lrc_2003_act_21

(LRC Revised)

1 Articles / Provisions · Ireland

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Statutory Text (1 Articles)

LRC Revised Act

FISHERIES (AMENDMENT) ACT 2003 (LRC Revised) Open official source

Number 21 of 2003

FISHERIES (AMENDMENT) ACT 2003

REVISED

Updated to 14 May 2024

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative

consolidation of the

Fisheries (Amendment) Act 2003

. It is prepared by the Law

Reform Commission in accordance with its function under the

Law Reform Commission Act

1975

(3/1975) to keep the law under review and to undertake revision and

consolidation of statute law.

All Acts up to and including the

Employment (Collective Redundancies and

Miscellaneous Provisions) and Companies (Amendment) Act 2024

(14/2024), enacted 9

May 2024, and all statutory instruments up to and including the

Foreshore (Transfer

of Departmental Administration and Ministerial Functions) Order 2024

(S.I. No.

236 of 2024), made 14 May 2024, were considered in the preparation of this Revised

Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

revisedacts@lawreform.ie.

Number

2003

FISHERIES (AMENDMENT) ACT

2003

REVISED

Updated to 14 May 2024

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

Short title, collective citation and construction.

Interpretation.

PART 2

Licensing of Sea-Fishing Boats and Certain Sea-Fishing

Licensing authority.

Sea-fishing boat licences.

Licence application, licence and other fees.

5A.

Tax clearance certification requirement for applicants for sea-fishing boat licences.

PART 3

Independent Appeals System

Appeals Officer.

Right of appeal.

Oral hearings.

Notification of appeals to, and supply of documents, etc., by, licensing authority.

10.

Submissions or observations by parties to appeal.

11.

Submissions or observations by persons other than parties to appeal.

12.

Power of Appeals Officer to request submissions or observations.

13.

Appeals Officer to give copy of submissions or observations to appellant, etc.

14.

Power of Appeals Officer to require submission of documents, etc.

15.

Appeals Officer to give copy of documents, etc., submitted to appellant, etc.

16.

Determination of appeals.

17.

Time for appeals, etc., extended where office of Appeals Officer is closed.

18.

Reference of certain questions of law to High Court.

19.

Applications for judicial review.

20.

Regulations (

Part 3

21.

Offences and penalties.

PART 4

Conservation and Management of Fish Stocks

22.

Interpretation (

Part 4

23.

Party states.

24.

Conservation areas.

25.

Regulations relating to conservation and management of straddling and highly migratory

fish stocks.

26.

Sea fisheries protection officers.

27.

Duty of master of sea-fishing boat in conservation area.

28.

Forfeiture of sea-fishing boats in certain circumstances.

29.

Suspension or cancellation of certificate of competency of master, etc., of Irish

sea-fishing boat in certain circumstances.

30.

Increase in certain fines.

31.

Amendment of

Schedule 3

PART 5

Foreshore Application and Other Fees

32.

Foreshore application and other fees.

SCHEDULE 1

Appeals Officer

SCHEDULE 2

United Nations Agreement on the implementation of the provisions of

the United Nations Convention on the Law of the Sea of 10 December 1982 relating to

the conservation and management of straddling fish stocks and highly migratory fish

stocks

SCHEDULE 3

List of Highly Migratory Fish Species

Acts Referred to

Civil Service Regulation Act 1956

1956, No. 46

European Communities Act 1972

1972, No. 27

European Parliament Elections Act 1997

1997, No. 2

Fisheries (Amendment) Act 1978

1978, No. 18

Fisheries (Amendment) Act 1983

1983, No. 27

Fisheries (Amendment) Act 1994

1994, No. 23

Fisheries (Consolidation) Act 1959

1959, No. 14

Fisheries Acts 1959 to 2001

Foreshore Act 1933

1933, No. 12

Foreshore Acts 1933 to 1998

Local Government Act 2001

2001, No. 37

Mercantile Marine Act 1955

1955, No. 29

Merchant Shipping Act 1894

56 & 57 Vic., c. 60

Merchant Shipping (Certification of Seamen) Act 1979

1979, No. 37

Number

2003

FISHERIES (AMENDMENT) ACT

2003

REVISED

Updated to 14 May 2024

AN ACT TO ENABLE EFFECT TO BE GIVEN TO THE

UNITED NATIONS AGREEMENT ON THE IMPLEMENTATION

OF THE PROVISIONS OF THE UNITED

NATIONS CONVENTION ON THE LAW OF THE SEA OF

10 DECEMBER 1982 RELATING TO THE CONSERVATION

AND MANAGEMENT OF STRADDLING FISH

STOCKS AND HIGHLY MIGRATORY FISH STOCKS, TO

PROVIDE FOR AN INDEPENDENT APPEALS SYSTEM

IN RELATION TO THE LICENSING OF SEA-FISHING

BOATS, TO AMEND AND EXTEND THE FORESHORE

ACT 1933, THE FISHERIES ACTS 1959 TO 2001 AND THE

MERCHANT SHIPPING (CERTIFICATION OF SEAMEN)

ACT 1979, AND TO PROVIDE FOR RELATED MATTERS.

st July

, 2003.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering

text)

Functions transferred and

references to "Department of Housing, Local Government and Heritage" and "Minister

for Department of Housing, Local Government and Heritage" construed (14.05.2024)

Foreshore (Transfer of Departmental Administration and Ministerial

Functions) Order 2024

(S.I. No. 236 of 2024), arts. 2, 3(1)(c), (2), in

effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and

business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of the

Environment, Climate and Communications.

