Sea-Fisheries and Maritime Jurisdiction Act 2006
Number 8 of 2006
SEA-FISHERIES AND MARITIME JURISDICTION ACT 2006
REVISED
Updated to 20 June 2023
This Revised Act is an administrative consolidation of the Sea-Fisheries and Maritime Jurisdiction Act 2006. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Regulation of Lobbying and Oireachtas (Allowances to Members) (Amendment) Act 2023 (15/2023), enacted 22 June 2023, and all statutory instruments up to and including the Sea-Fisheries (North Western Waters Landing Obligation) (Amendment) (No. 2) Regulations 2023 (S.I. No. 323 of 2023), made 20 June 2023, were considered in the preparation of this revision.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 8 of 2006
SEA-FISHERIES AND MARITIME JURISDICTION ACT 2006
REVISED
Updated to 20 June 2023
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title, collective citation and construction.
Sea-Fisheries
Preliminary
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.
Regulation of Irish fishing masters
15A. Interpretation and application (Chapter 2A of Part 2).
15B. Irish Fishing Master Register
15C. Certificate of master registration.
15D. Data entered in Irish Fishing Master Register.
15E. Regulations relating to maintenance and administration of Irish Fishing Master Register.
15H. Notification of an alleged serious infringement.
15I. Assignment of points by Authority.
15J. Matters relating to points assigned.
15K. Suspension of Irish fishing master from Irish Fishing Master Register.
15L. Removal of master from Irish Fishing Master Register for accumulation of points or suspensions.
15N. Appeal to the Appeals Officer .
15O. Notification of assignment of points.
15P. Service of notifications to masters.
15Q. Matters relating to oral hearings .
15R. Offence of employing person who is suspended or removed from Irish Fishing Master Register.
15S. Consideration by Determination Panel and Appeals Officer of submissions.
15T. Extension of time limits.
Sea-Fisheries Protection Officers — Detention of boats — Related offences
16. Sea-fisheries protection officers.
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.
24. Offence — obstruction, etc., of sea-fisheries protection officer.
25. Offence — assaulting sea-fisheries protection officer.
26. Immunity of sea-fisheries protection officer.
Matters relating to indictable fishery offences, proceedings, forfeiture
28. Penalties and forfeiture for certain indictable fishery offences.
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.
38. Prosecution of summary offences —Sea-Fisheries Acts 2003and2006.
39. Prosecution of sea-fisheries offences by DPP and saver.
Sea-Fisheries Protection Authority
41. Establishment of Sea-Fisheries Protection Authority.
42. Independence of Authority.
45. Transfer of assets and liabilities of staff, etc., transferred.
46. Policy directions by Minister to Authority.
51. Sea-fisheries protection officers.
52. Transfer of staff from Minister to Authority.
55. Membership of House of Oireachtas, European Parliament and local authorities.
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.
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.
71. Authority to keep itself informed on certain matters.
72. Provision of services by Authority.
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.
78. Continuance of Regulations of 2005.
79. Miscellaneous offences involving sea-fishing boats.
PART 3 (Repealed)
Maritime Jurisdiction (Including Exclusive Economic Zone and Exclusive Fishery Limits) of the State
81. Definitions (Part 3). (Repealed)
82. Territorial seas. (Repealed)
83. Outer limit of territorial seas. (Repealed)
84. Contiguous zone. (Repealed)
85. Baseline. (Repealed)
86. Internal waters. (Repealed)
87. Exclusive economic zone of State. (Repealed)
88. Exclusive fishery limits of State. (Repealed)
89. Jurisdiction in case of offence. (Repealed)
90. Prosecution of non-national for offence on foreign ship. (Repealed)
91. Saving as to jurisdiction. (Repealed)
93. Adaptation of enactments. (Repealed)
94. Laying of orders before Houses of Oireachtas. (Repealed)
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
Trial of Offences
95. Provisions in relation to cases in District Court.
96. Prosecution of summary offences —Fisheries Acts 1959 to 2006.
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.
