Sea-Fisheries and Maritime Jurisdiction Act 2006

33

Proof that boat is foreign sea-fishing boat.

33.— (1) Where in any proceedings for an offence under this Part or the Act of 2003 there is evidence from which it appears to the court that the sea-fishing boat to which the alleged offence relates, or on board which such offence is alleged to have been committed, is either of a foreign character or of foreign origin or that at or about the time of the alleged offence such boat—

( a) wore no flag or wore a flag other than the national flag,

( b) had marked on its stern the name of any place other than a port mentioned in the Second Schedule to the Act of 1955, or

( c) had on board any books, papers or other documents from which it so appears that the boat was not an Irish ship (within the meaning of section 9 of that Act),

then, until the contrary is shown, such evidence shall be sufficient to prove that such boat is a foreign sea-fishing boat.

(2) Where in proceedings for an offence under this Part or the Act of 2003 it is proved that the sea-fishing boat to which the alleged offence relates, or on board which such offence is alleged to have been committed, wore at or about the time of the alleged offence a flag other than the national flag, the presumption raised by subsection (1), insofar as it depends on that proof, may be rebutted by the defendant proving that the flag so worn was not a flag distinctive of nationality.

Annotations:

Amendments:

F6

Substituted by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 68 and sch. 4, not commenced as of date of revision.

Modifications (not altering text):

C20

Prospective affecting provision: paras. (1)(b) and (1)(c) substituted by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 68 and sch. 4, not commenced as of date of revision.

33.— ...

( b) had marked on its stern the name of any place other than F6 [ a port (within the meaning of section 30 of the Merchant Shipping (Registration of Ships) Act 2014) ], or

( c) had on board any books, papers or other documents from which it so appears that the boat was not an Irish ship ( F6 [ within the meaning of section 33 of that Act ]),

...