Sea-Fisheries and Maritime Jurisdiction Act 2006

F15[Irish Fishing Master Register

15B

15B. (1) For the purposes of this Chapter, the Minister shall establish and maintain, in such form (including electronic form) as he or she considers appropriate, a register, to be known as the Irish Fishing Master Register, of Irish citizens who are masters of sea-fishing boats and the points assigned in accordance with this Chapter to each such master.

(2) A person applying for registration in the Irish Fishing Master Register shall

(a) furnish the Minister with such information as the Minister may reasonably require for the purposes of maintaining the Irish Fishing Master Register, and

(b) without prejudice to the generality of paragraph (c), satisfy the Minister that he or she

(i) is an Irish citizen, and

(ii) is not, at the time of registration, assigned 90 or more points in accordance with this Chapter.

(3) An application for entry in the Irish Fishing Master Register shall be made in such form and manner as the Minister may specify.

(4) The Irish Fishing Master Register shall contain the following details in respect of each person registered therein:

(a) his or her name and address;

(b) his or her phone number, email address and any other relevant contact details;

(c) his or her personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005);

(d) his or her registration number as specified in the certificate of master registration issued in respect of him or her;

(e) the date of registration on the certificate of master registration;

(f) the number of points (if any) assigned to him or her by the Authority in accordance with this Chapter;

(g) the date on which any such points were so assigned;

(h) details of any suspension of the registration of the person in the Irish Fishing Master Register, including the date and duration of any such suspension, a summary of the reasons for the suspension and particulars of all deletions of such suspensions;

(i) the date of occurrence and details of each serious infringement for which he or she has been assigned points (if any);

(j) the date of the detection of each such serious infringement;

(k) the date on which any points assigned to the master or any suspension of the registration of the master may be deleted from the Irish Fishing Master Register in accordance with section 15J(2) or 15K(6);

(l) such other information as the Minister considers necessary to ensure the effective management of the Irish Fishing Master Register.

(5) A registered master shall notify the Minister of any change in the details specified in paragraph (a) or (b) of subsection (4) relating to him or her.

(6) The Minister shall make the following information entered in the Irish Fishing Master Register in relation to a person entered in that register available in such manner as he or she considers appropriate to holders of sea-fishing boat licences and other relevant persons:

(a) his or her name;

(b) his or her registration number;

(c) the number of points assigned to him or her;

(d) details of any suspension of the registration of the person in the Irish Fishing Master Register, including the date and duration of any such suspension.

(7) An official shall, at all reasonable times, have access to and may inspect and examine the Irish Fishing Master Register.

(8) Upon receipt of a notification under section 15I(3)(b) or section 15I(6)(b), the Minister shall record on the Irish Fishing Master Register the points assigned in accordance with this Chapter to the master to whom the notification relates.

(9) Subject to subsection (10), the Minister may refuse to register a person in, or remove a person from, the Irish Fishing Master Register where the Minister is satisfied that the person's application for registration is or was, at the time it was made, incomplete, inaccurate, false or misleading in any material respect.

(10) Where the Minister proposes, in accordance with subsection (9), to refuse to register in, or to remove from, the Irish Fishing Master Register, a person, he or she shall

(a) notify the person concerned in writing of the proposal and of the reasons for the proposed refusal or removal,

(b) notify the person in writing that he or she, or a person acting on his or her behalf, may make representations to the Minister in relation to the proposal within 14 days of the receipt by the person of the notification referred to in paragraph (a), and

(c) consider any such representations duly made before deciding whether to refuse to register in, or to remove from, the Irish Fishing Master Register, the person.

(11) The Minister shall retain a record, in such form (including electronic form) as he or she considers appropriate, of persons who have been removed from the Irish Fishing Master Register in accordance with subsection (9) or (13) or section 15L.

(12) A person who, when applying for registration in the Irish Fishing Master Register, furnishes information to the Minister knowing it to be false or misleading in any material respect shall be guilty of an offence and shall be liable

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding 15,000.

(13) Where a person is convicted of an offence under subsection (12), he or she shall be removed by the Minister from the Irish Fishing Master Register.

(14) In this section, "relevant person" means

(a) a holder of a sea-fishing boat licence, and

(b) a person who has made an application for a sea-fishing boat licence to the licensing authority and such licence has not yet been granted.]

Annotations:

Amendments:

F15

Inserted (3.05.2022) by Sea-Fisheries (Miscellaneous Provisions) Act 2022 (2/2022), s. 6, S.I. No. 202 of 2022. A class A fine means a fine not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.