Fisheries (Amendment) Act 2003

Suspension or cancellation of certificate of competency of master, etc., of Irish sea-fishing boat in certain circumstances.

29.—(1) On conviction on indictment of a person under section 221, 222, 222A, 222B, 222C, 223, 223A, 224B, 226 or 227 of the Principal Act, a conservation regulation or section 27 (5), the court may at its discretion, in addition to any other fines and forfeitures to which any such person may be liable, suspend or cancel a certificate of competency held by the person being the master or other officer of the Irish sea-fishing boat concerned and require the holder to surrender the certificate to the Minister.

(2) Where a certificate of competency has been suspended or cancelled under subsection (1), the court may, upon application to it, if it thinks the circumstances so warrant, direct the Minister to re-issue and return the certificate suspended or cancelled or it may reduce the period of suspension.

(3) Any certificate of competency suspended or cancelled under this section shall be delivered to the Minister as soon as practicable after it is suspended or cancelled.

(4) A person who fails to comply with subsection (3) is guilty of an offence and is liable on summary conviction to a fine not exceeding €500.

(5) In this section, “certificate of competency” means a valid certificate of competency issued by the Minister under section 3 of the Merchant Shipping (Certification of Seamen) Act 1979 .