Fisheries (Consolidation) Act, 1959

PART XIII.

Sea fisheries.

Chapter I.

Preliminary.

Definitions for purposes of Part XIII.

219.—In this Part—

the expression “the exclusive fishery limits of the State” means that portion of the seas within which Irish citizens have, by international law, the exclusive right of fishing and, where such portion is defined by the terms of any convention, treaty or arrangement for the time feeing in force between the State and any other State, includes, as regards the ships and subjects of that other State, the portion so defined;

the expression “fishing gear” includes any net, trap, line or other apparatus of whatsoever kind used or capable of being used for catching fish, and any rope, warp, pole or other thing of whatsoever kind fastened to or capable of being used with such net, trap, line or other apparatus;

the expression “foreign sea-fishing boat” means a sea-fishing boat which is not an Irish sea-fishing boat;

the expression “Irish sea-fishing boat” means a sea-fishing boat which is either—

(a) a boat registered in the State under the Merchant Shipping Acts, 1894 to 1947, or

(b) a boat the owner or, if there is more than one owner the managing owner of which resides or has his principal place of business in the State;

the word “master”, when used in relation to a sea-fishing boat, means the master, skipper or other person for the time being in charge of such boat;

the word “net” means any trawl, seine or other net towed or hauled or intended to be towed or hauled, on or near the bottom of the sea;

the word “sea-fish” means fish of any kind (except salmon and fresh water eels) found in the sea and whether fresh or in other condition and includes crustaceans and molluscs found in the sea;

the expression “sea-fishing” means fishing for or taking sea-fish in tidal waters;

the expression “sea fishing boat” means—

(a) where it occurs in Chapter II of this Part or in section 232 or in section 233 (so far as that section confers powers on a sea fisheries protection officer for the purposes of enforcing the said Chapter II or any instrument made thereunder)—any ship, boat or other vessel of whatsoever kind used for sea-fishing,

(b) where it occurs in Chapter III of this Part or in section 233 (so far as that section confers powers on a sea fisheries protection officer for the purposes of enforcing the said Chapter III or any order made thereunder)—any ship, boat or other vessel of whatsoever kind used for sea fishing, and includes any vessel or boat used for the treatment of fish or partly or wholly for the transport of fish.