Sea-Fisheries and Maritime Jurisdiction Act 2006

F22[Assignment of points by Authority

15I

15I. (1) Where the Authority is notified under section 15H(8) that the Determination Panel has determined that a serious infringement has occurred and the master, at the time the serious infringement occurred, was the master of the sea-fishing boat, the Authority shall

(a) in a case where the master concerned is an Irish citizen, notify the master in writing

(i) of it having been so notified, and

(ii) of the proposal to assign the appropriate points in accordance with Annex XXX to the Commission Regulation or section 15U, as the case may be, to the master for the serious infringement,

or

(b) in a case where the master concerned is a national of another Member State, notify the master

(i) of it having been so notified, and

(ii) that it is proposed to notify the competent authority of the Member State of which the master is a national of the detection of the serious infringement.

(2) A notification under subsection (1) to a master shall

(a) give particulars of

(i) the serious infringement concerned, and

(ii) where relevant, the appropriate number of points proposed to be assigned,

and

(b) inform the master of the masters right to appeal in accordance with section 15N.

(3) Subject to subsection (5), where a notification has been issued under subsection (1) in respect of a master who is an Irish citizen, the Authority shall

(a) assign the appropriate number of points to the master in question, and

(b) as soon as practicable thereafter, notify the Minister of the following matters:

(i) the name and address of the master to whom the points are assigned;

(ii) the registration number of the registered master;

(iii) the identity of the sea-fishing boat to which the infringement concerned relates;

(iv) the particulars of the serious infringement concerned;

(v) the number of points assigned;

(vi) the date from which the points are assigned.

(4) Subject to subsection (5), where a notification has been issued under subsection (1) in respect of a master who is a national of another Member State, the Authority shall notify the competent authority of the Member State of the following matters:

(a) the identity of the sea-fishing boat to which the infringement concerned relates;

(b) the name and address of, and any other identifying details available relating to, the master of the sea-fishing boat;

(c) the particulars of the serious infringement concerned;

(d) the number of points applicable to that infringement.

(5) Points shall not be assigned under subsection (3) or a notification shall not be made under subsection (4), as the case may be, until

(a) the period allowed to appeal the determination by the Determination Panel to the Appeals Officer under section 15N has expired, without such an appeal having been made, or

(b) where an appeal under section 15N is made

(i) in case the appeal is withdrawn, the date of the withdrawal, or

(ii) in case the Appeals Officer decides to uphold the determination of the Determination Panel in respect of the serious infringement, the date of that decision.

(6) Where the Authority receives a notification under Article 89(4) of the Control Regulation from the competent authority of another Member State of the detection of a serious infringement involving a sea-fishing boat of which an Irish citizen was the master, the Authority shall

(a) assign the appropriate number of points to the master, and

(b) notify the master and the Minister accordingly.

(7) Points assigned by the Authority in accordance with this section shall apply from the date of detection of the serious infringement concerned.

(8) The Authority shall not assign more than 12 points in respect of any one inspection.

(9) In this section

"identity", in relation to a sea-fishing boat, includes the lettering and numbering of the boat;

"inspection" has the same meaning as it has in Article 4(4) of the Control Regulation.]

Annotations:

Amendments:

F22

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