Sea-Fisheries and Maritime Jurisdiction Act 2006

13

Management and Regulation of State’s fishing opportunities and fishing effort — authorisations.

13.— (1) The Minister may, for the proper and effective management and conservation and rational exploitation of fishing opportunities and fishing effort for Irish sea-fishing boats under the common fisheries policy, at his or her discretion—

( a) upon—

(i) the application from, in such form as the Minister decides, or

(ii) the Minister’s own initiative in respect of any person who—

(I) is the owner of an Irish sea-fishing boat which is entered in the Register of Fishing Boats, and

(II) to whom a sea-fishing boat licence has been granted,

and

( b) upon the person giving to the Minister such information as the Minister may reasonably require in relation to the application or the fishing capacity or operation of the boat concerned,

grant to the person an authorisation (“authorisation”) in respect of the boat, authorising, subject to this section, the utilisation of the boat’s fishing effort for the capture and retention on board of a specified fish stock (“stock”) or group of fish stocks (“stocks”) from the boat in a specified area mentioned in the authorisation and the landing or trans-shipment of the specified stock or stocks taken in that area during such period as is specified in the authorisation.

(2) The Minister may renew, subject to this section, without application, at his or her discretion, an authorisation for such period as may be stated in the renewed authorisation, where the Minister is satisfied that—

( a) the holder of the authorisation upon its expiration continues to be the owner, charterer or hirer, as the case may be, of the boat in respect of which the authorisation was granted, and

( b) the boat concerned upon the expiration of the authorisation continues to be—

(i) the subject of a sea-fishing boat licence, and

(ii) entered in the Register of Fishing Boats.

(3) Without prejudice to the Minister’s discretion to refuse to grant or renew an authorisation, the Minister may refuse to grant or renew an authorisation where the applicant for or holder of an authorisation, as the case may be, has previously had such an authorisation held by him or her revoked.

(4) An authorisation shall not authorise the fishing for a specified stock or stocks in the area, or the divisions, or sub-areas specified in the authorisation, or the landing or trans-shipment of a specified stock or stocks taken on board a boat or caught in that area, or in those divisions or sub-areas, in contravention of a Community Regulation or a notice issued under section 12(1) .

(5) The Minister may attach to an authorisation conditions—

( a) specifying the quantities and types of fishing gear which may be kept on board the boat or used for the purposes of fishing for the specified stock or stocks, and the manner in which such gear may be used or stored,

( b) specifying conditions for the use of fishing effort,

( c) prohibiting the trans-shipment or landing of the specified stock or stocks other than at specified places and within specified hours,

( d) requiring the giving of specified advance notice of entry into port, and any other information as may be specified in the authorisation,

( e) requiring the authorisation by a sea-fisheries protection officer for the landing of the specified stock or stocks,

( f) requiring the separate storage of specified stocks,

( g) requiring the collection, collation and submission of all specified data considered necessary in relation to fishing, trans-shipment or landing for the specified stocks,

( h) requiring the provision of assistance to and co-operation with sea-fisheries protection officers in carrying out their duties,

( i) requiring the keeping of such records in relation to the activities of the boat as may be specified in the authorisation,

( j) requiring the facilitation of the placing of any person appointed by the Department or its agencies on board the boat for the purposes of ensuring compliance with the requirements of the authorisation, fisheries legislation, scientific observation, and requiring the provision of assistance and co-operation to that person in carrying out his or her duties or otherwise,

( k) requiring the keeping of the authorisation on the boat concerned.

(6) The Minister may, as a condition of the authorisation, from time to time, restrict the quantity of fish, during such period as he or she decides—

( a) that may be taken or retained, on board a particular authorised boat in any specified area or part of it, or

( b) in respect of fish so taken or retained, that may be landed or trans-shipped from the boat.

(7) ( a) Conditions under subsection (5) or (6) may be attached to an authorisation at the time it is granted or at any time while it is in force.

( b) A condition may be altered at any time while the authorisation is in force and further conditions may be added.

( c) Notification of any condition or alteration shall be made in writing (including writing in electronic form) to the holder of the authorisation and to any organisation which the Minister considers to be representative of the holder.

( d) Any condition attached or altered, after the authorisation is granted, comes into force as specified in the notification to the holder of the authorisation, being a period not earlier than 24 hours after the notification is sent.

( e) It is the duty of the holder of the authorisation to inform the master of the sea-fishing boat to which the authorisation relates of any condition or alteration of a condition notified to the holder under this subsection.

(8) The Minister may, as a condition of the authorisation, from time to time, restrict the fishing effort by a particular authorised boat in any specified area or specified time period on any specified stock or stocks or types of fishing gear.

(9) Where an authorised boat is engaged with another authorised boat in pair fishing for a specified stock or stocks in an area specified in an authorisation, the boat may, notwithstanding any restriction under subsection (6), take on board such quantity allowed to the other boat under subsection (6)(a), or land or trans-ship the other boat’s share of the specified stock or stocks so taken, subject to such conditions as may be specified in the authorisation relating to the other boat.

(10) Any restriction under subsection (6) or (8) is deemed a condition of the authorisation to which it relates and the holder of the authorisation and the master of the authorised boat concerned shall comply with it.