Mercantile Marine
100. Amendment of Act of 1955.
Aquaculture
101. Miscellaneous amendments to Fisheries (Amendment) Act 1997 — aquaculture.
Fishery Harbour Centres
102. Amendment of section 4 of Fishery Harbour Centres Act 1968.
Dumping at Sea
103. Amendment of Dumping at Sea Act 1996.
Maritime Safety
104. Amendment of Maritime Safety Act 2005.
Enactments Repealed
United Nations Convention on the Law of the Sea 1982
Part V — Exclusive Economic Zone
Functions under Regulations which are Transferred
Acts Referred to
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1999, No. 1 |
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2001, No. 19 |
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1993, No. 8 |
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1968, No. 14 |
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2000, No. 28 |
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1964, No. 11 |
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1924, No. 10 |
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1936, No. 48 |
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1994, No. 15 |
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1999, No. 10 |
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1967, No. 12 |
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1996, No. 14 |
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Dumping at Sea Acts 1996 and 2004 |
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1972, No. 27 |
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1997, No. 2 |
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2002, No. 5 |
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1980, No. 1 |
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Fisheries Acts 1959 to 2003 |
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1962, No. 31 |
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1974, No. 25 |
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1978, No. 18 |
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1983, No. 27 |
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1994, No. 23 |
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1997, No. 23 |
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2001, No. 40 |
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2003, No. 21 |
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1998, No. 54 |
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1959, No. 14 |
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Fisheries (Ireland) Act 1845 |
8 & 9 Vic., c. 108 |
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Fisheries (Ireland) Act 1846 |
9 Vic., c. 3 |
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1931, No. 33 |
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1968, No. 18 |
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Fishery Harbour Centres Acts 1968 to 2005 |
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1951, No. 25 |
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1998, No. 29 |
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1952, No. 5 |
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1997, No. 13 |
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1951, No. 21 |
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2001, No. 37 |
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1959, No. 22 |
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Maritime Jurisdiction Acts 1959 to 1988 |
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1964, No. 32 |
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1988, No. 9 |
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2005, No. 11 |
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Maritime Safety Acts 1992 to 2005 |
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2004, No. 29 |
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1955, No. 29 |
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Merchant Shipping Act 1894 |
57 & 58 Vic., c. 60 |
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Merchant Shipping Acts 1894 to 2005 |
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Minimum Notice and Terms of Employment Acts 1973 to 2005 |
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1997, No. 20 |
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1998, No. 30 |
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1992, No. 1 |
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Petty Sessions (Ireland) Act 1851 |
14 & 15 Vic., c. 93 |
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1974, No. 22 |
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2003, No. 29 |
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2001, No. 45 |
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Public Offices Fees Act 1879 |
42 & 43 Vic., c. 58 |
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1991, No. 9 |
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Redundancy Payments Acts 1967 to 2003 |
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1991, No. 27 |
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Sea Pollution Acts 1991 to 1999 |
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1999, No. 18 |
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Sea Pollution (Hazardous Substances) (Compensation) Act 2005 |
2005, No. 9 |
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1997, No. 39 |
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Terms of Employment (Information) Acts 1994 and 2001 |
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Trawling in Prohibited Areas Prevention Act 1909 |
9 Edw. 7, c. 8 |
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Unfair Dismissals Acts 1977 to 2005 |
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1976, No. 39 |
Number 8 of 2006
SEA-FISHERIES AND MARITIME JURISDICTION ACT 2006
REVISED
Updated to 20 June 2023
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-ÚDARÁS 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:
Annotations
Modifications (not altering text):
C1
Application of Act and collectively cited Aquaculture Acts 1997 to 2006, Dumping at Sea Acts 1996 to 2009, Maritime Safety Acts 1992 to 2006 and Sea-Fisheries Acts 2003 to 2007 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites
42. ...
(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies
...
Review of existing plans
46. ...
(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.
...
