Sea-Fisheries and Maritime Jurisdiction Act 2006


Number 8 of 2006


SEA-FISHERIES AND MARITIME JURISDICTION ACT 2006

REVISED

Updated to 24 October 2018


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 Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, and all statutory instruments up to and including Sea-Fisheries (Common Fisheries Policy) (Bluefin Tuna) (Amendment) Regulations 2018 (S.I. No. 447 of 2018), made 24 October 2018, 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 24 October 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Sea-Fisheries Acts 2003 to 2007: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Criminal Justice Act 2007 (29/2007), s. 1(7)). The Acts in this group are:

Fisheries (Amendment) Act 2003 (21/2003), other than Part 5

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), Part 2 and Chapter 2 of Part 4

Criminal Justice Act 2007 (29/2007), Part 8

Aquaculture Acts 1997 to 2006: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 1(3)). The Acts in this group are:

Fisheries (Amendment) Act 1997 (23/1997)

Fisheries and Foreshore (Amendment) Act 1998 (54/1998), ss. 2, 3 and 4

Fisheries (Amendment) Act 2001 (40/2001)

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 101

Fisheries Acts 1959 to 2007: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Water Services Act 2007 (30/2007), s. 1(5)). The Acts in this group are:

Fisheries (Consolidation) Act 1959 (14/1959)

Fisheries (Amendment) Act 1962 (31/1962)

Fisheries (Amendment) Act 1964 (23/1964)

Fisheries (Amendment) Act 1976 (23/1976)

Fisheries Act 1980 (1/1980)

Fisheries (Amendment) Act 1987 (14/1987)

Fisheries (Amendment) (No. 2) Act 1987 (32/1987)

Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), ss. 23 , 25 and 28 in so far as they relate to Fisheries Acts 1959 to 1987

Fisheries (Amendment) Act 1991 (26/1991)

Fisheries (Amendment) Act 1994 (23/1994)

Fisheries (Amendment) Act 1995 (27/1995)

Fisheries (Commissions) Act 1997 (1/1997)

Fisheries (Amendment) Act 1997 (23/1997)

Fisheries and Foreshore (Amendment) Act 1998 (54/1998), ss. 2 to 4 and, in so far as they relate to those sections, ss. 1 and 7

Fisheries (Amendment) Act 1999 (35/1999)

Fisheries (Amendment) Act 2001 (40/2001)

Fisheries (Amendment) Act 2003 (21/2003), other than s. 32 and s. 2 in so far as it relates to s. 32

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), other than Part 3 and ss. 100, 102, 103 and 104

Water Services Act 2007 (30/2007), ss. 111 and 1(5)

Acts previously included in the group but now repealed are:

Fisheries (Amendment) Act 1974 (25/1974)

Fisheries (Amendment) Act 1978 (18/1978)

Fisheries (Amendment) Act 1983 (27/1983)

Fisheries (Amendment) Act 2000 (34/2000)

Mercantile Marine Acts 1955 and 2006: this Act is one of a group of Acts included in this collective citation ( Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 1(5)). The Acts in this group are:

Mercantile Marine Act 1955 (29/1955)

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 100

Fishery Harbour Centres Acts 1968 to 2015: this Act is one of a group of Acts included in this collective citation ( Harbours Act 2015 (61/2015), s. 1(4)). The Acts in this group are:

Fishery Harbour Centres Act 1968 (18/1968)

Fishery Harbour Centres Act 1980 (22/1980)

Fishery Harbour Centres (Amendment) Act 1992 (10/1992)

Fisheries and Foreshore (Amendment) Act 1998 (54/1998), s. 6 and, in so far as they relate to that section, ss. 1 and 7(4)

Maritime Safety Act 2005 (11/2005), s. 54

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 102

Vehicle Clamping Act 2015 (13/2015), s. 35

Harbours Act 2015 (61/2015), s. 52

Dumping at Sea Acts 1996 to 2009: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 1(3)). The Acts in this group are:

