IE
(LRC Revised)
Statutory Text (1 Articles)
Number 8 of 2006
SEA-FISHERIES AND MARITIME JURISDICTION ACT 2006
REVISED
Updated to 19 December 2025
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
Sea-Fisheries and Maritime Jurisdiction Act 2006
. 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
Appropriation Act 2025
(17/2025), enacted 20 December 2025, and all statutory instruments up to
and including the
Sea - Fisheries (Technical Measures) (Amendment) Regulations 2025
(S.I. No. 675 of 2025), made 19 December 2025, were considered in the preparation
of this revision.
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
to
revisedacts@lawreform.ie.
Number
8
of
2006
SEA-FISHERIES AND MARITIME JURISDICTION ACT 2006
REVISED
Updated to 19 December 2025
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title, collective citation and construction.
2. Definitions.
3. Regulations.
4. Repeals and Revocations.
5. Expenses.
PART 2
Sea-Fisheries
Chapter 1
Preliminary
6. Definitions (
Part 2
).
7. Moville and Louth areas.
Chapter 2
Regulation of Sea-Fishing
8. Restriction on foreign sea-fishing boats entering exclusive fishery limits.
9. Provisions in relation to foreign sea-fishing boats lawfully entering exclusive
fishery limits.
10. Unauthorised fishing while on board foreign sea-fishing boat within exclusive
fishery limits.
11. Contravention of EC Regulation (common fisheries policy).
12. Management of State’s fishing quota — notices.
13. Management and Regulation of State’s fishing opportunities and fishing effort — authorisations.
14. Regulations to give effect to common fisheries policy.
15. National regulatory measures to supplement common fisheries policy.
Chapter 2A
Regulation of Irish fishing masters
15A.
Interpretation and application (
Chapter 2A
of
Part 2
).
15B. Irish Fishing
Master Register
15C. Certificate
of master registration.
15D. Data
entered in Irish Fishing Master Register.
15E. Regulations
relating to maintenance and administration of Irish Fishing Master Register.
15F. Taking
charge of certain sea-fishing boats when not registered in the Irish Fishing Master
Register
15G.
Determination Panel.
15H.
Notification of an alleged serious infringement.
15I. Assignment
of points by Authority.
15J. Matters
relating to points assigned.
15K. Suspension
of Irish fishing master from Irish Fishing Master Register.
15L. Removal of
master from Irish Fishing Master Register for accumulation of points or
suspensions.
15M. Appeals
Officer.
15N. Appeal to
the Appeals Officer .
15O.
Notification of assignment of points.
15P. Service of
notifications to masters.
15Q. Matters
relating to oral hearings .
15R. Offence of
employing person who is suspended or removed from Irish Fishing Master
Register.
15S.
Consideration by Determination Panel and Appeals Officer of submissions.
15T. Extension
of time limits.
15U. Points to
be assigned for serious infringement specified in Article 90(1)(c) of Control
Regulation.
Chapter 3
Sea-Fisheries Protection Officers — Detention of boats — Related offences
16. Sea-fisheries protection officers.
17. Powers of sea-fisheries protection officer related to the inspection, examination
and detention of sea-fish, etc.
17A. Search warrants.
18. Powers of sea-fisheries protection officer relating to fishing boats.
19. Detention of boats and persons on board when offences suspected.
20. Detention of boats and persons charged or to be charged pending prosecution.
21. Detention of boats pending determination of any proceeding (including appeals)
under relevant provision.
22. Recovery of fine for offence under relevant provision and possession by sea-fisheries
protection officer of articles forfeited.
23. Trial in District Court of person charged with offence on boat detained by sea-fisheries
protection officer.
24. Offence — obstruction, etc., of sea-fisheries protection officer.
25. Offence — assaulting sea-fisheries protection officer.
26. Immunity of sea-fisheries protection officer.
26A. Data Transfer.
Chapter 4
Matters relating to indictable fishery offences, proceedings, forfeiture
27. Option for accused persons as regards proceedings in relation to indictable offences
under
Sea-Fisheries Acts 2003
and
2006
.
28. Penalties and forfeiture for certain indictable fishery offences.
29. Non-obligation of Court to pronounce or record forfeiture where forfeiture falls
as a statutory consequence of conviction.
30. Disposal of forfeitures.
31. Forfeiture of proceeds from disposal of illegally-caught fish.
32. Prosecutor may appeal dismissal of proceedings in District Court.
33. Proof that boat is foreign sea-fishing boat.
34. Offence by body corporate, etc.
35. Service of trial documents — persons resident outside State.
36. Defence.
37. Presumption.
38. Prosecution of summary offences —
Sea-Fisheries Acts 2003
and
2006
.
