Sea Fisheries Protection Act, 1933

Restriction on sea fishing boats entering exclusive fishery limits.

3.—(1) It shall not be lawful for any sea-fishing boat, which is not a Saorstát Eireann sea-fishing boat, to enter within the exclusive fishery limits of Saorstát Eireann except for—

(a) a purpose recognised by international law; or

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

(c) any other lawful purpose.

(2) If any sea-fishing boat, which is not a Saorstát Eireann sea-fishing boat, enters within the exclusive fishery limits of Saorstát Eireann for any purpose mentioned in the foregoing sub-section the following provisions shall have effect, that is to say:—

(a) such boat shall return outside of the said limits so soon as such purpose has been answered;

(b) no person on board such boat shall fish or attempt to fish while such boat remains within the said limits;

(c) any regulations made under this section and for the time being in force shall be duly observed;

(3) The Minister may by order make regulations in relation to the maintenance of good order amongst sea-fishing boats, which are not Saorstát Eireann sea-fishing boats, for the time being within the exclusive fishery limits of Saorstát Eireann, and the persons on board such boats.

(4) If—

(a) any sea-fishing boat, which is not a Saorstát Eireann sea-fishing boat, enters within the exclusive fishery limits of Saorstát Eireann in contravention of sub-section (1) of this section, or

(b) any such sea-fishing boat having lawfully entered within the exclusive fishery limits of Saorstát Eireann there has been a contravention in relation to such boat (whether by commission or omission) of any of the provisions of sub-section (2) of this section,

the master of such boat shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section to a fine not exceeding fifty pounds and, in the case of a second or any subsequent offence under this section, to a fine not exceeding one hundred pounds, and in either case the court may also forfeit any fish found on such boat and any fishing gear thereon.