Dumping at Sea Act 1996 (14/1996)

Dumping at Sea (Amendment) Act 2004 (35/2004)

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 103

Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), Part 3, s. 1, other than subss. (2) and (4), and sch. 2

Maritime Safety Acts 1992 to 2006: this Act is one of a group of Acts included in this collective citation ( Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 1(8)). The Acts in this group are:

Merchant Shipping Act 1992 (2/1992)

Merchant Shipping (Investigation of Marine Casualties) Act 2000 (14/2000)

Maritime Safety Act 2005 (11/2005), Part 2, 3 and 4

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 104

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1982, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

Freedom of Information Act 2014 (30/2014)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Inland Fisheries Act 2010 (10/2010)

Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009)

Water Services Act 2007 (30/2007)

Criminal Justice Act 2007 (29/2007)

Fisheries (Amendment) Act 1999 (35/1999)

Food Safety Authority of Ireland Act 1998 (29/1998)

Fisheries (Amendment) Act 1997 (23/1997)

Pensions Act 1990 (25/1990)

All Acts up to and including Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Sea-Fisheries (Common Fisheries Policy) (Bluefin Tuna) (Amendment) Regulations 2018 (S.I. No. 447 of 2018)

Sea-Fisheries (Community Control System) (Amendment) (No. 2) Regulations 2018 (S.I. No. 446 of 2018)

Sea-Fisheries and Maritime Jurisdiction (Mussel Seed) (Opening of Fisheries) Regulations 2018 (S.I. No. 369 of 2018)

Razor Clam (Conservation of Stocks) (North Irish Sea) Regulations 2018 (S.I. No. 160 of 2018)

Sea-Fisheries (Community Control System) (Amendment) Regulations 2018 (S.I. No. 155 of 2018)

European Union (Common Fisheries Policy) (Landing Obligation) (Amendment) Regulations 2018 (S.I. No. 137 of 2018)

Sea-Fisheries (Quotas) Regulations 2018 (S.I. No. 99 of 2018)

Sea-Fisheries (North Western Waters Landing Obligation) Regulations 2018 (S.I. No. 88 of 2018)

Lobster (Conservation of Stocks) (Amendment) Regulations 2017 (S.I. No. 640 of 2017)

Velvet Crab (Conservation of Stocks) Regulations 2017 (S.I. No. 431 of 2017)

Sea-Fisheries and Maritime Jurisdiction (Mussel Seed) (Opening of Fisheries) Regulations 2017 (S.I. No. 398 of 2017)

Sea-Fisheries (Community Control System) (Amendment) Regulations 2017 (S.I. No. 78 of 2017)

Sea-Fisheries (Quotas) Regulations 2016 (S.I. No. 52 of 2017)

Sea-Fisheries (North Western Waters Landing Obligation) Regulations 2017 (S.I. No. 51 of 2017)

Sea-Fisheries (Conservation and Rational Exploitation of Deep-Sea Species) Regulations 2017 (S.I. No. 50 of 2017)

Sea-Fisheries (Quotas) (Deep-Sea Stocks) Regulations 2017 (S.I. No. 9 of 2017)

Sea-Fisheries (Common Fisheries Policy) (Bluefin Tuna) Regulations 2016 (S.I. No. 680 of 2016)

Lobster (Conservation of Stocks) (Amendment) Regulations 2016 (S.I. No. 679 of 2016)

Razor Clam (Inishkea Islands) (Revocation) Regulations 2016 (S.I. No. 603 of 2016)

Sea-Fisheries and Maritime Jurisdiction (Mussel Seed) (Opening of Fisheries) (Amendment) Regulations 2016 (S.I. No. 551 of 2016)

Sea-Fisheries (Codend Mesh Size) Regulations 2016 (S.I. No. 510 of 2016)

Sea-Fisheries and Maritime Jurisdiction (Mussel Seed) (Opening of Fisheries) Regulations 2016 (S.I. No. 469 of 2016)