39. Prosecution of sea-fisheries offences by DPP and saver.
Chapter 5
Sea-Fisheries Protection Authority
40. Establishment day.
41. Establishment of Sea-Fisheries Protection Authority.
42. Independence of Authority.
43. Functions of Authority.
44. Transfer of functions.
45. Transfer of assets and liabilities of staff, etc., transferred.
46. Policy directions by Minister to Authority.
47. Members of Authority.
48. Consultative Committee.
49. Complaints procedures.
50. Staff of Authority.
51. Sea-fisheries protection officers.
52. Transfer of staff from Minister to Authority.
53. Consultants and advisers.
54. Indemnity.
55. Membership of House of Oireachtas, European Parliament and local authorities.
56. Code of Conduct.
57. Disclosure of interests.
58. Disclosure of confidential information.
59. Superannuation of members of Authority.
60. Superannuation of staff of Authority.
61. Resources made available by Minister to Authority.
62. Grants to Authority.
63. Fees.
64. Borrowings.
65. Accounts and annual report of Authority.
66. Strategy Statement of Authority.
67. Publication of reports of Authority.
68. Accountability of Authority to Committees of Oireachtas.
69. Premises of Authority.
70. Seal of Authority.
71. Authority to keep itself informed on certain matters.
72. Provision of services by Authority.
73. Definitions (
Chapter 5
).
Chapter 6
Registration of sea-fishing boats and miscellaneous offences involving sea-fishing
boats
74. Register of Fishing Boats.
75. Registration, lettering and numbering of sea-fishing boats.
76. Regulations.
77. Fees.
78. Continuance of Regulations of 2005.
79. Miscellaneous offences involving sea-fishing boats.
80. Definitions (
Chapter 6
).
PART 3
(Repealed)
Maritime Jurisdiction (Including Exclusive Economic Zone and Exclusive Fishery Limits)
of the State
81. Definitions
(
Part 3
).
(Repealed)
82. Territorial
seas.
(Repealed)
83. Outer limit
of territorial seas.
(Repealed)
84.
Contiguous zone.
(Repealed)
85.
Baseline.
(Repealed)
86. Internal
waters.
(Repealed)
87. Exclusive
economic zone of State.
(Repealed)
88. Exclusive
fishery limits of State.
(Repealed)
89. Jurisdiction
in case of offence.
(Repealed)
90. Prosecution
of non-national for offence on foreign ship.
(Repealed)
91. Saving as to
jurisdiction.
(Repealed)
92. Evidence as
to extent of internal waters, territorial seas, exclusive economic zone and exclusive
fishery limits.
(Repealed)
93. Adaptation
of enactments.
(Repealed)
94. Laying of
orders before Houses of Oireachtas.
(Repealed)
PART 4
Amendments to Fisheries Acts 1959 to 2003, Mercantile Marine Act 1955, Fishery Harbour
Centres Act 1968, Dumping at Sea Act 1996 and Maritime Safety Act 2005
Chapter 1
Trial of Offences
95. Provisions in relation to cases in District Court.
96. Prosecution of summary offences —
Fisheries Acts 1959 to 2006
.
