Sea Fisheries Act, 1952

Licensing of vessels for sea-fishing.

9.—(1) No vessel exceeding thirty-five feet over all in length shall be used for sea-fishing except under and in accordance with a licence under this section.

(2) (a) A licence for a vessel may be granted by the Minister on application made by or on behalf of the owner, charterer or hirer of the vessel.

(b) The application shall be in the prescribed form and contain such particulars as the Minister may require.

(3) (a) A licence shall not be granted unless the vessel is registered in the State under the Merchant Shipping Acts, 1894 to 1947, and is owned by an Irish citizen or a company incorporated under the Companies Acts, 1908 to 1924, the whole of the share capital of which is held by Irish citizens.

(b) This prohibition shall not apply in relation to the Board or to a vessel which on the 1st day of February, 1952, is registered in the State under the Merchant Shipping Acts, 1894 to 1947, so long as it continues to be so registered.

(4) A licence may be granted without limit as to time or for a specified period.

(5) A licence may be granted subject to such conditions as the Minister thinks fit, including restrictions on sea-fishing either generally or in regard to methods of sea-fishing in particular places and as to disposal of the catches and the Minister may from time to time vary any condition or impose new conditions.

(6) Where—

(a) a vessel is licensed under this Act, and

(b) any person being owner, charterer or hirer of the vessel, or if such person is a body corporate, any member thereof or the master of the vessel is directly engaged in either the wholesale or retail sale of fresh fish,

the catches of the vessel shall be delivered for sale to the Board or disposed of according to the directions of the Board.

(7) A licence for a vessel shall be valid only if and so long as no person, other than a person named in the licence or his legal personal representative, is the owner, charterer or hirer of the vessel.

(8) A licence shall be carried on board the vessel to which it relates and the owner, charterer, hirer or master shall, on demand, produce the licence for inspection by any sea fisheries protection officer under the Sea Fisheries Protection Act, 1933 , as amended by section 34 of the Fisheries (Statute Law Revision) Act, 1949 .