Fisheries (Amendment) Act, 1962

Conservation of fish stocks and rational exploitation of fisheries.

35.—(1) Where the Minister, having regard to any international agreement to which the State is a party, is satisfied that it is necessary so to do, the Minister may by order prescribe and adopt such measures of conservation of fish stocks and rational exploitation of fisheries as the Minister thinks proper.

(2) Every person who contravenes or attempts to contravene any provision of an order under this section shall be guilty of an offence and shall on summary conviction be liable to a fine not exceeding one hundred pounds and the provisions of Chapter IV of Part XIII of the Principal Act shall apply to any such offence as if, for references therein to an offence under that Part, there were substituted references to an offence under this section.

(3) Where a person is convicted of an offence under this section, any fishing gear or fish by means of or in relation to which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

(4) Where a second or any subsequent offence under this section has been committed on board the same boat, whether the person convicted is or is not the same person on each occasion, and the boat is at the time of the commission of the offence owned or part owned by a person who was the owner or part owner of the boat on the occasion of the commission of any previous offence, the Court may, in addition to any other penalty or penalties under this section, order the boat to be forfeited.

(5) A sea fisheries protection officer shall, for the purpose of enforcing an order under this section, have in relation to any sea-fishing boat and the owner, master or crew thereof the like powers as are conferred upon a sea fisheries protection officer by subsection (1) of section 233 of the Principal Act and the provisions of that section and of section 234 of that Act shall apply accordingly.

(6) The Minister may by order revoke or amend an order under this section, including an order under this subsection.

(7) In this section “master”, “sea-fishing boat” and “sea fisheries protection officer” have the meanings assigned to them by Part XIII of the Principal Act.