Chapter 2
Licensing of sea-fishing boats and miscellaneous amendments to Act of 2003
97. Sea-fishing boat licences.
98. Tax clearance certification requirement for applicants for sea-fishing boat licences.
99. Miscellaneous amendments to Act of 2003.
Chapter 3
Mercantile Marine
100. Amendment of Act of 1955.
Chapter 4
Aquaculture
101. Miscellaneous amendments to Fisheries (Amendment) Act 1997 — aquaculture.
Chapter 5
Fishery Harbour Centres
102. Amendment of section 4 of Fishery Harbour Centres Act 1968.
Chapter 6
Dumping at Sea
103. Amendment of Dumping at Sea Act 1996.
Chapter 7
Maritime Safety
104. Amendment of Maritime Safety Act 2005.
SCHEDULE 1
Enactments Repealed
SCHEDULE 2
United Nations Convention on the Law of the Sea 1982
Part V — Exclusive Economic Zone
SCHEDULE 3
Functions under Regulations which are Transferred
Acts Referred to
British-Irish Agreement Act 1999
1999, No. 1
Carer’s Leave Act 2001
2001, No. 19
Comptroller and Auditor General (Amendment) Act 1993
1993, No. 8
Continental Shelf Act 1968
1968, No. 14
Copyright and Related Rights Act 2000
2000, No. 28
Courts Act 1964
1964, No. 11
Courts of Justice Act 1924
1924, No. 10
Courts of Justice Act 1936
1936, No. 48
Criminal Justice Act 1994
1994, No. 15
Criminal Justice Act 1999
1999, No. 10
Criminal Procedure Act 1967
1967, No. 12
Dumping at Sea Act 1996
1996, No. 14
Dumping at Sea Acts 1996 and 2004
European Communities Act 1972
1972, No. 27
European Parliament Elections Act 1997
1997, No. 2
Finance Act 2002
2002, No. 5
Fisheries Act 1980
1980, No. 1
Fisheries Acts 1959 to 2003
Fisheries (Amendment) Act 1962
1962, No. 31
Fisheries (Amendment) Act 1974
1974, No. 25
Fisheries (Amendment) Act 1978
1978, No. 18
Fisheries (Amendment) Act 1983
1983, No. 27
Fisheries (Amendment) Act 1994
1994, No. 23
Fisheries (Amendment) Act 1997
1997, No. 23
Fisheries (Amendment) Act 2001
2001, No. 40
Fisheries (Amendment) Act 2003
2003, No. 21
Fisheries and Foreshore (Amendment) Act 1998
1998, No. 54
Fisheries (Consolidation) Act 1959
1959, No. 14
Fisheries (Ireland) Act 1845
8 & 9 Vic., c. 108
Fisheries (Ireland) Act 1846
9 Vic., c. 3
Fisheries (Revision of Loans) Act 1931
1931, No. 33
Fishery Harbour Centres Act 1968
1968, No. 18
Fishery Harbour Centres Acts 1968 to 2005
Fishing Licences (Moville District) Act 1951
1951, No. 25
Food Safety Authority of Ireland Act 1998
1998, No. 29
Foyle Fisheries Act 1952
1952, No. 5
Freedom of Information Act 1997
1997, No. 13
Freshwater Fisheries (Prohibition of Netting) Act 1951
1951, No. 21
Local Government Act 2001
2001, No. 37
Maritime Jurisdiction Act 1959
1959, No. 22
Maritime Jurisdiction Acts 1959 to 1988
Maritime Jurisdiction (Amendment) Act 1964
1964, No. 32
Maritime Jurisdiction (Amendment) Act 1988
1988, No. 9
Maritime Safety Act 2005
2005, No. 11
Maritime Safety Acts 1992 to 2005
Maritime Security Act 2004
2004, No. 29
Mercantile Marine Act 1955
1955, No. 29
Merchant Shipping Act 1894
57 & 58 Vic., c. 60
Merchant Shipping Acts 1894 to 2005
Minimum Notice and Terms of Employment Acts 1973 to 2005
Organisation of Working Time Act 1997
1997, No. 20
Parental Leave Act 1998
1998, No. 30
Patents Act 1992
1992, No. 1
Petty Sessions (Ireland) Act 1851
14 & 15 Vic., c. 93
Prosecution of Offences Act 1974
1974, No. 22
Protection of Employees (Fixed-Term Work) Act 2003
2003, No. 29
Protection of Employees (Part-Time Work) Act 2001
2001, No. 45
Public Offices Fees Act 1879
42 & 43 Vic., c. 58
Radiological Protection Act 1991
1991, No. 9
Redundancy Payments Acts 1967 to 2003
Sea Pollution Act 1991
1991, No. 27
Sea Pollution Acts 1991 to 1999
Sea Pollution (Amendment) Act 1999
1999, No. 18
Sea Pollution (Hazardous Substances) (Compensation) Act 2005
2005, No. 9
Taxes Consolidation Act 1997
1997, No. 39
Terms of Employment (Information) Acts 1994 and 2001
Trawling in Prohibited Areas Prevention Act 1909
9 Edw. 7, c. 8
Unfair Dismissals Acts 1977 to 2005
Wildlife Act 1976
1976, No. 39
Number
8
of
2006
SEA-FISHERIES AND MARITIME JURISDICTION ACT 2006
REVISED
Updated to 19 December 2025
AN ACT TO REVISE WITH AMENDMENTS PART XIII OF THE FISHERIES (CONSOLIDATION) ACT 1959
AND THE MARITIME JURISDICTION ACTS 1959 TO 1988, TO PROVIDE FOR THE ESTABLISHMENT
OF A BODY TO BE KNOWN IN THE IRISH LANGUAGE AS AN T-ÚDARÁS UM CHOSAINT IASCAIGH MHARA, OR IN THE ENGLISH LANGUAGE AS THE SEA-FISHERIES PROTECTION
AUTHORITY, AND TO DEFINE ITS FUNCTIONS, TO AMEND AND EXTEND THE FISHERIES ACTS 1959
TO 2003, THE MERCANTILE MARINE ACT 1955, THE FISHERY HARBOUR CENTRES ACT 1968, THE
DUMPING AT SEA ACT 1996 AND THE MARITIME SAFETY ACT 2005, TO AMEND OR REPEAL CERTAIN
ENACTMENTS AND TO PROVIDE FOR CONNECTED MATTERS.
