Sea-Fisheries and Maritime Jurisdiction Act 2006

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Number 8 of 2006


SEA-FISHERIES AND MARITIME JURISDICTION ACT 2006


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, collective citation and construction.

2. Definitions.

3. Regulations.

4. Repeals and Revocations.

5. Expenses.

PART 2

Sea-Fisheries

Chapter 1

Preliminary

6. Definitions (Part 2).

7. Moville and Louth areas.

Chapter 2

Regulation of Sea-Fishing

8. Restriction on foreign sea-fishing boats entering exclusive fishery limits.

9. Provisions in relation to foreign sea-fishing boats lawfully entering exclusive fishery limits.

10. Unauthorised fishing while on board foreign sea-fishing boat within exclusive fishery limits.

11. Contravention of EC Regulation (common fisheries policy).

12. Management of State’s fishing quota — notices.

13. Management and Regulation of State’s fishing opportunities and fishing effort — authorisations.

14. Regulations to give effect to common fisheries policy.

15. National regulatory measures to supplement common fisheries policy.

Chapter 3

Sea-Fisheries Protection Officers — Detention of boats — Related offences

16. Sea-fisheries protection officers.

17. Powers of sea-fisheries protection officer related to the inspection, examination and detention of sea-fish, etc.

18. Powers of sea-fisheries protection officer relating to fishing boats.

19. Detention of boats and persons on board when offences suspected.

20. Detention of boats and persons charged or to be charged pending prosecution.

21. Detention of boats pending determination of any proceeding (including appeals) under relevant provision.

22. Recovery of fine for offence under relevant provision and possession by sea-fisheries protection officer of articles forfeited.

23. Trial in District Court of person charged with offence on boat detained by sea-fisheries protection officer.

24. Offence — obstruction, etc., of sea-fisheries protection officer.

25. Offence — assaulting sea-fisheries protection officer.

26. Immunity of sea-fisheries protection officer.

Chapter 4

Matters relating to indictable fishery offences, proceedings, forfeiture

27. Option for accused persons as regards proceedings in relation to indictable offences under Sea-Fisheries Acts 2003 and 2006.

28. Penalties and forfeiture for certain indictable fishery offences.

29. Non-obligation of Court to pronounce or record forfeiture where forfeiture falls as a statutory consequence of conviction.

30. Disposal of forfeitures.

31. Forfeiture of proceeds from disposal of illegally-caught fish.

32. Prosecutor may appeal dismissal of proceedings in District Court.

33. Proof that boat is foreign sea-fishing boat.

34. Offence by body corporate, etc.

35. Service of trial documents — persons resident outside State.

36. Defence.

37. Presumption.

38. Prosecution of summary offences — Sea-Fisheries Acts 2003 and 2006.

39. Prosecution of sea-fisheries offences by DPP and saver.

Chapter 5

Sea-Fisheries Protection Authority

40. Establishment day.

41. Establishment of Sea-Fisheries Protection Authority.

42. Independence of Authority.

43. Functions of Authority.

44. Transfer of functions.

45. Transfer of assets and liabilities of staff, etc., transferred.

46. Policy directions by Minister to Authority.

47. Members of Authority.

48. Consultative Committee.

49. Complaints procedures.

50. Staff of Authority.

51. Sea-fisheries protection officers.

52. Transfer of staff from Minister to Authority.

53. Consultants and advisers.

54. Indemnity.

55. Membership of House of Oireachtas, European Parliament and local authorities.

56. Code of Conduct.

57. Disclosure of interests.

58. Disclosure of confidential information.

59. Superannuation of members of Authority.

60. Superannuation of staff of Authority.

61. Resources made available by Minister to Authority.

62. Grants to Authority.

63. Fees.

64. Borrowings.

65. Accounts and annual report of Authority.

66. Strategy Statement of Authority.

67. Publication of reports of Authority.

68. Accountability of Authority to Committees of Oireachtas.

69. Premises of Authority.

70. Seal of Authority.

71. Authority to keep itself informed on certain matters.

72. Provision of services by Authority.

73. Definitions (Chapter 5).

Chapter 6

Registration of sea-fishing boats and miscellaneous offences involving sea-fishing boats

74. Register of Fishing Boats.

75. Registration, lettering and numbering of sea-fishing boats.

76. Regulations.

77. Fees.

78. Continuance of Regulations of 2005.

79. Miscellaneous offences involving sea-fishing boats.

80. Definitions (Chapter 6).

PART 3

Maritime Jurisdiction (Including Exclusive Economic Zone and Exclusive Fishery Limits) of the State

81. Definitions (Part 3).

82. Territorial seas.

83. Outer limit of territorial seas.

84. Contiguous zone.

85. Baseline.

86. Internal waters.

87. Exclusive economic zone of State.

88. Exclusive fishery limits of State.

89. Jurisdiction in case of offence.

90. Prosecution of non-national for offence on foreign ship.

91. Saving as to jurisdiction.

92. Evidence as to extent of internal waters, territorial seas, exclusive economic zone and exclusive fishery limits.

93. Adaptation of enactments.

94. Laying of orders before Houses of Oireachtas.

PART 4

Amendments to Fisheries Acts 1959 to 2003, Mercantile Marine Act 1955, Fishery Harbour Centres Act 1968, Dumping at Sea Act 1996 and Maritime Safety Act 2005

