Fisheries (Amendment) Act 2003
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Duty of master of sea-fishing boat in conservation area. |
27.—(1) It shall be the duty of the master or other person in charge of an Irish sea-fishing boat or a foreign sea-fishing boat flying the flag of a party state in any conservation area— | |
(a) to accept and facilitate prompt and safe boarding by a sea fisheries protection officer under section 26 (2), | ||
(b) to co-operate with and assist in the inspection under section 26 (2) of the sea-fishing boat, | ||
(c) not to obstruct, intimidate or interfere or allow any obstruction, intimidation or interference with the sea fisheries protection officer in the exercise of his or her powers under section 26 (2), | ||
(d) to allow the sea fisheries protection officer to communicate with the authorities of the flag state and the inspecting state during the boarding and inspection, | ||
(e) to provide reasonable facilities, including where appropriate, food and accommodation, to the sea fisheries protection officer, and | ||
(f) to facilitate safe disembarcation by the sea fisheries protection officer. | ||
(2) Where the master of a sea-fishing boat refuses to accept boarding and inspection in accordance with section 26 or Article 21 of the Agreement, the sea fisheries protection officer concerned shall (except in circumstances where, in accordance with generally accepted international regulations, procedures and practices relating to safety at sea, it is necessary to delay the boarding and inspection) direct the master to submit immediately to boarding and inspection. | ||
(3) If a direction under subsection (2) is not complied with— | ||
(a) the sea fisheries protection officer shall order the sea-fishing boat to be returned to port immediately and the master shall comply with the direction forthwith, and | ||
(b) where the boat is an Irish sea-fishing boat, any licence in force in respect of the boat shall stand suspended forthwith. The period of suspension of the licence shall, subject to subsection (6), be decided by the licensing authority. | ||
(4) A person who fails to comply with subsection (1) or (2) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000. | ||
(5) A person who fails to comply with subsection (3)(a) 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 any fish or fishing gear on the sea-fishing boat concerned. | ||
(6) Where a licence has been suspended under subsection (3)(b), the District Court may, upon application to it, if it thinks the circumstances so warrant, direct the licensing authority to re-issue and return the licence or it may reduce the period of suspension. | ||
(7) A licence suspended under subsection (3)(b) shall be delivered to the licensing authority as soon as practicable after it is suspended. | ||
(8) A person who fails to comply with subsection (7) is guilty of an offence and is liable on summary conviction to a fine not exceeding €500. |