[4
th April
, 2006]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering text)
C1
Application of Act and collectively cited
Aquaculture Acts 1997 to 2006
,
Dumping at Sea Acts 1996 to 2009
,
Maritime Safety Acts 1992 to 2006
and
Sea-Fisheries Acts 2003 to 2007
affected (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, 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
...
...
...
...
8
...
...
...
...
...
...
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
...
C2
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by
Finance (Transfer of Departmental Administration and Ministerial Functions) Order
2011
(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2),
subject to transitional provisions in arts. 6-8.
2. (1) The administration and business in connection with the performance of any functions
transferred by this Order are transferred to the Department of Public Expenditure
and Reform.
(2) References to the Department of Finance contained in any Act or instrument made
thereunder and relating to the administration and business transferred by paragraph
(1) shall, on and after the commencement of this Order, be construed as references
to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions
of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under
an Act and relating to any functions transferred by this Order shall, from the commencement
of this Order, be construed as references to the Minister for Public Expenditure and
Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
...
No. 8 of 2006
...
...
Sea-Fisheries and Maritime Jurisdiction Act 2006
...
...
Sections 31(2)(a), 43(2), 48(13), 56, 61, 62, 63, 65, 69, 76(h) and 77
...
C3
Functions transferred and references to “Minister” and “Department of Finance” construed (4.07.2011 and 6.07.2011, appointed day) by
Ministers and Secretaries (Amendment) Act 2011
(10/2011), ss. 7, 9, 11 and sch. 2 part 1, commenced as per s. 1(2) and S.I. No.
401 of 2011.
Department of Public Expenditure and Reform
.
7
.— (1) There shall stand established on the appointed day a Department of State to be
known, in the Irish language, as an Roinn Caiteachais Phoiblí agus Athchóirithe or,
in the English language, as the Department of Public Expenditure and Reform.
(2) The member of the Government who is in charge of the Department of Public Expenditure
and Reform—
(a) shall be known, in the Irish language, as an tAire Caiteachais Phoiblí agus Athchóirithe
or, in the English language, as the Minister for Public Expenditure and Reform, and
(b) is, in this Act, referred to as the “Minister”.
...
Transfer of certain other functions to Minister
.
9
.— ...
(2) The functions conferred on the Minister for Finance by or under any of the provisions
specified in Part 1 of Schedule 2 are transferred to the Minister.
...
Transfer of administration and business of Department of Finance
.
11
.— (1) The administration and business in connection with the performance of the functions
transferred by sections 8 and 9 are hereby transferred to the Department of Public
Expenditure and Reform.
(2) References to the Department of Finance contained in any statute or instrument
under a statute in so far as they relate to the administration and business transferred
by subsection (1) shall, from the appointed day, be construed as references to the
Department of Public Expenditure and Reform.
...
SCHEDULE 2
Functions Transferred To Minister
...
PART 1
Functions performable with consent of Minister for Finance
STATUTES
Number and Year
Short Title
Provision
...
No. 8 of 2006
...
...
Sea-Fisheries and Maritime Jurisdiction Act 2006
...
...
Section 64
...
C4
Application of collectively cited
Aquaculture Acts
restricted (1.08.2008) by
European Communities (Health of Aquaculture Animals and Products) Regulations 2008
(S.I. No. 261 of 2008), reg. 43(2)(b), in effect as per reg. 1.
Revocations, amendment, etc.
43
.— ...
(2) If there is a conflict between — ...
(b)
between the Aquaculture Acts and these Regulations, these Regulations prevail.
...
C5
Act included in definition of “food legislation” for purposes of
Food Safety Authority of Ireland Act 1998
(29/1998) by
Food Safety Authority of Ireland Act 1998
(29/1998), s. 2 and sch. 1 part 1 as amended (19.12.2007) by
Food Safety Authority of Ireland Act 1998 (Amendment of First and Second Schedules)
Order 2007
(S.I. No. 839 of 2007), art. 2.
Interpretation.
2
.—(1) In this Act, except where the context otherwise requires— ...
“food legislation” means—
(a) the Acts (including any instruments made there under) specified in Part I,
(b) the statutory instruments specified in Part II,
(c) the Regulations of an institution of the European Communities specified in Part
III,
of the First Schedule in so far as they relate to food safety and hygiene,
...
FIRST SCHEDULE
Food Legislation
PART I
Acts
...
[Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006).]
...
C6
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, 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
Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006)
...
Fishery Harbour Centres Acts 1968 to 2006
...
Aquaculture Acts 1997 to 2006
...
Dumping at Sea Acts 1996 to 2006
C7
Functions transferred (1.01.2007, establishment day) by
European Communities (Hygiene of Fishery Products and Fish Feed) Regulations 2006
(S.I. No. 335 of 2006), reg. 18(1), commenced as per reg. 18(1) by S.I. No. 376 of
2006.