Sea-Fisheries Protection Authority (Employees) Superannuation Scheme 2016 (S.I. No. 358 of 2016)

Sea-Fisheries Protection Authority Superannuation Scheme 2016 (S.I. No. 353 of 2016)

Bass (Conservation of Stocks) Regulations 2016 (S.I. No. 341 of 2016)

Razor Clam (Conservation of Stocks) (Inishkea Islands) Regulations 2016 (S.I. No. 137 of 2016)

Sea-Fisheries (Quotas) Regulations 2016 (S.I. No. 112 of 2016)

Sea-Fisheries (Community Control System) Regulations 2016 (S.I. No. 54 of 2016)

Non-Commercial Pot Fishing (Lobster and Crab) Regulations 2016 (S.I. No. 31 of 2016)

Maritime Jurisdiction (Straight Baselines) Order 2016 (S.I. No. 22 of 2016)

Sea-Fisheries (North Western Waters Landing Obligation) Regulations 2016 (S.I. No. 8 of 2016)

Sea-Fisheries (Conservation and Rational Exploitation of Hake) (Amendment) Regulations 2016 (S.I. No. 7 of 2016)

Sea-Fisheries and Maritime Jurisdiction (Mussel Seed) (Opening of Fisheries) (Castlemaine) Regulations 2015 (S.I. No. 589 of 2015)

Razor Clam (Conservation of Stocks) (North Irish Sea) (Amendment) Regulations 2015 (S.I. No. 588 of 2015)

Sea-Fisheries (Conservation and Rational Exploitation of Cod in the North Sea and to the West of Scotland) (Amendment) Regulations 2015 (S.I. No. 565 of 2015)

Sea-Fisheries (Technical Measures) (Amendment) Regulations 2015 (S.I. No. 531 of 2015)

Sea-Fisheries (Multi-Rigged Fishing Gear) Regulations 2015 (S.I. No. 518 of 2015)

Sea-Fisheries (Conservation and Rational Exploitation of Deep-Sea Species) (Amendment) Regulations 2015 (S.I. No. 511 of 2015)

European Union (Common Fisheries Policy) (Landing Obligation) (Amendment) Regulations 2015 (S.I. No. 510 of 2015)

Sea-Fisheries (Quotas) No. 2 Regulations 2015 (S.I. No. 478 of 2015)

Sea-Fisheries and Maritime Jurisdiction (Mussel Seed) (Opening of Fisheries) Regulations 2015 (S.I. No. 370 of 2015)

Sea-Fisheries and Maritime Jurisdiction (Mussel Seed) (Opening of Fisheries) (Rusk Channel) Regulations 2015 (S.I. No. 351 of 2015)

Razor Clam (Conservation of Stocks) (North Irish Sea Spawning Season) Regulations 2015 (S.I. No. 244 of 2015)

Sea-Fisheries (Celtic Sea Technical Measures) Regulations 2015 (S.I. No. 231 of 2015)

Razor Clam (Conservation of Stocks) (North Irish Sea) Regulations 2015 (S.I. No. 207 of 2015)

Razor Clam (Conservation of Stocks) Regulations 2015 (S.I. No. 206 of 2015)

Sea-Fisheries (Common Fisheries Policy) (Bluefin Tuna) Regulations 2015 (S.I. No. 135 of 2015)

Sea-Fisheries (Quotas) Regulations 2015 (S.I. No. 116 of 2015)

Sea-Fisheries (Alleviation Measures) (Sea Bass Stocks) Regulations 2015 (S.I. No. 115 of 2015)

European Union (Common Fisheries Policy) (Landing Obligation) Regulations 2015 (S.I. No. 83 of 2015)

Sea-Fisheries (Quotas) (Deep-Sea Stocks) Regulations 2015 (S.I. No. 80 of 2015)

Shrimp (Conservation of Stocks) Regulations 2014 (S.I. No. 592 of 2014)