General provisions regarding licences etc
63. ...
(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.
...
SECOND SCHEDULE
|
Number |
Year |
Short Title/Citation |
|
... ... ... ... 8 ... ... |
... ... ... ... 2006 ... ... |
... Aquaculture Acts 1997 to 2006 ... Dumping at Sea Acts 1996 to 2009 ... Maritime Safety Acts 1992 to 2006 ... Sea Fisheries and Maritime Jurisdiction Act 2006 ... Sea-Fisheries Acts 2003 to 2007 ... |
C2
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-8.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
... No. 8 of 2006 ... |
... Sea-Fisheries and Maritime Jurisdiction Act 2006 ... |
... Sections 31(2)(a), 43(2), 48(13), 56, 61, 62, 63, 65, 69, 76(h) and 77 ... |
C3
Functions transferred and references to “Minister” and “Department of Finance” construed (4.07.2011 and 6.07.2011, appointed day) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), ss. 7, 9, 11 and sch. 2 part 1, commenced as per s. 1(2) and S.I. No. 401 of 2011.
Department of Public Expenditure and Reform.
7.— (1) There shall stand established on the appointed day a Department of State to be known, in the Irish language, as an Roinn Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Department of Public Expenditure and Reform.
(2) The member of the Government who is in charge of the Department of Public Expenditure and Reform—
(a) shall be known, in the Irish language, as an tAire Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Minister for Public Expenditure and Reform, and
(b) is, in this Act, referred to as the “Minister”.
...
Transfer of certain other functions to Minister.
9.— ...
(2) The functions conferred on the Minister for Finance by or under any of the provisions specified in Part 1 of Schedule 2 are transferred to the Minister.
...
Transfer of administration and business of Department of Finance.
11.— (1) The administration and business in connection with the performance of the functions transferred by sections 8 and 9 are hereby transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any statute or instrument under a statute in so far as they relate to the administration and business transferred by subsection (1) shall, from the appointed day, be construed as references to the Department of Public Expenditure and Reform.
...
SCHEDULE 2
Functions Transferred To Minister
...
PART 1
Functions performable with consent of Minister for Finance
STATUTES
|
Number and Year |
Short Title |
Provision |
|
... No. 8 of 2006 ... |
... Sea-Fisheries and Maritime Jurisdiction Act 2006 ... |
... Section 64 ... |
C4
Application of collectively cited Aquaculture Acts restricted (1.08.2008) by European Communities (Health of Aquaculture Animals and Products) Regulations 2008 (S.I. No. 261 of 2008), reg. 43(2)(b), in effect as per reg. 1.
Revocations, amendment, etc.
43.— ...
(2) If there is a conflict between — ...
(b) between the Aquaculture Acts and these Regulations, these Regulations prevail.
...
C5
Act included in definition of “food legislation” for purposes of Food Safety Authority of Ireland Act 1998 (29/1998) by Food Safety Authority of Ireland Act 1998 (29/1998), s. 2 and sch. 1 part 1 as amended (19.12.2007) by Food Safety Authority of Ireland Act 1998 (Amendment of First and Second Schedules) Order 2007 (S.I. No. 839 of 2007), art. 2.
Interpretation.
2.—(1) In this Act, except where the context otherwise requires— ...
“food legislation” means—
(a) the Acts (including any instruments made there under) specified in Part I,
(b) the statutory instruments specified in Part II,
(c) the Regulations of an institution of the European Communities specified in Part III,
of the First Schedule in so far as they relate to food safety and hygiene,
...
FIRST SCHEDULE
Food Legislation
PART I
Acts
...
[Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006).]
...
C6
Functions transferred and references to “Department of Communications, Marine and Natural Resources” and “Minister for Communications, Marine and Natural Resources” construed (19.10.2007) by Sea Fisheries, Foreshore and Dumping at Sea (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 707 of 2007), arts. 2 and 3, in effect as per art. 1, subject to transitional provisions in arts. 4-8.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Agriculture and Food.