Transfer of Minister’s functions to Sea-Fisheries Protection Authority
.
18
.— (1) Subject to paragraph (3), the functions of the Minister under these Regulations
are transferred to the Sea-Fisheries Protection Authority on the establishment day
appointed under section 40 of the Sea-Fisheries and Maritime Jurisdiction Act 2006
(No. 8 of 2006).
...
C8
Application of collectively cited
Fisheries Acts
restricted (20.12.1999) by
Fisheries (Amendment) Act 1999
(35/1999), s. 31, S.I. No. 419 of 1999.
Exclusion of Carlingford Area from Dundalk Fishery District.
31.
—Notwithstanding anything in the Fisheries Acts, 1959 to 1998, the area comprising
the Dundalk Fishery District does not include any part of the Carlingford Area within
the meaning of paragraph 5 of Part 6 of Annex 2 to the Agreement between the Government
of Ireland and the Government of the United Kingdom of Great Britain and Northern
Ireland establishing Implementation Bodies done at Dublin on the 8th day of March,
1999, the text of which is set out in the Schedule to the British-Irish Agreement
Act, 1999 (No. 1 of 1999).
C9
Application of collectively cited
Fisheries Acts
restricted (30.06.1998) by
Fisheries (Amendment) Act 1997
(23/1997), s. 16, S.I. No. 203 of 1998.
Effect of licence.
16.
—(1) A licence is binding on the State and on all persons whomsoever, and, subject
to section 8 (3), shall operate to enable the licensee to carry on, in accordance
with the licence, such operations as are specified in the licence, free from all prior
or other rights, titles, estates or interests, if any.
(2) In addition to his or her entitlement under subsection (1), and notwithstanding
anything contained in the Fisheries Acts, 1959 to 1995, or any instrument under those
Acts, a licensee and any person acting under the directions of a licensee shall, by
virtue of, but subject to the conditions of, the licence and the requirements of any
regulations made under section 71 , have the exclusive right to do within the boundaries
or limits specified in the licence anything authorised by the licence or necessary
or expedient to conduct the operations specified in the licence.
C10
Application of collectively cited
Fisheries Acts
restricted (30.06.1998) by
Fisheries (Amendment) Act 1997
, s. 77(2), S.I. No. 203 of 1998, as amended (1.07.2010) by
Inland Fisheries Act 2010
(10/2010), s. 8 and sch. 2 part 11, commenced as per s. 5(2).
Recapture of escaped stock.
77
.—(1)
[
Inland Fisheries Ireland
]
may take such action as it considers necessary to recapture stock which has escaped
from a facility operated under a licence.
(2) The Minister, or an officer of the Minister designated by the Minister for the
purposes of this section, may, notwithstanding any other provision of this Act or
of the Fisheries Acts, 1959 to 1995, authorise a licensee or other person or body
to take such action as is specified in the authorisation to recapture stock which
has escaped from a facility operated under a licence.
...
Editorial Notes
E1
Previous affecting provision: application of Act 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).
Annotations
Modifications (not altering text)
C1
Application of Act and collectively cited
Aquaculture Acts 1997 to 2006
,
Dumping at Sea Acts 1996 to 2009
,
Maritime Safety Acts 1992 to 2006
and
Sea-Fisheries Acts 2003 to 2007
affected (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, 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
...
...
...
...
8
...
...
...
...
...
...
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
...
C2
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by
Finance (Transfer of Departmental Administration and Ministerial Functions) Order
2011
(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2),
subject to transitional provisions in arts. 6-8.
2. (1) The administration and business in connection with the performance of any functions
transferred by this Order are transferred to the Department of Public Expenditure
and Reform.
(2) References to the Department of Finance contained in any Act or instrument made
thereunder and relating to the administration and business transferred by paragraph
(1) shall, on and after the commencement of this Order, be construed as references
to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions
of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under
an Act and relating to any functions transferred by this Order shall, from the commencement
of this Order, be construed as references to the Minister for Public Expenditure and
Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
...
No. 8 of 2006
...
...
Sea-Fisheries and Maritime Jurisdiction Act 2006
...
...
Sections 31(2)(a), 43(2), 48(13), 56, 61, 62, 63, 65, 69, 76(h) and 77
...
C3
Functions transferred and references to “Minister” and “Department of Finance” construed (4.07.2011 and 6.07.2011, appointed day) by
Ministers and Secretaries (Amendment) Act 2011
(10/2011), ss. 7, 9, 11 and sch. 2 part 1, commenced as per s. 1(2) and S.I. No.
401 of 2011.
Department of Public Expenditure and Reform
.