(2) References to the Department

of Housing, Local Government and Heritage contained in any Act or any instrument

made under an Act and relating to any administration and business transferred by

paragraph (1) shall, from the commencement of this Order, be construed as

references to the Department of the Environment, Climate and Communications.

3. (1) The functions vested in the

Minister for Housing, Local Government and Heritage by or under the provisions of

the – ...

2003 (No. 21 of 2003),

are transferred to the Minister

for the Environment, Climate and Communications.

(2) References to the Minister for

Housing, Local Government and Heritage contained in any Act or instrument made

under such Act and relating to any functions transferred by this Article shall,

from the commencement of this Order, be construed as references to the Minister

for the Environment, Climate and Communications.

Functions transferred and references to “Department of

Communications, Marine and Natural Resources” and “Minister for

Communications, Marine and Natural Resources” construed (19.10.2007) by

Sea Fisheries, Foreshore and Dumping at Sea (Transfer of Departmental

Administration and Ministerial Functions) Order 2007

(S.I. No. 707 of

2007), arts. 2 and 3(1)(a), (2) and sch. part 1, in effect as per art. 1, subject

to transitional provisions in arts. 4-8.

2. (1) The administration and

business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of

Agriculture and Food.

(2) A reference to the Department

of Communications, Marine and Natural Resources contained in any Act or instrument

made thereunder and relating to any administration and business transferred by

paragraph (1) shall be construed as a reference to the Department of Agriculture

and Food.

3. (1) A function vested in the

Minister for Communications, Marine and Natural Resources by or under—

(a) an enactment cited in Part 1

of the Schedule to this Order, and

...

is transferred to the Minister

for Agriculture and Food.

(2) A reference to the Minister

for Communications, Marine and Natural Resources contained in an enactment or

instrument made under an enactment and relating to a function transferred by this

Article shall be construed as a reference to the Minister for Agriculture and

Food.

...

SCHEDULE

PART 1

...

Fisheries (Amendment) Act 2003 (No. 21 of 2003) except Part

...

Application of collectively

cited

Fisheries Acts

restricted (21.09.2011) by

European Communities

(Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), reg.

42(22), in effect as per reg. 1(3).

Screening for Appropriate

Assessment and Appropriate Assessment of implications for European

Sites

42. …

(22) Notwithstanding any provision

of any statute listed in the Second Schedule that provides for the consent for a

plan or project to which this Regulation applies to be obtained by default on the

failure of the public authority to provide a response within a specified timescale

or otherwise, that provision shall not have effect in respect of any plan or

project to which this Regulation applies.

...

Review of existing

plans

46. ...

(3) For the purposes of this Regulation, a decision, including

a decision to adopt or undertake, or give approval for a plan, may include those

adopted, undertaken or approved pursuant to any of the enactments set out in the

Second Schedule to these Regulations.

...

General provisions

regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or

other authorisation given under these Regulations or under any of the enactments

referred to in the Second Schedule may include conditions requiring compliance

with any guideline or code of practice issued under Regulation 71 or such

provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short

Title/Citation

...

2006

...

Aquaculture Acts 1997 to 2006

...

Dumping at Sea Acts 1996 to 2009

...

Maritime Safety Acts 1992 to 2006

...

Sea Fisheries and Maritime Jurisdiction Act

2006

...

Sea-Fisheries Acts 2003 to 2007

...

Editorial Notes

Provision for enforcement

and related offences made (4.04.2006) by

Sea-Fisheries and Maritime

Jurisdiction Act 2006

(8/2006), ss. 16-39, commenced on enactment.

Annotations

Modifications (not altering

text)

Functions transferred and

references to "Department of Housing, Local Government and Heritage" and "Minister

for Department of Housing, Local Government and Heritage" construed (14.05.2024)

Foreshore (Transfer of Departmental Administration and Ministerial

Functions) Order 2024

(S.I. No. 236 of 2024), arts. 2, 3(1)(c), (2), in

effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and

business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of the

Environment, Climate and Communications.

(2) References to the Department

of Housing, Local Government and Heritage contained in any Act or any instrument

made under an Act and relating to any administration and business transferred by

paragraph (1) shall, from the commencement of this Order, be construed as

references to the Department of the Environment, Climate and Communications.

3. (1) The functions vested in the

Minister for Housing, Local Government and Heritage by or under the provisions of

the – ...

2003 (No. 21 of 2003),

are transferred to the Minister

for the Environment, Climate and Communications.

(2) References to the Minister for

Housing, Local Government and Heritage contained in any Act or instrument made

under such Act and relating to any functions transferred by this Article shall,

from the commencement of this Order, be construed as references to the Minister

for the Environment, Climate and Communications.

