Sea-Fisheries and Maritime Jurisdiction Act 2006

F21[Notification of an alleged serious infringement

15H

15H.(1) Where an official detects an alleged serious infringement

(a) involving an Irish sea-fishing boat, wherever the boat may be, or

(b) involving a foreign sea-fishing boat, in the exclusive fishery limits of the State (within the meaning of Part 3),

of which boat the person who is alleged to be the master ("the alleged master") is an Irish citizen or a national of another Member State, the official shall prepare a report and forward the report and any material collected in relation to the alleged infringement to the Authority.

(2) Where a report is forwarded to the Authority pursuant to subsection (1), the Authority shall

(a) send the report and any material collected relating to the alleged serious infringement to the Determination Panel to determine if a serious infringement has occurred,

(b) notify the alleged master in writing

(i) that an alleged serious infringement has been detected,

(ii) that he or she is alleged to have been the master of the sea‑fishing boat when the alleged serious infringement took place,

(iii) that the matter shall be sent to the Determination Panel to determine if a serious infringement has occurred,

(iv) of the opportunity for him or her to make submissions in writing to the Determination Panel within 30 working days from the date of the notification, and

(v) that he or she may, within 30 working days from the date of the notification, make a request in writing to the Determination Panel for an oral hearing,

and

(c) provide the alleged master with a copy of the report and the material referred to in paragraph (a).

(3) A report and any material forwarded to the Authority by an official pursuant to subsection (1) and any submission referred to in subsection (4) may be used by the Determination Panel in making a determination under subsection (6).

(4) The alleged master shall be given the opportunity to make submissions in writing to the Determination Panel within 30 working days from the date of the notification referred to in subsection (2)(b).

(5) The Determination Panel may request that extra information be provided by the Authority or the alleged master in relation to the issue under determination by the Determination Panel and the Authority or the alleged master, as the case may be, shall provide the information not later than 20 working days after receiving the request.

(6) The Determination Panel shall, not later than 70 working days after the date of notification referred to in subsection (2)(b) to the alleged master, determine on the balance of probabilities whether a serious infringement has occurred and whether the alleged master was, at the time the serious infringement occurred, the master of the sea-fishing boat.

(7) In determining whether an alleged serious infringement has occurred, the Determination Panel shall have regard to the criteria referred to in Article 3(2) of the IUU Regulation.

(8) The Determination Panel shall notify the Authority and the alleged master concerned in writing of its determination under subsection (6) and the reasons for that determination.]

Annotations:

Amendments:

F21

Inserted (3.05.2022) by Sea-Fisheries (Miscellaneous Provisions) Act 2022 (2/2022), s. 6, S.I. No. 202 of 2022.