7
.— (1) There shall stand established on the appointed day a Department of State to be
known, in the Irish language, as an Roinn Caiteachais Phoiblí agus Athchóirithe or,
in the English language, as the Department of Public Expenditure and Reform.
(2) The member of the Government who is in charge of the Department of Public Expenditure
and Reform—
(a) shall be known, in the Irish language, as an tAire Caiteachais Phoiblí agus Athchóirithe
or, in the English language, as the Minister for Public Expenditure and Reform, and
(b) is, in this Act, referred to as the “Minister”.
...
Transfer of certain other functions to Minister
.
9
.— ...
(2) The functions conferred on the Minister for Finance by or under any of the provisions
specified in Part 1 of Schedule 2 are transferred to the Minister.
...
Transfer of administration and business of Department of Finance
.
11
.— (1) The administration and business in connection with the performance of the functions
transferred by sections 8 and 9 are hereby transferred to the Department of Public
Expenditure and Reform.
(2) References to the Department of Finance contained in any statute or instrument
under a statute in so far as they relate to the administration and business transferred
by subsection (1) shall, from the appointed day, be construed as references to the
Department of Public Expenditure and Reform.
...
SCHEDULE 2
Functions Transferred To Minister
...
PART 1
Functions performable with consent of Minister for Finance
STATUTES
Number and Year
Short Title
Provision
...
No. 8 of 2006
...
...
Sea-Fisheries and Maritime Jurisdiction Act 2006
...
...
Section 64
...
C4
Application of collectively cited
Aquaculture Acts
restricted (1.08.2008) by
European Communities (Health of Aquaculture Animals and Products) Regulations 2008
(S.I. No. 261 of 2008), reg. 43(2)(b), in effect as per reg. 1.
Revocations, amendment, etc.
43
.— ...
(2) If there is a conflict between — ...
(b)
between the Aquaculture Acts and these Regulations, these Regulations prevail.
...
C5
Act included in definition of “food legislation” for purposes of
Food Safety Authority of Ireland Act 1998
(29/1998) by
Food Safety Authority of Ireland Act 1998
(29/1998), s. 2 and sch. 1 part 1 as amended (19.12.2007) by
Food Safety Authority of Ireland Act 1998 (Amendment of First and Second Schedules)
Order 2007
(S.I. No. 839 of 2007), art. 2.
Interpretation.
2
.—(1) In this Act, except where the context otherwise requires— ...
“food legislation” means—
(a) the Acts (including any instruments made there under) specified in Part I,
(b) the statutory instruments specified in Part II,
(c) the Regulations of an institution of the European Communities specified in Part
III,
of the First Schedule in so far as they relate to food safety and hygiene,
...
FIRST SCHEDULE
Food Legislation
PART I
Acts
...
[Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006).]
...
C6
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, 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
Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006)
...
Fishery Harbour Centres Acts 1968 to 2006
...
Aquaculture Acts 1997 to 2006
...
Dumping at Sea Acts 1996 to 2006
C7
Functions transferred (1.01.2007, establishment day) by
European Communities (Hygiene of Fishery Products and Fish Feed) Regulations 2006
(S.I. No. 335 of 2006), reg. 18(1), commenced as per reg. 18(1) by S.I. No. 376 of
2006.
Transfer of Minister’s functions to Sea-Fisheries Protection Authority
.
18
.— (1) Subject to paragraph (3), the functions of the Minister under these Regulations
are transferred to the Sea-Fisheries Protection Authority on the establishment day
appointed under section 40 of the Sea-Fisheries and Maritime Jurisdiction Act 2006
(No. 8 of 2006).
...
C8
Application of collectively cited
Fisheries Acts
restricted (20.12.1999) by
Fisheries (Amendment) Act 1999
(35/1999), s. 31, S.I. No. 419 of 1999.
Exclusion of Carlingford Area from Dundalk Fishery District.
31.
—Notwithstanding anything in the Fisheries Acts, 1959 to 1998, the area comprising
the Dundalk Fishery District does not include any part of the Carlingford Area within
the meaning of paragraph 5 of Part 6 of Annex 2 to the Agreement between the Government
of Ireland and the Government of the United Kingdom of Great Britain and Northern
Ireland establishing Implementation Bodies done at Dublin on the 8th day of March,
1999, the text of which is set out in the Schedule to the British-Irish Agreement
Act, 1999 (No. 1 of 1999).
C9
Application of collectively cited
Fisheries Acts
restricted (30.06.1998) by
Fisheries (Amendment) Act 1997
(23/1997), s. 16, S.I. No. 203 of 1998.
Effect of licence.
16.
