Sea-Fisheries and Maritime Jurisdiction Act 2006

PART 2

Sea-Fisheries

Chapter 1

Preliminary

6

Definitions ( Part 2).

6.— In this Part—

“Act of 1967” means Criminal Procedure Act 1967;

“Act of 1972” means European Communities Act 1972;

“Act of 1994” means Fisheries (Amendment) Act 1994;

“Act of 1999” means Criminal Justice Act 1999;

“common fisheries policy” means the common fisheries policy of the European Communities;

“Community Regulation” means a Regulation of an institution of the European Communities on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy or the matters related thereto, and includes a reference to a Regulation of an institution of the European Communities amending or replacing the Regulation;

“equipment” includes any thing, instrument or machinery (other than fishing gear) used or capable of being used for handling, weighing, transporting, processing or storing fish;

“exclusive fishery limits” means exclusive fishery limits of the State;

“exclusive fishery limits of the State” has the meaning given to it by section 88 ;

“fish” and “sea-fish” include anadromous and catadromous species and all crustaceans and molluscs found in the sea and the brood and spawn of fish, and references to a fish are to be read as including references to part of that fish;

“fishing effort” and “fishing opportunities” have the meaning assigned to them, respectively, in Council Regulation (EC) No. 2371/2002 of 20 December 2002 1 and any Community regulations made under it on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy;

“fishing gear” includes any net, pot, trap, line, pole, dredge or other apparatus of any kind and any attachment of any kind thereto used or capable of being used for catching fish;

“ICES” means the International Council for the Exploration of the Sea;

“master”, when used in relation to a sea-fishing boat, means the master, skipper or other person for the time being in charge of the boat;

“net” means an implement comprised mainly of netting wherever found, stored or used for the capture of fish in the sea whether static or towed or hauled or intended to be towed or hauled;

“owner” in relation to a sea-fishing boat, means the person registered as its owner or, if no person is so registered, the person who owns the boat, and includes any part owner, charterer, hirer, manager or operator of the boat;

“prescribed” means prescribed by regulations made by the Minister and “prescribe” is to be read accordingly;

“prosecutor” means the Attorney General and, in lieu of him or her, from the day appointed by an order made under section 39 , the Director of Public Prosecutions;

“records” means any logbook, document or any other written or printed material in any form including any information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in a legible form;

“relevant provision” means Chapter 2 or Part 4 of the Act of 2003;

“sea-fishing” means fishing for or taking fish or sea-fish;

“sea-fishing boat” means any ship, boat or other vessel of whatsoever kind used for sea-fishing and includes any vessel or boat used for the treatment of fish or partly or wholly for the transport of fish;

“sea-fisheries protection officer” means a person declared by section 16 to be a sea-fisheries protection officer;

“Secretary General” means Secretary General of the Department;

“specified area” means waters falling within the ICES sub-areas and divisions as described in Communication (85/C347/05) from the Commission of the European Communities on the description of the ICES sub-areas and divisions used for the purposes of fishing statistics and regulations in the North East Atlantic;

“State’s fishing quota” means the State’s share of the total allowable catch fixed by a Regulation of the Council of the European Communities relating to certain species of fish in respect of a particular period;

“Table” means a Table to section 28 .

1 OJ No. L358, 31.12.2002, p.59