36.— Where an offence under a relevant provision has been committed by any person on board a sea-fishing boat, and where the master or owner of the boat is charged with having committed the offence, it is a defence for him or her to show that—

(a) he or she used due diligence to prevent the commission of the acts alleged to constitute the offence and they were done without his or her consent, connivance or default, or

(b) the acts were necessary to secure the safety of the boat or any other vessel or person in peril on the sea.