—(1) A licence is binding on the State and on all persons whomsoever, and, subject
to section 8 (3), shall operate to enable the licensee to carry on, in accordance
with the licence, such operations as are specified in the licence, free from all prior
or other rights, titles, estates or interests, if any.
(2) In addition to his or her entitlement under subsection (1), and notwithstanding
anything contained in the Fisheries Acts, 1959 to 1995, or any instrument under those
Acts, a licensee and any person acting under the directions of a licensee shall, by
virtue of, but subject to the conditions of, the licence and the requirements of any
regulations made under section 71 , have the exclusive right to do within the boundaries
or limits specified in the licence anything authorised by the licence or necessary
or expedient to conduct the operations specified in the licence.
C10
Application of collectively cited
Fisheries Acts
restricted (30.06.1998) by
Fisheries (Amendment) Act 1997
, s. 77(2), S.I. No. 203 of 1998, as amended (1.07.2010) by
Inland Fisheries Act 2010
(10/2010), s. 8 and sch. 2 part 11, commenced as per s. 5(2).
Recapture of escaped stock.
77
.—(1)
[
Inland Fisheries Ireland
]
may take such action as it considers necessary to recapture stock which has escaped
from a facility operated under a licence.
(2) The Minister, or an officer of the Minister designated by the Minister for the
purposes of this section, may, notwithstanding any other provision of this Act or
of the Fisheries Acts, 1959 to 1995, authorise a licensee or other person or body
to take such action as is specified in the authorisation to recapture stock which
has escaped from a facility operated under a licence.
...
Editorial Notes
E1
Previous affecting provision: application of Act 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).
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title, collective citation and construction.
2. Definitions.
3. Regulations.
4. Repeals and Revocations.
5. Expenses.
PART 2
Sea-Fisheries
Chapter 1
Preliminary
6. Definitions (
Part 2
).
7. Moville and Louth areas.
Chapter 2
Regulation of Sea-Fishing
8. Restriction on foreign sea-fishing boats entering exclusive fishery limits.
9. Provisions in relation to foreign sea-fishing boats lawfully entering exclusive
fishery limits.
10. Unauthorised fishing while on board foreign sea-fishing boat within exclusive
fishery limits.
11. Contravention of EC Regulation (common fisheries policy).
12. Management of State’s fishing quota — notices.
13. Management and Regulation of State’s fishing opportunities and fishing effort — authorisations.
14. Regulations to give effect to common fisheries policy.
15. National regulatory measures to supplement common fisheries policy.
Chapter 2A
Regulation of Irish fishing masters
15A.
Interpretation and application (
Chapter 2A
of
Part 2
).
15B. Irish Fishing
Master Register
15C. Certificate
of master registration.
15D. Data
entered in Irish Fishing Master Register.
15E. Regulations
relating to maintenance and administration of Irish Fishing Master Register.
15F. Taking
charge of certain sea-fishing boats when not registered in the Irish Fishing Master
Register
15G.
Determination Panel.
15H.
Notification of an alleged serious infringement.
15I. Assignment
of points by Authority.
15J. Matters
relating to points assigned.
15K. Suspension
of Irish fishing master from Irish Fishing Master Register.
15L. Removal of
master from Irish Fishing Master Register for accumulation of points or
suspensions.
15M. Appeals
Officer.
15N. Appeal to
the Appeals Officer .
15O.
Notification of assignment of points.
15P. Service of
notifications to masters.
15Q. Matters
relating to oral hearings .
15R. Offence of
employing person who is suspended or removed from Irish Fishing Master
Register.
15S.
Consideration by Determination Panel and Appeals Officer of submissions.
15T. Extension
of time limits.
15U. Points to
be assigned for serious infringement specified in Article 90(1)(c) of Control
Regulation.
Chapter 3
Sea-Fisheries Protection Officers — Detention of boats — Related offences
16. Sea-fisheries protection officers.
17. Powers of sea-fisheries protection officer related to the inspection, examination
and detention of sea-fish, etc.
17A. Search warrants.
18. Powers of sea-fisheries protection officer relating to fishing boats.
19. Detention of boats and persons on board when offences suspected.
20. Detention of boats and persons charged or to be charged pending prosecution.
21. Detention of boats pending determination of any proceeding (including appeals)
under relevant provision.
22. Recovery of fine for offence under relevant provision and possession by sea-fisheries
protection officer of articles forfeited.
23. Trial in District Court of person charged with offence on boat detained by sea-fisheries
protection officer.
24. Offence — obstruction, etc., of sea-fisheries protection officer.
25. Offence — assaulting sea-fisheries protection officer.
26. Immunity of sea-fisheries protection officer.
26A. Data Transfer.
Chapter 4
Matters relating to indictable fishery offences, proceedings, forfeiture
27. Option for accused persons as regards proceedings in relation to indictable offences
under
Sea-Fisheries Acts 2003
and
2006
.