(2) A reference to the Department of Communications, Marine and Natural Resources contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall be construed as a reference to the Department of Agriculture and Food.
3. (1) A function vested in the Minister for Communications, Marine and Natural Resources by or under—
(a) an enactment cited in Part 1 of the Schedule to this Order, and
...
is transferred to the Minister for Agriculture and Food.
(2) A reference to the Minister for Communications, Marine and Natural Resources contained in an enactment or instrument made under an enactment and relating to a function transferred by this Article shall be construed as a reference to the Minister for Agriculture and Food.
...
SCHEDULE
PART 1
Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006)
...
Fishery Harbour Centres Acts 1968 to 2006
...
Aquaculture Acts 1997 to 2006
...
Dumping at Sea Acts 1996 to 2006
C7
Functions transferred (1.01.2007, establishment day) by European Communities (Hygiene of Fishery Products and Fish Feed) Regulations 2006 (S.I. No. 335 of 2006), reg. 18(1), commenced as per reg. 18(1) by S.I. No. 376 of 2006.
Transfer of Minister’s functions to Sea-Fisheries Protection Authority.
18.— (1) Subject to paragraph (3), the functions of the Minister under these Regulations are transferred to the Sea-Fisheries Protection Authority on the establishment day appointed under section 40 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006).
...
C8
Application of collectively cited Fisheries Acts restricted (20.12.1999) by Fisheries (Amendment) Act 1999 (35/1999), s. 31, S.I. No. 419 of 1999.
Exclusion of Carlingford Area from Dundalk Fishery District.
31.—Notwithstanding anything in the Fisheries Acts, 1959 to 1998, the area comprising the Dundalk Fishery District does not include any part of the Carlingford Area within the meaning of paragraph 5 of Part 6 of Annex 2 to the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland establishing Implementation Bodies done at Dublin on the 8th day of March, 1999, the text of which is set out in the Schedule to the British-Irish Agreement Act, 1999 (No. 1 of 1999).
C9
Application of collectively cited Fisheries Acts restricted (30.06.1998) by Fisheries (Amendment) Act 1997 (23/1997), s. 16, S.I. No. 203 of 1998.
Effect of licence.
16.—(1) A licence is binding on the State and on all persons whomsoever, and, subject to section 8 (3), shall operate to enable the licensee to carry on, in accordance with the licence, such operations as are specified in the licence, free from all prior or other rights, titles, estates or interests, if any.
(2) In addition to his or her entitlement under subsection (1), and notwithstanding anything contained in the Fisheries Acts, 1959 to 1995, or any instrument under those Acts, a licensee and any person acting under the directions of a licensee shall, by virtue of, but subject to the conditions of, the licence and the requirements of any regulations made under section 71 , have the exclusive right to do within the boundaries or limits specified in the licence anything authorised by the licence or necessary or expedient to conduct the operations specified in the licence.
C10
Application of collectively cited Fisheries Acts restricted (30.06.1998) by Fisheries (Amendment) Act 1997, s. 77(2), S.I. No. 203 of 1998, as amended (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 8 and sch. 2 part 11, commenced as per s. 5(2).
Recapture of escaped stock.
77.—(1) [Inland Fisheries Ireland] may take such action as it considers necessary to recapture stock which has escaped from a facility operated under a licence.
(2) The Minister, or an officer of the Minister designated by the Minister for the purposes of this section, may, notwithstanding any other provision of this Act or of the Fisheries Acts, 1959 to 1995, authorise a licensee or other person or body to take such action as is specified in the authorisation to recapture stock which has escaped from a facility operated under a licence.
...
Editorial Notes:
E1
Previous affecting provision: application of Act extended (13.04.2006) by Sea Fisheries (Technical Conservation Measures) Regulations 2006 (S.I. No. 171 of 2006), reg. 5; revoked (5.06.2013) by Sea-Fisheries (Technical Measures) Regulations 2013 (S.I. No. 197 of 2013), reg. 6(1).