Lobster (Conservation of Stocks) Regulations 2014 (S.I. No. 591 of 2014)

Sea-Fisheries (Control on fishing for razor clams) (Revocation) Regulations 2014 (S.I. No. 567 of 2014)

European Union (Common Fisheries Policy) (Faroe Islands) (Revocation) Regulations 2014 (S.I. No. 419 of 2014)

Sea-Fisheries (Celtic Sea Discard Reduction Dividend Scheme) Regulations 2014 (S.I. No. 387 of 2014)

Sea-Fisheries and Maritime Jurisdiction (Mussel Seed) (Opening of Fisheries) Regulations 2014 (S.I. No. 386 of 2014)

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2014 (S.I. No. 268 of 2014)

Sea-Fisheries (Quotas) Regulations 2014 (S.I. No. 161 of 2014)

Maritime Jurisdiction (Boundaries of Exclusive Economic Zone) Order 2014 (S.I. No. 86 of 2014)

European Union (Common Fisheries Policy) (Point System) Regulations 2014 (S.I. No. 3 of 2014)

Sea-Fisheries (Community Control System) (Amendment) (No. 3) Regulations 2013 (S.I. No. 441 of 2013)

European Union (Common Fisheries Policy) (Faroe Islands) Regulations 2013 (S.I. No. 432 of 2013)

Sea-Fisheries (Community Control System) (Amendment) (No. 2) Regulations 2013 (S.I. No. 354 of 2013)

Sea-Fisheries and Maritime Jurisdiction (Mussel Seed) (Opening of Fisheries) Regulations 2013 (S.I. No. 352 of 2013)

Sea-Fisheries (Technical Measures) Regulations 2013 (S.I. No. 197 of 2013)

Sea-Fisheries (Community Control System) (Amendment) Regulations 2013 (S.I. No. 184 of 2013)

Sea-Fisheries (Quotas) Regulations 2013 (S.I. No. 183 of 2013)

Sea-Fisheries (Quotas) (Deep-Sea Stocks) Regulations 2013 (S.I. No. 141 of 2013)

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. No. 135 of 2013)

Monkfish (Control of Landings) (No. 2) Regulations 2013 (S.I. No. 55 of 2013)

Mussel Seed (Closing of Fisheries) Regulations 2013 (S.I. No. 8 of 2013)

Monkfish (Control of Landings) Regulations 2013 (S.I. No. 7 of 2013)

Sea-Fisheries (Community Control System) (Amendment) Regulations 2012 (S.I. No. 453 of 2012)

Sea-Fisheries (Celtic Sea Technical Measures) Regulations 2012 (S.I. No. 412 of 2012)

Sea-Fisheries (Illegal, Unreported and Unregulated Fishing) (Amendment) Regulations 2012 (S.I. No. 367 of 2012)

Sea-Fisheries (Technical Measures) (Amendment) (No. 2) Regulations 2012 (S.I. No. 337 of 2012)

Sea-Fisheries (Community Control System) Regulations 2012 (S.I. No. 320 of 2012)

Sea-Fisheries and Maritime Jurisdiction (Mussel Seed) Opening of Fisheries) Regulations 2012 (S.I. No. 154 of 2012)

Sea-Fisheries (Quotas) Regulations 2012 (S.I. No. 134 of 2012)

Sea-Fisheries (Technical Measures) (Amendment) Regulations 2012 (S.I. No. 78 of 2012)

Mussel Seed (Closing of Fisheries) Regulations 2012 (S.I. No. 29 of 2012)

Sea-Fisheries (Common Fisheries Policy Community Control System) Regulations 2011 (S.I. No. 490 of 2011)

Sea-Fisheries (Control of Catches) (Deep-Sea Stocks) Regulations 2011 (S.I. No. 482 of 2011)

Sea-Fisheries (Technical Measures) Regulations 2011 (S.I. No. 481 of 2011)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Cockle (Fisheries Management and Conservation) (Dundalk Bay) (Revocation) Regulations 2011 (S.I. No. 438 of 2011)