28. Penalties and forfeiture for certain indictable fishery offences.
29. Non-obligation of Court to pronounce or record forfeiture where forfeiture falls
as a statutory consequence of conviction.
30. Disposal of forfeitures.
31. Forfeiture of proceeds from disposal of illegally-caught fish.
32. Prosecutor may appeal dismissal of proceedings in District Court.
33. Proof that boat is foreign sea-fishing boat.
34. Offence by body corporate, etc.
35. Service of trial documents — persons resident outside State.
36. Defence.
37. Presumption.
38. Prosecution of summary offences —
Sea-Fisheries Acts 2003
and
2006
.
39. Prosecution of sea-fisheries offences by DPP and saver.
Chapter 5
Sea-Fisheries Protection Authority
40. Establishment day.
41. Establishment of Sea-Fisheries Protection Authority.
42. Independence of Authority.
43. Functions of Authority.
44. Transfer of functions.
45. Transfer of assets and liabilities of staff, etc., transferred.
46. Policy directions by Minister to Authority.
47. Members of Authority.
48. Consultative Committee.
49. Complaints procedures.
50. Staff of Authority.
51. Sea-fisheries protection officers.
52. Transfer of staff from Minister to Authority.
53. Consultants and advisers.
54. Indemnity.
55. Membership of House of Oireachtas, European Parliament and local authorities.
56. Code of Conduct.
57. Disclosure of interests.
58. Disclosure of confidential information.
59. Superannuation of members of Authority.
60. Superannuation of staff of Authority.
61. Resources made available by Minister to Authority.
62. Grants to Authority.
63. Fees.
64. Borrowings.
65. Accounts and annual report of Authority.
66. Strategy Statement of Authority.
67. Publication of reports of Authority.
68. Accountability of Authority to Committees of Oireachtas.
69. Premises of Authority.
70. Seal of Authority.
71. Authority to keep itself informed on certain matters.
72. Provision of services by Authority.
73. Definitions (
Chapter 5
).
Chapter 6
Registration of sea-fishing boats and miscellaneous offences involving sea-fishing
boats
74. Register of Fishing Boats.
75. Registration, lettering and numbering of sea-fishing boats.
76. Regulations.
77. Fees.
78. Continuance of Regulations of 2005.
79. Miscellaneous offences involving sea-fishing boats.
80. Definitions (
Chapter 6
).
PART 3
(Repealed)
Maritime Jurisdiction (Including Exclusive Economic Zone and Exclusive Fishery Limits)
of the State
81. Definitions
(
Part 3
).
(Repealed)
82. Territorial
seas.
(Repealed)
83. Outer limit
of territorial seas.
(Repealed)
84.
Contiguous zone.
(Repealed)
85.
Baseline.
(Repealed)
86. Internal
waters.
(Repealed)
87. Exclusive
economic zone of State.
(Repealed)
88. Exclusive
fishery limits of State.
(Repealed)
89. Jurisdiction
in case of offence.
(Repealed)
90. Prosecution
of non-national for offence on foreign ship.
(Repealed)
91. Saving as to
jurisdiction.
(Repealed)
92. Evidence as
to extent of internal waters, territorial seas, exclusive economic zone and exclusive
fishery limits.
(Repealed)
93. Adaptation
of enactments.
(Repealed)
94. Laying of
orders before Houses of Oireachtas.
(Repealed)
PART 4
Amendments to Fisheries Acts 1959 to 2003, Mercantile Marine Act 1955, Fishery Harbour
Centres Act 1968, Dumping at Sea Act 1996 and Maritime Safety Act 2005
Chapter 1
Trial of Offences
95. Provisions in relation to cases in District Court.
96. Prosecution of summary offences —
Fisheries Acts 1959 to 2006
.
Chapter 2
Licensing of sea-fishing boats and miscellaneous amendments to Act of 2003
97. Sea-fishing boat licences.
98. Tax clearance certification requirement for applicants for sea-fishing boat licences.
99. Miscellaneous amendments to Act of 2003.
Chapter 3
Mercantile Marine
100. Amendment of Act of 1955.
Chapter 4
Aquaculture
101. Miscellaneous amendments to Fisheries (Amendment) Act 1997 — aquaculture.
Chapter 5
Fishery Harbour Centres
102. Amendment of section 4 of Fishery Harbour Centres Act 1968.
Chapter 6
Dumping at Sea
103. Amendment of Dumping at Sea Act 1996.
Chapter 7
Maritime Safety
104. Amendment of Maritime Safety Act 2005.
SCHEDULE 1
Enactments Repealed
SCHEDULE 2
United Nations Convention on the Law of the Sea 1982
Part V — Exclusive Economic Zone