(11) The master of a licensed boat who contravenes or fails to comply with any condition of an authorisation relating to the boat or causes or permits such a contravention or failure commits an offence.

(12) If the Minister is satisfied that there has been a failure to comply with a Community Regulation or this Act or with a condition specified in an authorisation, the Minister may revoke or withdraw for a period the authorisation.

(13) ( a) Where the Minister proposes to revoke, or withdraw for a period, an authorisation he or she shall notify in writing (including writing in electronic form) the holder of the authorisation of the proposal and the reasons for it.

( b) The holder may within 14 days of being sent the notification make representations to the Minister about the proposal.

( c) The Minister shall consider such representations before making a decision to revoke or withdraw the authorisation.

( d) The decision takes effect 24 hours after notification of it in writing is sent to the holder.

( e) It is the duty of the holder to inform immediately the master of the sea-fishing boat to which the authorisation relates of the revocation or withdrawal.

(14) An authorisation stands revoked if—

( a) the holder of the authorisation ceases to be the owner of the boat in respect of which the authorisation was granted,

( b) a sea-fishing boat licence in relation to the boat is revoked or has expired, or

( c) the boat ceases to be registered in the Register of Fishing Boats.

(15) A person shall not, other than pursuant to an authorisation, fish for, retain on board, or trans-ship or land from, an Irish sea-fishing boat, a specified stock or stocks where the Minister has determined that, for that stock or stocks and for that boat or type of boat, an authorisation is required.

(16) The owner or master of an Irish sea-fishing boat, shall not, other than pursuant to an authorisation, cause or permit—

( a) the boat or any person on board the boat to fish for the specified stock or stocks in the specified area, or

( b) the landing or trans-shipment from, or retention on board, the boat of the specified stock or stocks taken in the specified area.

(17) A person who contravenes subsection (15) or (16) commits an offence.

(18) The Minister may authorise such officers of the Department as he or she considers necessary to grant authorisations on behalf of the Minister and to add or alter conditions to authorisations.

(19) In this section—

“authorisation” means an authorisation granted under subsection (1);

“authorised boat” means an Irish sea-fishing boat in respect of which an authorisation, which is in force, has been granted;

“pair fishing” means, in relation to an authorised boat, the towing or trawling of a trawl, seine or other net in the sea by the boat jointly with another authorised boat for the purpose of catching fish;

“sea-fishing boat licence” means a licence granted under section 4 (inserted by section 97 ) of the Act of 2003.

Annotations

Editorial Notes:

E32

Previous affecting provision: power pursuant to section exercised (28.09.2011) by Sea-Fisheries (Common Fisheries Policy Community Control System) Regulations 2011 (S.I. No. 490 of 2011); revoked (9.08.2012) by Sea-Fisheries (Community Control System) Regulations 2012 (S.I. No. 320 of 2012), reg. 14.

E33

Previous affecting provisions: entitlement of persons who hold an authorisation to fish for mussel seed granted under section provided:

• (17.08.2014 to 3.12.2014) by Sea-Fisheries and Maritime Jurisdiction (Mussel Seed) (Opening of Fisheries) Regulations 2014 (S.I. No. 386 of 2014), regs. 3, 4, in effect as per reg. 1; revoked (5.09.2015) by Sea-Fisheries and Maritime Jurisdiction (Mussel Seed) (Opening of Fisheries) Regulations 2015 (S.I. No. 370 of 2015), reg. 4(a), in effect as per reg. 1(2).

• (12.09.2013 to 30.11.2013) by Sea-Fisheries and Maritime Jurisdiction (Mussel Seed) (Opening of Fisheries) Regulations 2013 (S.I. No. 352 of 2013), regs. 3, 4, in effect as per reg. 1; revoked (5.09.2015) by Sea-Fisheries and Maritime Jurisdiction (Mussel Seed) (Opening of Fisheries) Regulations 2015 (S.I. No. 370 of 2015), reg. 4(b), in effect as per reg. 1(2).

• (12.05.2012) by Sea-Fisheries and Maritime Jurisdiction (Mussel Seed) Opening of Fisheries) Regulations 2012 (S.I. No. 154 of 2012), reg. 3, in effect as per reg. 1; revoked (9.01.2013) by Mussel Seed (Closing of Fisheries) Regulations 2013 (S.I. No. 8 of 2013)

• (9.05.2011) by Mussel Seed (Opening of Fisheries) Regulations 2011 (S.I. No. 204 of 2011), reg. 3, in effect as per reg. 1; revoked (26.01.2012) by Mussel Seed (Closing of Fisheries) Regulations 2012 (S.I. No. 29 of 2012), reg. 4.

• (30.08.2010) by Mussel Seed (Opening of Fisheries) (No. 2) Regulations 2010 (S.I. No. 413 of 2010), in effect as per reg. 1; revoked (2.12.2010) by Mussel Seed (Closing of Fisheries) (No. 2) Regulations 2010 (S.I. No. 572 of 2010), reg. 2, in effect as per reg. 1.

• (4.05.2010) by Mussel Seed (Opening of Fisheries) Regulations 2010 (S.I. No. 174 of 2010), reg. 3(1), in effect as per reg. 1; revoked (25.05.2010) by Mussel Seed (Closing of Fisheries) Regulations 2010 (S.I. No. 228 of 2010), reg. 2, in effect as per reg. 1.