Sea-Fisheries (Control on Fishing for Razor Clams in Cahore) Regulations 2011 (S.I. No. 425 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Sea-fisheries (Control on fishing for clams in Waterford Estuary) Regulations 2011 (S.I. No. 221 of 2011)

Seed (Opening of Fisheries) Regulations 2011 (S.I. No. 204 of 2011)

Sea-Fisheries (Recording of Fish) (No. 2) (Revocation) Regulations 2011 (S.I. No. 182 of 2011)

Sea-Fisheries (Recording of Fish) (Amendment) Regulations 2011 (S.I. No. 91 of 2011)

Sea-Fisheries (Quotas) Regulations 2011 (S.I. No. 68 of 2011)

Sea-Fisheries (Recording of Fish) No. 2 Regulations 2011 (S.I. No. 37 of 2011)

Sea-Fisheries (Recording of Fish) Regulations 2011 (S.I. No. 8 of 2011)

Mussel Seed (Closing of Fisheries) (No. 2) Regulations 2010 (S.I. No. 572 of 2010)

Sea-Fisheries (Illegal, Unreported and Unregulated Fishing) Regulations 2010 (S.I. No. 554 of 2010)

Sea-Fisheries (Landing and weighing of pelagic fish) Regulations 2010 (S.I. No. 453 of 2010)

Sea-fisheries (Control on fishing for razor clams in Rosslare Harbour) (Amendment) Regulations 2010 (S.I. No. 437 of 2010)

Mussel Seed (Opening of Fisheries) (No. 2) Regulations 2010 (S.I. No. 413 of 2010)

Sea-fisheries (Prohibition on fishing for clams in Waterford Estuary) Regulations 2010 (S.I. No. 378 of 2010)

Sea-fisheries (Control on fishing for razor clams in Rosslare Harbour) Regulations 2010 (S.I. No. 310 of 2010)

Mussel Seed (Closing of Fisheries) Regulations 2010 (S.I. No. 228 of 2010)

Sea-fisheries (Control on fishing for clams in Waterford Estuary) Regulations 2010 (S.I. No. 180 of 2010)

Mussel Seed (Opening of Fisheries) Regulations 2010 (S.I. No. 174 of 2010)

Sea-Fisheries (Quotas) Regulations 2010 (S.I. No. 167 of 2010)

Sea-Fisheries (Control of catches) (No. 2) Regulations 2010 (S.I. No. 95 of 2010)

Sea-Fisheries (Control of catches) Regulations 2010 (S.I. No. 52 of 2010)

Sea-Fisheries (Recording of Catches) Regulations 2010 (S.I. No. 51 of 2010)

Mussel Seed (Prohibition On Fishing) (No. 3) Regulations 2009 (S.I. No. 554 of 2009)

European Communities (Food and Feed Hygiene) Regulations 2009 (S.I. No. 432 of 2009)

Sea-fisheries (Control On Fishing For Clams In Waterford Estuary) (No. 2) Regulations 2009 (S.I. No. 418 of 2009)

Monkfish (Control of Landings) Regulations 2009 (S.I. No. 417 of 2009)

Sea-fisheries (Control On Fishing For Clams In Waterford Estuary) Regulations 2009 (S.I. No. 412 of 2009)

Mussel Seed (Prohibition On Fishing) (No. 2) Regulations 2009 (Revocation) Regulations 2009 (S.I. No. 341 of 2009)

Sea-fisheries (Prosecution of offences) Order 2009 (S.I. No. 314 of 2009)

Sea-fisheries (Recording of Catches) Regulations 2009 (S.I. No. 253 of 2009)

Sea-fisheries (Technical Conservation Measures) Regulations 2009 (S.I. No. 252 of 2009)

Mussel Seed (Prohibition On Fishing) (No. 2) Regulations 2009 (S.I. No. 197 of 2009)