Chapter 1

Trial of Offences

95. Provisions in relation to cases in District Court.

96. Prosecution of summary offences — Fisheries Acts 1959 to 2006.

Chapter 2

Licensing of sea-fishing boats and miscellaneous amendments to Act of 2003

97. Sea-fishing boat licences.

98. Tax clearance certification requirement for applicants for sea-fishing boat licences.

99. Miscellaneous amendments to Act of 2003.

Chapter 3

Mercantile Marine

100. Amendment of Act of 1955.

Chapter 4

Aquaculture

101. Miscellaneous amendments to Fisheries (Amendment) Act 1997 — aquaculture.

Chapter 5

Fishery Harbour Centres

102. Amendment of section 4 of Fishery Harbour Centres Act 1968.

Chapter 6

Dumping at Sea

103. Amendment of Dumping at Sea Act 1996.

Chapter 7

Maritime Safety

104. Amendment of Maritime Safety Act 2005.

SCHEDULE 1

Enactments Repealed

SCHEDULE 2

United Nations Convention on the Law of the Sea 1982

Part V — Exclusive Economic Zone

SCHEDULE 3

Functions under Regulations which are Transferred


Acts Referred to

British-Irish Agreement Act 1999

1999, No. 1

Carer’s Leave Act 2001

2001, No. 19

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Continental Shelf Act 1968

1968, No. 14

Copyright and Related Rights Act 2000

2000, No. 28

Courts Act 1964

1964, No. 11

Courts of Justice Act 1924

1924, No. 10

Courts of Justice Act 1936

1936, No. 48

Criminal Justice Act 1994

1994, No. 15

Criminal Justice Act 1999

1999, No. 10

Criminal Procedure Act 1967

1967, No. 12

Dumping at Sea Act 1996

1996, No. 14

Dumping at Sea Acts 1996 and 2004

European Communities Act 1972

1972, No. 27

European Parliament Elections Act 1997

1997, No. 2

Finance Act 2002

2002, No. 5

Fisheries Act 1980

1980, No. 1

Fisheries Acts 1959 to 2003

Fisheries (Amendment) Act 1962

1962, No. 31

Fisheries (Amendment) Act 1974

1974, No. 25

Fisheries (Amendment) Act 1978

1978, No. 18

Fisheries (Amendment) Act 1983

1983, No. 27

Fisheries (Amendment) Act 1994

1994, No. 23

Fisheries (Amendment) Act 1997

1997, No. 23

Fisheries (Amendment) Act 2001

2001, No. 40

Fisheries (Amendment) Act 2003

2003, No. 21

Fisheries and Foreshore (Amendment) Act 1998

1998, No. 54

Fisheries (Consolidation) Act 1959

1959, No. 14

Fisheries (Ireland) Act 1845

8 & 9 Vic., c. 108

Fisheries (Ireland) Act 1846

9 Vic., c. 3

Fisheries (Revision of Loans) Act 1931

1931, No. 33

Fishery Harbour Centres Act 1968

1968, No. 18

Fishery Harbour Centres Acts 1968 to 2005

Fishing Licences (Moville District) Act 1951

1951, No. 25

Food Safety Authority of Ireland Act 1998

1998, No. 29

Foyle Fisheries Act 1952

1952, No. 5

Freedom of Information Act 1997

1997, No. 13

Freshwater Fisheries (Prohibition of Netting) Act 1951

1951, No. 21

Local Government Act 2001

2001, No. 37

Maritime Jurisdiction Act 1959

1959, No. 22

Maritime Jurisdiction Acts 1959 to 1988

Maritime Jurisdiction (Amendment) Act 1964

1964, No. 32

Maritime Jurisdiction (Amendment) Act 1988

1988, No. 9

Maritime Safety Act 2005

2005, No. 11

Maritime Safety Acts 1992 to 2005

Maritime Security Act 2004

2004, No. 29

Mercantile Marine Act 1955

1955, No. 29

Merchant Shipping Act 1894

57 & 58 Vic., c. 60

Merchant Shipping Acts 1894 to 2005

Minimum Notice and Terms of Employment Acts 1973 to 2005

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Act 1998

1998, No. 30

Patents Act 1992

1992, No. 1

Petty Sessions (Ireland) Act 1851

14 & 15 Vic., c. 93

Prosecution of Offences Act 1974

1974, No. 22

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Public Offices Fees Act 1879

42 & 43 Vic., c. 58

Radiological Protection Act 1991

1991, No. 9

Redundancy Payments Acts 1967 to 2003

Sea Pollution Act 1991

1991, No. 27

Sea Pollution Acts 1991 to 1999

Sea Pollution (Amendment) Act 1999

1999, No. 18

Sea Pollution (Hazardous Substances) (Compensation) Act 2005

2005, No. 9

Taxes Consolidation Act 1997

1997, No. 39

Terms of Employment (Information) Acts 1994 and 2001

Trawling in Prohibited Areas Prevention Act 1909

9 Edw. 7, c. 8

Unfair Dismissals Acts 1977 to 2005

Wildlife Act 1976

1976, No. 39

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Number 8 of 2006


SEA-FISHERIES AND MARITIME JURISDICTION ACT 2006


AN ACT TO REVISE WITH AMENDMENTS PART XIII OF THE FISHERIES (CONSOLIDATION) ACT 1959 AND THE MARITIME JURISDICTION ACTS 1959 TO 1988, TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN IN THE IRISH LANGUAGE AS AN T-ÚDAR?S UM CHOSAINT IASCAIGH MHARA, OR IN THE ENGLISH LANGUAGE AS THE SEA-FISHERIES PROTECTION AUTHORITY, AND TO DEFINE ITS FUNCTIONS, TO AMEND AND EXTEND THE FISHERIES ACTS 1959 TO 2003, THE MERCANTILE MARINE ACT 1955, THE FISHERY HARBOUR CENTRES ACT 1968, THE DUMPING AT SEA ACT 1996 AND THE MARITIME SAFETY ACT 2005, TO AMEND OR REPEAL CERTAIN ENACTMENTS AND TO PROVIDE FOR CONNECTED MATTERS.

[4th April, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: