Sea-Fisheries and Maritime Jurisdiction Act 2006

22

Recovery of fine for offence under relevant provision and possession by sea-fisheries protection officer of articles forfeited.

22.— (1) The following provisions have effect in relation to the recovery of a fine for an offence under a relevant provision and the costs (if any) ordered to be paid by the person convicted of the offence:

( a) the Court shall fix a time within which such costs and fine (if any) are to be paid;

( b) where the boat to which such person belongs is, at the time of the hearing of the proceedings for such offence, detained under this Chapter, the Court shall by order directed to a sea-fisheries protection officer or officers require such officer or officers to detain further, until such fine and costs (if any) are paid, at a specified port in the State such boat, and such boat shall be detained accordingly;

( c) in the event of such fine and costs (if any) not being paid within the said time, such fine and costs (if any) may be recovered by distress and the sale of such boat (including the capacity thereof);

( d) nothing in the foregoing paragraphs of this subsection shall prevent such fine and costs (if any) being recovered from such person by ordinary process of law.

(2) Where—

( a) any article on board a boat is ordered under Chapter 4, by a court to be forfeited or, as a statutory consequence of conviction by a court, stands, under Chapter 4, forfeited, and

( b) the boat is detained under section 19 or section 26(2)( e) of the Act of 2003,

the Court may, on the application of the prosecutor, by order directed to a sea-fisheries protection officer, authorise such officer to detain such boat until possession has been taken of the article forfeited, and such boat may be detained accordingly.

(3) Where an article on board a boat is forfeited under a relevant provision, a sea-fisheries protection officer may request the master of such boat to make available such facilities (including the moving of the boat from place to place and the doing of things upon, to or with such boat, its equipment or machinery) as such sea-fisheries protection officer may reasonably require for the purpose of enabling him or her to take possession of the article.

(4) Where the master of a boat fails or refuses to comply with a request made to him or her under subsection (3), he or she commits an offence and is liable on summary conviction to a fine not exceeding €5,000.

Annotations

Editorial Notes:

Previous affecting provision: application of section extended (13.04.2006) by Sea Fisheries (Technical Conservation Measures) Regulations 2006 (S.I. No. 171 of 2006), reg. 5; revoked (5.06.2013) by Sea-Fisheries (Technical Measures) Regulations 2013 (S.I. No. 197 of 2013), reg. 6(1).