foregoing powers, (g) exercise such other powers of inspection, in respect of a foreign sea-fishing boat flying the flag of another party state, as established in any Agreement procedures. (3) A sea fisheries protection officer may only exercise the powers of a sea fisheries protection officer under subsection (2) or (9) in respect of a foreign sea-fishing boat flying the flag of another party state in accordance with and if permitted by any Agreement procedures. (4) A sea fisheries protection officer boarding or intending to board or inspecting a sea-fishing boat under this section shall— (a) in the case of a foreign sea-fishing boat flying the flag of another party state, comply with any Agreement procedures, (b) present credentials to the master of the boat and produce a copy of the text of the relevant conservation and management measures under the Agreement or conservation regulations pursuant to those measures in the conservation area in question, (c) initiate notice to the flag state at the time of the boarding and inspection, (d) not interfere with the master's ability to communicate with the authorities of the flag state during the boarding and inspection, (e) provide a copy of a report on the boarding and inspection to the master and to the authorities of the flag state concerned, noting therein any objection or statement which the master wishes to have included in the report, (f) promptly leave the boat following completion of the inspection if he or she finds no evidence of a serious violation, and (g) avoid the use of force except when and to the degree necessary to ensure the safety of the officer and where the officer is obstructed, intimidated or interfered with in exercising his or her duties. The degree of force used shall not exceed that reasonably required in the circumstances. (5) Where, following boarding and inspection under this section of a foreign sea-fishing boat flying the flag of a party state, there are clear grounds for believing that the boat has committed a serious violation, and the flag state concerned has either failed to respond or failed to take any action as required under Article 21(6) or (7) of the Agreement, a sea fisheries protection officer may remain on board the boat and secure evidence and may require the master to assist in further investigation, including, where appropriate, by bringing the boat without delay to the nearest appropriate port as specified in any Agreement procedures. (6) A person who— (a) obstructs, intimidates or interferes with a sea fisheries protection officer in the exercise of any of the powers conferred on him or her, or (b) refuses or neglects to comply with any requirement of such officer or answer any question asked by such officer, under this section is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months, or to both. (7) In a prosecution for an offence under subsection (6) it is a defence for the defendant to show that the sea fisheries protection officer concerned failed to comply with subsection (4). (8) A sea fisheries protection officer or a person acting under the orders of a sea fisheries protection officer is not liable in any proceedings for anything done in the purported exercise of the powers of a sea fisheries protection officer under this section or section 27 if the court is sa …