Mussel Seed (Prohibition On Fishing) Regulations 2008 (Revocation) Regulations 2009 (S.I. No. 150 of 2009)

Occupational Pension Schemes (Preservation of Benefits)(Amendment) Regulations 2009 (S.I. No. 70 of 2009)

Sea-fisheries (Fishing For Herring) (West of Scotland) Regulations 2009 (S.I. No. 39 of 2009)

Sea-fisheries (Control of Catches) (Deep-sea Stocks) Regulations 2009 (S.I. No. 38 of 2009)

Monkfish (Control of Landings) Regulations 2009 (S.I. No. 33 of 2009)

Sea-fisheries (Control of Catches) Regulations 2009 (S.I. No. 31 of 2009)

Mussel Seed (Prohibition on Fishing) (No. 3) Regulations 2008 (S.I. No. 605 of 2008)

Monkfish (Control of Landings) Regulations 2008 (S.I. No. 486 of 2008)

Sea-Fisheries (Control on Fishing for Hake) Regulations 2008 (S.I. No. 418 of 2008)

Occupational Pension Schemes (Funding Standard)(Amendment) Regulations 2008 (S.I. No. 295 of 2008)

European Communities (Health of Aquaculture Animals and Products) Regulations 2008 (S.I. No. 261 of 2008)

European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) Regulations 2008 (S.I. No. 252 of 2008)

Monkfish (Control of Landings) Regulations 2008 (S.I. No. 203 of 2008)

Mussel Seed (Prohibition on Fishing) (No. 2) Regulations 2008 (S.I. No. 194 of 2008)

Mussel Seed (Prohibition on Fishing) Regulations 2008 (S.I. No. 176 of 2008)

Mussel Seed (Prohibition on Fishing) Regulations 2007 (Revocation) Regulations 2008 (S.I. No. 162 of 2008)

Sea-Fisheries (Control of Catches) (Deep-Sea Stocks) Regulations 2008 (S.I. No. 137 of 2008)

Sea-Fisheries (Fishing for Cod) Regulations 2008 (S.I. No. 45 of 2008)

Sea-Fisheries (Control of Catches) Regulations 2008 (S.I. No. 22 of 2008)

Sea-Fisheries (Landing and Weighing of Pelagic Fish) Regulations 2008 (S.I. No. 15 of 2008)

Food Safety Authority of Ireland Act 1998 (Amendment of First and Second Schedules) Order 2007 (S.I. No. 839 of 2007)

Mussel Seed (Prohibition on Fishing) Regulations 2007 (S.I. No. 789 of 2007)

Cockle (Fisheries Management and Conservation) (Waterford Estuary) Regulations 2007 (S.I. No. 753 of 2007)

Sea Fisheries, Foreshore and Dumping at Sea (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 707 of 2007)

Mussel Seed (Conservation) (No. 7) Regulations 2007 (S.I. No. 693 of 2007)

Cockle (Fisheries Management and Conservation) (Dundalk Bay) Regulations 2007 (S.I. No. 692 of 2007)

Mussel Seed (Conservation) (No. 6) Regulations 2007 (S.I. No. 641 of 2007)

Sea Fisheries (Conservation and Rational Exploitation of Hake) Regulations 2007 (S.I. No. 619 of 2007)

Mussel Seed (Conservation) (No. 5) Regulations 2007 (S.I. No. 595 of 2007)

Mussel Seed (Conservation) (No. 4) Regulations 2007 (S.I. No. 589 of 2007)

Cockle (Fisheries Management and Conservation) (Tramore Bay) Regulations 2007 (S.I. No. 533 of 2007)

Cockle (Fisheries Management and Conservation) (Dundalk Bay) Regulations 2007 (S.I. No. 532 of 2007)

Cockle (Fisheries Management and Conservation) (Waterford Estuary) Regulations 2007 (S.I. No. 531 of 2007)

