Fisheries (Amendment) Act, 1962

Amendment of section 219 of Principal Act.

19.—(1) Section 219 (which contains definitions for the purposes of Part XIII of the Principal Act) of the Principal Act is hereby amended by the substitution for the definition of “Irish sea-fishing boat” of the following definition:

“‘Irish sea-fishing boat’ means a sea-fishing boat which either—

(a) (i) is registered in the State under Part IV of the Merchant Shipping Act, 1894 , and

(ii) in the case of a boat becoming registered under the said Part IV after the 1st day of July, 1962, and exceeding thirty-five feet over all in length, is registered under the Mercantile Marine Act, 1955 ,

or

(b) (i) is exempted from registration under the said Part IV by regulations under section 373 of the Merchant Shipping Act, 1894 , and

(ii) is wholly owned by an Irish citizen or a body corporate established under and subject to the law of the State and having its principal place of business in the State;”

(2) There may be prescribed from time to time, if the Minister so thinks fit, a number of feet other than thirty-five for the purposes of the definition of “Irish sea-fishing boat” (inserted by this section) in section 219 of the Principal Act and, where a number of feet stands prescribed under this subsection, the reference in the said definition to thirty-five shall be deemed to be a reference to that number and the definition shall be construed and have effect accordingly.

(3) A certificate under the hand of the registrar of ships for the purposes of the Merchant Shipping Act, 1894 , and the Mercantile Marine Act, 1955 , at any port of registry in the State that a boat specified in the certificate is not registered in accordance withparagraph (a) of the definition of “Irish sea-fishing boat” (inserted by this section) in section 219 of the Principal Act at that port of registry shall be conclusive evidence that the boat is not so registered and certificates as aforesaid in relation to every port of registry in the State shall be conclusive evidence that the boat is not so registered in the State and it shall not be necessary to prove the signature of a registrar or that he was in fact a registrar.