Sea-Fisheries and Maritime Jurisdiction Act 2006

F31[Offence of employing person who is suspended or removed from Irish Fishing Master Register

15R

15R.(1) A holder of a sea-fishing boat licence shall not

(a) permit a person to take control of the sea-fishing boat to which the licence relates, or

(b) engage a person as a master of the sea-fishing boat to which the licence relates,

knowing that the person is an Irish citizen and is not registered in the Irish Fishing Master Register or that the registration of that person in that Register is suspended under section 15K.

(2) A holder of a sea-fishing boat licence shall not

(a) permit a national of another Member State to take control of the sea-fishing boat to which the licence relates, or

(b) engage such a national as a master of such a sea-fishing boat to which the licence relates,

knowing that he or she has been suspended or removed from a register in the Member State equivalent to the Irish Fishing Master Register or has had his or her right or permission to master a sea-fishing boat permanently withdrawn under the law of that Member State that gives effect to Article 92 of the Control Regulation.

(3) A person who contravenes subsection (1) or (2) commits an offence and is liable

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

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

(4) In proceedings against the holder of a sea-fishing boat licence for a contravention of subsection (1)(a) or (2)(a), it shall be a defence for the defendant to prove that he or she permitted the person referred to in those paragraphs to take charge of the sea-fishing boat concerned in order to avert, or to seek to avert, an immediate or imminent danger to the sea-fishing boat or a person thereon.]

Annotations

Amendments:

F31

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.