Mussel Seed (Conservation) (No. 3) Regulations 2007 (S.I. No. 415 of 2007)

Mercantile Marine (tonnage) Regulations 2007 (S.I. No. 369 of 2007)

Bass (Restriction on Sale) Regulations 2007 (S.I. No. 367 of 2007)

Bass (Restriction on Sale) Regulations 2007 (S.I. No. 367 of 2007)

Sea-Fisheries (Incidental Catches of Cetaceans in Fisheries) Regulations 2007 (S.I. No. 274 of 2007)

Cockle (Fisheries Management and Conservation) Regulations 2007 (S.I. No. 270 of 2007)

Cockle (Fisheries Management and Conservation) Regulations 2007 (S.I. No. 269 of 2007)

Sea-Fisheries (First Marketing of Fish) Regulations 2007 (S.I. No. 260 of 2007)

Mussel Seed (Conservation) (No. 2) Regulations 2007 (S.I. No. 213 of 2007)

Fishing Effort for Vessels in the Context of the Recovery of Certain Stocks (No. 2) Regulations 2007 (S.I. No. 72 of 2007)

Fishing Opportunities and Associated Conditions (No. 2) Regulations 2007 (S.I. No. 70 of 2007)

Sea Fisheries (Weighing Procedures for Herring, Mackerel and Horse Mackerel) (No. 2) Regulations 2007 (S.I. No. 69 of 2007)

Blue Whiting (Catch Reporting) Regulations 2007 (S.I. No. 58 of 2007)

Sea Fisheries (Weighing Procedures for Herring, Mackerel and Horse Mackerel) Regulations 2007 (S.I. No. 35 of 2007)

Fishing Effort for Vessels in the Context of the Recovery of Certain Stocks Regulations 2007 (S.I. No. 34 of 2007)

Fishing Opportunities and Associated Conditions Regulations 2007 (S.I. No. 33 of 2007)

Cockle (Fisheries Management and Conservation) (No. 2) Regulations 2007 (S.I. No. 3 of 2007)

Cockle (Fisheries Management and Conservation) Regulations 2007 (S.I. No. 2 of 2007)

European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products) Regulations 2006 (S.I. No. 612 of 2006)

Mussel Seed (Conservation) (No. 11) Regulations 2006 (S.I. No. 603 of 2006)

Sea Fisheries (Weighing Procedures for Herring, Mackerel and Horse Mackerel) (No. 2) Regulations 2006 (S.I. No. 575 of 2006)

Monkfish (Control of Landings) Regulations 2006 (S.I. No. 496 of 2006)

Mussel Seed (Conservation) (No. 10) Regulations 2006 (S.I. No. 495 of 2006)

Mussel Seed (Conservation) (No. 9) Regulations 2006 (S.I. No. 466 of 2006)

Mussel Seed (Conservation) (No. 8) Regulations 2006 (S.I. No. 465 of 2006)

Mussel Seed (Conservation) (No. 7) Regulations 2006 (S.I. No. 416 of 2006)

Mussel Seed (Conservation) (No. 6) Regulations 2006 (S.I. No. 415 of 2006)

Mussel Seed (Conservation) (No. 5) Regulations 2006 (S.I. No. 403 of 2006)

Sea-Fisheries Protection Authority (Establishment Day) Order 2006 (S.I. No. 376 of 2006)

Mussel Seed (Conservation) (No. 4) Regulations 2006 (S.I. No. 368 of 2006)

Mussel Seed (Conservation) (No. 3) Regulations 2006 (S.I. No. 367 of 2006)

Molluscan Shellfish (Conservation of Stocks) Regulations 2006 (S.I. No. 345 of 2006)

Mussel Seed (Conservation) (No. 2) Regulations 2006 (S.I. No. 344 of 2006)

Sea Fisheries (Gill Net Tuna and Certain other Species Fishing) Regulations 2006 (S.I. No. 343 of 2006)

