Fisheries (Amendment) Act 2003
Number 21 of 2003
FISHERIES (AMENDMENT) ACT 2003
REVISED
Updated to 14 May 2024
This Revised Act is an administrative consolidation of the Fisheries (Amendment) Act 2003. 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 Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (14/2024), enacted 9 May 2024, and all statutory instruments up to and including the Foreshore (Transfer of Departmental Administration and Ministerial Functions) Order 2024 (S.I. No. 236 of 2024), made 14 May 2024, were considered in the preparation of this Revised Act.
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 21 of 2003
FISHERIES (AMENDMENT) ACT 2003
REVISED
Updated to 14 May 2024
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1.
Short title, collective citation and construction.
2.
Licensing of Sea-Fishing Boats and Certain Sea-Fishing
3.
4.
5.
Licence application, licence and other fees.
5A.
Tax clearance certification requirement for applicants for sea-fishing boat licences.
Independent Appeals System
6.
7.
8.
9.
Notification of appeals to, and supply of documents, etc., by, licensing authority.
10.
Submissions or observations by parties to appeal.
11.
Submissions or observations by persons other than parties to appeal.
12.
Power of Appeals Officer to request submissions or observations.
13.
Appeals Officer to give copy of submissions or observations to appellant, etc.
14.
Power of Appeals Officer to require submission of documents, etc.
15.
Appeals Officer to give copy of documents, etc., submitted to appellant, etc.
16.
17.
Time for appeals, etc., extended where office of Appeals Officer is closed.
18.
Reference of certain questions of law to High Court.
19.
Applications for judicial review.
20.
21.
Conservation and Management of Fish Stocks
22.
23.
24.
25.
Regulations relating to conservation and management of straddling and highly migratory fish stocks.
26.
Sea fisheries protection officers.
27.
Duty of master of sea-fishing boat in conservation area.
28.
Forfeiture of sea-fishing boats in certain circumstances.
29.
30.
31.
Foreshore Application and Other Fees
32.
Foreshore application and other fees.
Appeals Officer
United Nations Agreement on the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks
List of Highly Migratory Fish Species
Acts Referred to
Civil Service Regulation Act 1956
European Communities Act 1972
European Parliament Elections Act 1997
Fisheries (Amendment) Act 1978
Fisheries (Amendment) Act 1983
Fisheries (Amendment) Act 1994
Fisheries (Consolidation) Act 1959
Fisheries Acts 1959 to 2001
Foreshore Act 1933
Foreshore Acts 1933 to 1998
Local Government Act 2001
Mercantile Marine Act 1955
Merchant Shipping Act 1894
56 & 57 Vic., c. 60
Merchant Shipping (Certification of Seamen) Act 1979
Number 21 of 2003
FISHERIES (AMENDMENT) ACT 2003
REVISED
Updated to 14 May 2024
AN ACT TO ENABLE EFFECT TO BE GIVEN TO THE UNITED NATIONS AGREEMENT ON THE IMPLEMENTATION OF THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA OF 10 DECEMBER 1982 RELATING TO THE CONSERVATION AND MANAGEMENT OF STRADDLING FISH STOCKS AND HIGHLY MIGRATORY FISH STOCKS, TO PROVIDE FOR AN INDEPENDENT APPEALS SYSTEM IN RELATION TO THE LICENSING OF SEA-FISHING BOATS, TO AMEND AND EXTEND THE FORESHORE ACT 1933, THE FISHERIES ACTS 1959 TO 2001 AND THE MERCHANT SHIPPING (CERTIFICATION OF SEAMEN) ACT 1979, AND TO PROVIDE FOR RELATED MATTERS. [1st July, 2003.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and references to "Department of Housing, Local Government and Heritage" and "Minister for Department of Housing, Local Government and Heritage" construed (14.05.2024) by Foreshore (Transfer of Departmental Administration and Ministerial Functions) Order 2024 (S.I. No. 236 of 2024), arts. 2, 3(1)(c), (2), in effect as per art. 1(2), 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 the Environment, Climate and Communications.
(2) References to the Department of Housing, Local Government and Heritage contained in any Act or any instrument made under an Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of the Environment, Climate and Communications.
3. (1) The functions vested in the Minister for Housing, Local Government and Heritage by or under the provisions of the – ...
(c) Fisheries (Amendment) Act 2003 (No. 21 of 2003),
are transferred to the Minister for the Environment, Climate and Communications.
(2) References to the Minister for Housing, Local Government and Heritage contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for the Environment, Climate and Communications.
C2
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(1)(a), (2) and sch. part 1, 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
...
Fisheries (Amendment) Act 2003 (No. 21 of 2003) except Part 5
...
C3
Application of collectively cited Fisheries Acts restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22), 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 ... |
Editorial Notes:
E1
Provision for enforcement and related offences made (4.04.2006) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), ss. 16-39, commenced on enactment.