Sea-Fisheries and Maritime Jurisdiction Act 2006

75

Registration, lettering and numbering of sea-fishing boats.

75.— (1) Subject to subsections (2) and (3), every Irish sea-fishing boat shall be entered in the Register and shall be lettered and numbered in accordance with regulations under section 76 and with any Community law, or other international obligations which are binding on the State, for the time being in force.

(2) In the interests of the proper management of the capacity of Irish sea-fishing boats, in accordance with—

( a) the requirements of the Community law, or other international obligations which are binding on the State, or

( b) any regulations under section 76 ,

the Registrar General may enter a sea-fishing boat in the Register or remove it from the Register.

(3) ( a) A sea-fishing boat shall not be entered in the Register unless at the time of the entry there is in relation to the boat a sea-fishing boat licence and which is for the time being in force or, if it is not so in force, is to come into force on the boat’s being so registered.

( b) A ship which is a sea-fishing boat shall not be registered under the Act of 1955 unless, at the time of registration, there is in relation to the ship a sea-fishing boat licence and which is for the time being in force or, if it is not so in force, is to come into force on the ship’s being so registered.

(4) ( a) A certificate of registration shall be issued in respect of a boat entered in the Register.

( b) The certificate of registration shall be carried on board the boat in respect of which it is issued.

( c) A certificate of registration issued in respect of a particular boat, or a certificate signed by the Registrar General that a boat specified in the certificate is not entered in the Register, is sufficient evidence that the boat is or is not registered, as the case may be.

(5) ( a) In any proceedings against the owner or skipper of or any person belonging to any boat entered in the Register, or for the recovery of damages for injury or loss caused by such boat, the Register shall be evidence (unless the contrary is shown) that the person entered in the Register at any date as the owner or owners of the boat was or were the owner or owners of the boat at that date and that the boat is an Irish sea-fishing boat.

( b) Paragraph (a) does not—

(i) prevent any proceedings being instituted against any person not so entered who is beneficially interested in the boat,

(ii) affect the rights of the owners among themselves, or affect the rights of any owner entered in the Register against any person not so entered who is beneficially interested in the boat, or

(iii) otherwise confer, take away or affect any title to or interest in any boat.

(6) If an Irish sea-fishing boat is used for sea-fishing and—

( a) is not entered in the Register, but is required to be so entered,

( b) is entered in the Register, but there is not on board the boat the certificate of registration issued in respect of that boat (or a copy of that certificate), or

( c) is not lettered and numbered in accordance with regulations under section 76 and Community law, or other international obligations which are binding on the State, applicable to the lettering and numbering of that boat,

the master and the owner of the boat each commits an offence and is liable on summary conviction to a fine not exceeding €5,000.

(7) If a sea-fishing boat required to be entered in the Register is not so entered, it shall not be entitled to any of the privileges or advantages of an Irish sea-fishing boat, but all obligations, liabilities and penalties with reference to that boat and the punishment of offences committed on board the boat, or by any persons belonging to it, and the jurisdiction of sea-fisheries protection officers or other officers and courts shall be the same as if the boat were entered in the Register.

(8) For so long as a ship which but for subsection (3) would be required to be registered under the Act of 1955 is not so registered, section 18(3) of that Act applies to that ship as if it were required by section 18(1) of that Act to be so registered.

Annotations:

Amendments:

F8

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

F9

Deleted 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):

C22

Prospective affecting provision: subs. (3)(b) amended and subs. (8) deleted by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 68 and sch. 4, not commenced as of date of revision.

75.—...

(3) ...

( b) A ship which is a sea-fishing boat shall not be registered under F8 [ section 18 (1) of the Merchant Shipping (Registration of Ships) Act 2014 ] unless, at the time of registration, there is in relation to the ship a sea-fishing boat licence and which is for the time being in force or, if it is not so in force, is to come into force on the ship’s being so registered.

...

(8) F9 [ ]