Functions transferred and references to “Department of

Communications, Marine and Natural Resources” and “Minister for

Communications, Marine and Natural Resources” construed (19.10.2007) by

Sea Fisheries, Foreshore and Dumping at Sea (Transfer of Departmental

Administration and Ministerial Functions) Order 2007

(S.I. No. 707 of

2007), arts. 2 and 3(1)(a), (2) and sch. part 1, in effect as per art. 1, subject

to transitional provisions in arts. 4-8.

2. (1) The administration and

business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of

Agriculture and Food.

(2) A reference to the Department

of Communications, Marine and Natural Resources contained in any Act or instrument

made thereunder and relating to any administration and business transferred by

paragraph (1) shall be construed as a reference to the Department of Agriculture

and Food.

3. (1) A function vested in the

Minister for Communications, Marine and Natural Resources by or under—

(a) an enactment cited in Part 1

of the Schedule to this Order, and

...

is transferred to the Minister

for Agriculture and Food.

(2) A reference to the Minister

for Communications, Marine and Natural Resources contained in an enactment or

instrument made under an enactment and relating to a function transferred by this

Article shall be construed as a reference to the Minister for Agriculture and

Food.

...

SCHEDULE

PART 1

...

Fisheries (Amendment) Act 2003 (No. 21 of 2003) except Part

...

Application of collectively

cited

Fisheries Acts

restricted (21.09.2011) by

European Communities

(Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), reg.

42(22), in effect as per reg. 1(3).

Screening for Appropriate

Assessment and Appropriate Assessment of implications for European

Sites

42. …

(22) Notwithstanding any provision

of any statute listed in the Second Schedule that provides for the consent for a

plan or project to which this Regulation applies to be obtained by default on the

failure of the public authority to provide a response within a specified timescale

or otherwise, that provision shall not have effect in respect of any plan or

project to which this Regulation applies.

...

Review of existing

plans

46. ...

(3) For the purposes of this Regulation, a decision, including

a decision to adopt or undertake, or give approval for a plan, may include those

adopted, undertaken or approved pursuant to any of the enactments set out in the

Second Schedule to these Regulations.

...

General provisions

regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or

other authorisation given under these Regulations or under any of the enactments

referred to in the Second Schedule may include conditions requiring compliance

with any guideline or code of practice issued under Regulation 71 or such

provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short

Title/Citation

...

2006

...

Aquaculture Acts 1997 to 2006

...

Dumping at Sea Acts 1996 to 2009

...

Maritime Safety Acts 1992 to 2006

...

Sea Fisheries and Maritime Jurisdiction Act

2006

...

Sea-Fisheries Acts 2003 to 2007

...

Editorial Notes

Provision for enforcement

and related offences made (4.04.2006) by

Sea-Fisheries and Maritime

Jurisdiction Act 2006

(8/2006), ss. 16-39, commenced on enactment.

Section

Short title, collective citation and construction.

Interpretation.

PART 2

Licensing of Sea-Fishing Boats and Certain Sea-Fishing

Licensing authority.

Sea-fishing boat licences.

Licence application, licence and other fees.

5A.

Tax clearance certification requirement for applicants for sea-fishing boat licences.

PART 3

Independent Appeals System

Appeals Officer.

Right of appeal.

Oral hearings.

Notification of appeals to, and supply of documents, etc., by, licensing authority.

10.

Submissions or observations by parties to appeal.

11.

Submissions or observations by persons other than parties to appeal.

12.

Power of Appeals Officer to request submissions or observations.

13.

Appeals Officer to give copy of submissions or observations to appellant, etc.

14.

Power of Appeals Officer to require submission of documents, etc.

15.

Appeals Officer to give copy of documents, etc., submitted to appellant, etc.

16.

Determination of appeals.

17.

Time for appeals, etc., extended where office of Appeals Officer is closed.

18.

Reference of certain questions of law to High Court.

19.

Applications for judicial review.

20.

Regulations (

Part 3

21.

Offences and penalties.

PART 4

Conservation and Management of Fish Stocks

22.

Interpretation (

Part 4

23.

Party states.

24.

Conservation areas.

25.

Regulations relating to conservation and management of straddling and highly migratory

fish stocks.

26.

Sea fisheries protection officers.

27.

Duty of master of sea-fishing boat in conservation area.

28.

Forfeiture of sea-fishing boats in certain circumstances.

29.

Suspension or cancellation of certificate of competency of master, etc., of Irish

sea-fishing boat in certain circumstances.

30.

Increase in certain fines.

31.

Amendment of

Schedule 3

PART 5

Foreshore Application and Other Fees

32.

Foreshore application and other fees.

SCHEDULE 1

Appeals Officer

SCHEDULE 2

United Nations Agreement on the implementation of the provisions of

the United Nations Convention on the Law of the Sea of 10 December 1982 relating to

the conservation and management of straddling fish stocks and highly migratory fish

stocks

SCHEDULE 3

List of Highly Migratory Fish Species

Number

2003

(LRC Revised)

Statutory Text (1 Articles)

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