Fisheries (Amendment) Act 2003

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.