Passive Fishing Gear and Beam Trawls Marking and Identification (No. 2) Regulations 2006 (S.I. No. 341 of 2006)

Bass (Restriction on Sale) (No. 2) Regulations 2006 (S.I. No. 337 of 2006)

European Communities (Hygiene of Fishery Products and Fish Feed) Regulations 2006 (S.I. No. 335 of 2006)

Mussel Seed (Fishing) Regulations 2006 (S.I. No. 311 of 2006)

Mussel Seed (Conservation) Regulations 2006 (S.I. No. 310 of 2006)

Whelk (Conservation of Stocks) Regulations 2006 (S.I. No. 237 of 2006)

Spider Crab (Conservation of Stocks) Regulations 2006 (S.I. No. 236 of 2006)

Shrimp (Fisheries Management and Conservation) Regulations 2006 (S.I. No. 235 of 2006)

Lobster (Conservation of Stocks) Regulations 2006 (S.I. No. 234 of 2006)

Crawfish (Fisheries Management and Conservation) Regulations 2006 (S.I. No. 233 of 2006)

Crawfish (Conservation of Stocks) Regulations 2006 (S.I. No. 232 of 2006)

Bass (Restriction on Sale) Regulations 2006 (S.I. No. 231 of 2006)

Bass (Conservation of Stocks) Regulations 2006 (S.I. No. 230 of 2006)

Satellite-Based Vessel Monitoring Systems Regulations 2006 (S.I. No. 183 of 2006)

Sea Fisheries (Marking and Documentation of Sea-Fishing Boats) Regulations 2006 (S.I. No. 182 of 2006)

Sea Fisheries (Inspection of Fishing Boats) Regulations 2006 (S.I. No. 181 of 2006)

Sea Fisheries (Conservation and Rational Exploitation of Hake) (No. 2) Regulations 2006 (S.I. No. 180 of 2006)

Sea Fisheries (Conservation and Rational Exploitation of Hake) Regulations 2006 (S.I. No. 179 of 2006)

Sea Fisheries (Conservation and Rational Exploitation of Cod in the Irish Sea) Regulations 2006 (S.I. No. 178 of 2006)

Sea Fisheries (Conservation and Rational Exploitation of Cod in the North Sea and to the West of Scotland) Regulations 2006 (S.I. No. 177 of 2006)

Fishing Effort for Vessels in the Context of the Recovery of Certain Stocks Regulations 2006 (S.I. No. 176 of 2006)

Sea Fisheries (Conservation and Rational Exploitation of Deep-Sea Species) Regulations 2006 (S.I. No. 175 of 2006)

Deep Sea Fishing Opportunities and Orange Roughy Protection Areas Regulations 2006 (S.I. No. 174 of 2006)

Fishing Opportunities and Associated Conditions (No. 2) Regulations 2006 (S.I. No. 173 of 2006)

Sea Fisheries (Weighing Procedures for Herring, Mackerel and Horse Mackerel) Regulations 2006 (S.I. No. 172 of 2006)

Sea Fisheries (Technical Conservation Measures) Regulations 2006 (S.I. No. 171 of 2006)

Sea Fisheries (Control of Catches) Regulations 2006 (S.I. No. 170 of 2006)

Occupational Pension Schemes (Preservation of Benefits) Regulations 2002 (S.I. No. 279 of 2002)

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. No. 419 of 1993)

All statutory instruments up to and including Sea-Fisheries (Common Fisheries Policy) (Bluefin Tuna) (Amendment) Regulations 2018 (S.I. No. 447 of 2018), made 24 October 2018, were considered in the preparation of this revision.



SEA-FISHERIES AND MARITIME JURISDICTION ACT 2006

REVISED

Updated to 24 October 2018


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.

17A. Search warrants.

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


Number 8 of 2006


SEA-FISHERIES AND MARITIME JURISDICTION ACT 2006

REVISED

Updated to 24 October 2018


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.

[4 th 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).