Fisheries (Amendment) Act, 1983

Regulations requiring sea-fishing boats to comply with certain conditions.

3.—Chapter II of Part XIII of the Principal Act is hereby amended by the insertion of the following section after section 222B (inserted by section 2 of this Act):

“222C. (1) Subject to subsection (2) of this section, the Minister may by regulations specify conditions which shall be complied with by sea-fishing boats to which the regulations apply in relation to—

(a) fishing for sea-fish within the exclusive fishery limits of the State, or

(b) the landing in the State of fish from such boats, or

(c) the trans-shipment of fish to or from such sea-fishing boats, whether in port or otherwise, within such limits.

(2) Without prejudice to the generality of subsection (1) of this section, conditions specified in regulations under this section may—

(a) require that a sea-fishing boat to which the condition applies shall not be used to fish for sea-fish, be used to land fish or be used for the trans-shipment of fish unless the nationality of members of the crew of such boat, or of any proportion of such members specified in the condition, complies with requirements in that regard so specified,

(b) apply in relation to—

(i) fishing for sea-fish generally or for sea-fish of a particular class or description so specified,

(ii) the landing of fish generally or of fish of a particular such class or description,

(iii) the trans-shipment of fish generally or of fish of a particular such class or description,

(c) apply to sea-fishing boats generally or to sea-fishing boats which are registered in a particular country or territory (including the State) specified in the regulations or in any of two or more such countries or territories so specified or to sea-fishing boats which are of any other such class or description.

(3) A person who is on board a sea-fishing boat which does not comply with conditions specified in regulations under this section and which apply to her shall not fish, land or trans-ship fish in contravention of any such condition, or attempt so to fish or to land or trans-ship fish.

(4) A person who contravenes subsection (3) of this section shall be guilty of an offence.

(5) A person guilty of an offence under this section shall be liable, on conviction on indictment, to a fine not exceeding £200,000, and, as a statutory consequence of the conviction, to forfeiture of all of the following found on the boat to which the offence relates:

(a) any fish,

(b) any fishing gear.”.