Fisheries (Amendment) Act, 1983
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Fishing by certain sea-fishing boats restricted. |
2.—Chapter II of Part XIII of the Principal Act is hereby amended by the insertion of the following section after section 222A (inserted by section 7 of the Act of 1978): | |
“222B. (1) This section applies to any sea-fishing boat which is— | ||
(a) a fishing boat within the meaning of Part IV of the Act of 1894 and which— | ||
(i) is entered in the fishing boat register, or | ||
(ii) is required by section 373, as amended by the Act of 1983, of the Act of 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 Act of 1955, or | ||
(ii) is required by section 18, as amended by the Act of 1983, of the Act of 1955 to be so registered, or | ||
(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) Subject to subsection (4) (b) of this section, 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 granted for the purposes of this section and in relation to the boat by the Minister. | ||
(3) (a) The Minister may grant licences for the purposes of this section. | ||
(b) An application for a licence for the purposes of this section shall be in such form, shall contain such particulars as the Minister may reasonably require and shall be made to the Minister 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 licence for the purposes of this section, subject to subsection (4) (a) of this section, the Minister may allow or refuse the application. | ||
(4) (a) The Minister shall not grant a licence for the purposes of this section unless the sea-fishing boat in relation to which the licence is granted is wholly owned by an Irish citizen or a body corporate established under and subject to the law of the State and having its principal place of business in the State. | ||
(b) The Minister may by regulations provide that sea-fishing boats which are of a class or description specified in the regulations shall be exempt from the provisions of subsection (2) of this section, and in case regulations under this subsection are for the time being in force, subsection (2) of this section shall be construed and have effect subject to the terms of the regulations. | ||
(5) (a) The Minister may attach to a licence granted for the purposes of this section 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 shall think fit and he 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 licence granted for the purposes of this section 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, | ||
(iii) specify an event or other circumstance on the occurrence of which the licence shall cease to be in force. | ||
(c) Where the Minister is satisfied that a person has fished in contravention of a condition attached to a licence granted for the purposes of this section or that a person has attempted so to fish, he may, if he thinks fit, revoke the licence. | ||
(6) Without prejudice to the generality of subsection (3) (c) of this section, where the Minister receives an application for a licence for the purposes of this section and— | ||
(a) the application relates to a sea-fishing boat which is owned by a body corporate and the Minister 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 Minister is satisfied that the applicant has previously used or attempted to use a sea-fishing boat for sea-fishing in contravention of, or that he has fished for sea-fish or has attempted so to fish contrary to, subsection (2) of this section, | ||
he may refuse the application. | ||
(7) (a) A person who uses or attempts to use a sea-fishing boat in contravention of subsection (2) of this section shall be 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 shall be guilty of an offence. | ||
(8) In this section— | ||
‘the Act of 1983’ means the Fisheries (Amendment) Act, 1983; | ||
‘a 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; | ||
‘a qualified individual’ means an individual person who is a national of a Member State.”. |