Fisheries (Amendment) Act 2003

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“Sea-fishing boat licences.

222B.—(1) This section applies to any sea-fishing boat which is—

(a) a fishing boat within the meaning of Part IV of the Merchant Shipping Act 1894 and which—

(i) is entered in the Register of Fishing Boats,

(ii) is required by section 373 (as amended by the Act of 1983) of the Merchant Shipping Act 1894 to be so entered, or

(iii) but for the passing of the Act of 1983 would, by the said section 373, be required to be so entered,

or

(b) a ship which—

(i) is registered under the Mercantile Marine Act 1955 ,

(ii) is required by section 18 (as amended by the Act of 1983) of the Mercantile Marine Act 1955 to be so registered,

(iii) but for section 8(1) of the Act of 1983 would be required to be or might be so registered, or

(iv) may be so registered.

(2) A sea-fishing boat to which this section applies shall not be used for sea-fishing (whether within the exclusive fishery limits of the State or otherwise) nor shall a person on board such a boat fish for sea-fish or attempt so to fish, save under and in accordance with a licence (‘sea-fishing boat licence’) granted for the purposes of this section and in relation to the boat by the licensing authority.

(3) (a) The licensing authority may grant sea-fishing boat licences.

(b) An application for a sea-fishing boat licence shall be—

(i) made to the licensing authority,

(ii) in such form and contain such particulars as the licensing authority may specify, and

(iii) made by or on behalf of the owner of the boat in respect of which the application is made.

(c) Where an application is made for a sea-fishing boat licence, the licensing authority may, subject to subsection (5) of this section, allow or refuse the application.

(d) In deciding on the grant or refusal of a sea-fishing boat licence or the attachment of conditions to licences the licensing authority may take account of economic and social benefits which the operation of a boat would be likely to contribute to the coastal communities and regions which the quotas within the meaning of Council Regulation No. 2371/2002 of 20 December 2002¹ are designed to benefit, including—

(i) the projected annual number of landings at ports in the State,

(ii) the projected annual tonnage and value of fish landed in the State,

(iii) the projected annual level of expenditure in the State on wages, fuel, supplies, equipment and services, and

(iv) the projected annual level of social security and tax payments in the State in respect of employees and the operation of the boat,

and the protection, conservation and sustainable exploitation of living marine aquatic species and requirements of the Common Fisheries Policy of the European Community.

(4) The licensing authority shall not grant a sea-fishing boat licence in respect of a sea-fishing boat unless an independent survey of the boat conducted by a competent person approved of by the licensing authority has confirmed to the satisfaction of the authority that the boat is in a safe and sea-worthy condition.

(5) The licensing authority shall not grant a sea-fishing boat licence unless the sea-fishing boat in relation to which the licence is granted is wholly owned by a national of a Member State or a body corporate established under and subject to the law of a Member State and having its principal place of business in a Member State.

(6) Where a sea-fishing boat is owned by a body corporate, the name, address and nationality of the beneficial owner or owners of the shares in, or of the person or persons who otherwise controls or control, the body corporate, shall be given to the licensing authority—

(a) on application for a sea-fishing boat licence in respect of the boat, or

(b) where a sea-fishing boat licence is in force in respect of the boat, if there is any change in such ownership or control.

(7) (a) A body corporate which is applying for a sea-fishing boat licence or holds a sea-fishing boat licence must have an agent in the State and give the licensing authority the name and address of the agent and details of contacting the agent at any time by or on behalf of the licensing authority.

(b) The licensing authority may, as the case may be, refuse to grant or suspend (for such period as he or she sees fit) or revoke a sea-fishing boat licence where he or she considers that a body corporate is not complying with paragraph (a) to the satisfaction of the authority.

(8) (a) The licensing authority may attach to a sea-fishing boat licence granted such terms (including terms specifying the period during which the licence is to remain in force or an event or other circumstance on the occurrence of which the licence is to come into force) and conditions (including conditions precedent to the licence's becoming operative) as he or she shall think fit and he or she may also attach further conditions to or vary the conditions already attached to such a licence or remove any such condition.

(b) Without prejudice to the generality of paragraph (a) of this subsection, a condition attached to a sea-fishing boat licence may—

(i) restrict sea-fishing by the boat to which the licence relates in a manner specified in the condition.

(ii) require that for so long as the licence is in force the members of the crew of such boat, or of any proportion of such members specified in the condition, shall be of a nationality specified in the condition, or

(iii) specify an event or other circumstance on the occurrence of which the licence shall cease to be in force.

(c) Where the licensing authority is satisfied that a person has fished in contravention of a condition attached to a sea-fishing boat licence or that a person has attempted so to fish, the licensing authority may, if he or she thinks fit, revoke or suspend (for such period as he or she sees fit) the licence.

(9) (a) The holder of a sea-fishing boat licence suspended or revoked under subsection (7)(b) or (8)(c) of this section shall, as soon as practicable, surrender the licence to the licensing authority.

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

(c) Where a licence has been suspended under subsection (7)(b) or (8)(c) the District Court may, upon application to it, direct the licensing authority to re-issue and return the licence or it may reduce the period of suspension.

(10) Without prejudice to the generality of subsection (3)(c) of this section, where the licensing authority receives an application for a sea-fishing boat licence and—

(a) the application relates to a sea-fishing boat which is owned by a body corporate and the licensing authority is not satisfied that the body corporate is under the control of, beneficially owned by or under the control of and beneficially owned by a person or persons who, or, as may be appropriate, each of whom, is either a qualified individual or a qualified body, or

(b) the licensing authority is satisfied that the applicant has previously used or attempted to use a sea-fishing boat for sea-fishing in contravention of, or that the applicant has fished for sea-fish or has attempted so to fish contrary to, subsection (2) of this section,

he or she may refuse the application.

(11) (a) Where the holder of a sea-fishing boat licence—

(i) ceases to be the owner of the sea-fishing boat to which the licence relates, or

(ii) is a body corporate which ceases to be under the control of or beneficially owned by or under the control of and beneficially owned by a person or persons who, or, as may be appropriate, each of whom, is either a qualified individual or a qualified body,

the licence ceases to have effect and the holder of the licence shall, as soon as practicable, deliver the licence to the licensing authority.

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

(12) (a) A person who uses or attempts to use a sea-fishing boat in contravention of subsection (2) of this section is guilty of an offence.

(b) A person who, while on board a sea-fishing boat, fishes for sea-fish or attempts so to fish in contravention of subsection (2) of this section is guilty of an offence.

(13) In this section—

‘Act of 1983’ means Fisheries (Amendment) Act 1983;

‘qualified body’ means a body corporate in which all of the shares are beneficially owned, or the body is otherwise controlled, by one or more individuals who, or, as may be appropriate, each of whom is, a qualified individual;

‘qualified individual’ means an individual person who is a national of a Member State;

‘licensing authority’ has the meaning assigned to it by section 3 of the Fisheries (Amendment) Act 2003;

‘Member State’ means a Member State of the European Communities.”.