Chapter 6

Registration of sea-fishing boats and miscellaneous offences involving sea-fishing boats

Register of Fishing Boats.

74 .— (1) The Register of Fishing Boats continues in existence as the Register of Fishing Boats (“Register”) for the purposes of this section and shall continue to be maintained by the Registrar General of Fishing Boats in such form as he or she considers appropriate (including in an electronic or other non-documentary form) and shall be revised or amended as he or she considers necessary from time to time.

(2) There continues to be a registrar of fishing boats known as the Registrar General of Fishing Boats (“Registrar General”).

(3) The Registrar General shall be appointed by the Minister who may remove him or her from office for stated reasons.

(4) The Minister may appoint, and terminate for stated reasons the appointment of, a Deputy Registrar General of Fishing Boats (“Deputy Registrar General”) to act for or perform the functions of the Registrar General during any absence from duty or inability to act of the Registrar General or as the Registrar General may from time to time direct. References in this Chapter to the Registrar General shall be read as including references to the Deputy Registrar General.

(5) The persons who immediately before the passing of this Act hold the position of Registrar General and Deputy Registrar General shall be the first Registrar General and Deputy Registrar General under this section.

(6) There continue to be local registrars of sea-fishing boats for such ports as provided for in the Regulations of 2005 unless otherwise provided for in regulations under section 76 .

Registration, lettering and numbering of sea-fishing boats.

75 .— (1) Subject to subsections (2) and (3), every Irish sea-fishing boat shall be entered in the Register and shall be lettered and numbered in accordance with regulations under section 76 and with any Community law, or other international obligations which are binding on the State, for the time being in force.

(2) In the interests of the proper management of the capacity of Irish sea-fishing boats, in accordance with—

(a) the requirements of the Community law, or other international obligations which are binding on the State, or

(b) any regulations under section 76 ,

the Registrar General may enter a sea-fishing boat in the Register or remove it from the Register.

(3) (a) A sea-fishing boat shall not be entered in the Register unless at the time of the entry there is in relation to the boat a sea-fishing boat licence and which is for the time being in force or, if it is not so in force, is to come into force on the boat’s being so registered.

(b) A ship which is a sea-fishing boat shall not be registered under the Act of 1955 unless, at the time of registration, there is in relation to the ship a sea-fishing boat licence and which is for the time being in force or, if it is not so in force, is to come into force on the ship’s being so registered.

(4) (a) A certificate of registration shall be issued in respect of a boat entered in the Register.

(b) The certificate of registration shall be carried on board the boat in respect of which it is issued.

(c) A certificate of registration issued in respect of a particular boat, or a certificate signed by the Registrar General that a boat specified in the certificate is not entered in the Register, is sufficient evidence that the boat is or is not registered, as the case may be.

(5) (a) In any proceedings against the owner or skipper of or any person belonging to any boat entered in the Register, or for the recovery of damages for injury or loss caused by such boat, the Register shall be evidence (unless the contrary is shown) that the person entered in the Register at any date as the owner or owners of the boat was or were the owner or owners of the boat at that date and that the boat is an Irish sea-fishing boat.

(b) Paragraph (a) does not—

(i) prevent any proceedings being instituted against any person not so entered who is beneficially interested in the boat,

(ii) affect the rights of the owners among themselves, or affect the rights of any owner entered in the Register against any person not so entered who is beneficially interested in the boat, or

(iii) otherwise confer, take away or affect any title to or interest in any boat.

(6) If an Irish sea-fishing boat is used for sea-fishing and—

(a) is not entered in the Register, but is required to be so entered,

(b) is entered in the Register, but there is not on board the boat the certificate of registration issued in respect of that boat (or a copy of that certificate), or

(c) is not lettered and numbered in accordance with regulations under section 76 and Community law, or other international obligations which are binding on the State, applicable to the lettering and numbering of that boat,

the master and the owner of the boat each commits an offence and is liable on summary conviction to a fine not exceeding €5,000.

(7) If a sea-fishing boat required to be entered in the Register is not so entered, it shall not be entitled to any of the privileges or advantages of an Irish sea-fishing boat, but all obligations, liabilities and penalties with reference to that boat and the punishment of offences committed on board the boat, or by any persons belonging to it, and the jurisdiction of sea-fisheries protection officers or other officers and courts shall be the same as if the boat were entered in the Register.

(8) For so long as a ship which but for subsection (3) would be required to be registered under the Act of 1955 is not so registered, section 18(3) of that Act applies to that ship as if it were required by section 18(1) of that Act to be so registered.

Regulations.

76 .— The Minister may make regulations for the registration, lettering and numbering of sea-fishing boats so as to—

(a) provide for a system of registry, lettering and numbering of sea-fishing boats and the making of details of registration available to the public,

(b) define the boats or classes of boats to which the regulations or any of them are to apply and the exemption of any boats or classes of boats from the regulations or any of them,

(c) provide further for the appointment, functions and removal of local registrars,

(d) specify procedures for application for registration and for entry of a sea-fishing boat in the Register,

(e) specify procedures and methods for determining the dimensions and tonnage of sea-fishing boats,

(f) specify procedures for the removal of a sea-fishing boat from the Register,

(g) make such provision as is necessary to ensure compliance with an obligation relating to the registration of sea-fishing boats, the marking and numbering of sea-fishing boats, the measurement of sea-fishing boats and the determination of the tonnage and engine power of sea-fishing boats imposed by or under Community law or other international obligations which are binding on the State,

(h) require (with the consent of the Minister for Finance) the payment of such fee before an application for registration or removal of a sea-fishing boat from the Register can be considered, or

(i) provide for any other necessary matters relating to the registration of sea-fishing boats and the removal of sea-fishing boats from the Register.

Fees.

77 .— (1) Every fee received by the Department under section 76 shall be disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs.

(2) The Public Offices Fees Act 1879 does not apply to a fee required under section 76 .

Continuance of Regulations of 2005.

78 .— The Regulations of 2005, if in operation on the passing of this Act, continue in force as if made under section 76 .

Miscellaneous offences involving sea-fishing boats.

79 .— (1) If a foreign sea-fishing boat is found within the exclusive fishery limits without having on board official papers evidencing the nationality of the boat, the master of the boat commits an offence.

(2) If any sea-fishing boat within the exclusive fishery limits fails to observe the provisions, relating to lights to be carried and exhibited, of the regulations for the prevention of collisions at sea made under section 418 of the Act of 1894, and applicable to the boat, the master and the owner of the boat each commits an offence.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding €5,000.

Definitions (Chapter 6).

80 .— In this Chapter—

“certificate of registration” means a certificate signed by the Registrar General stating that the Irish sea-fishing boat to which it relates is entered in the Register;

“ Regulations of 2005 ” means Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) Regulations 2005 (S.I. No. 261 of 2005);

“ sea-fishing boat licence ” means a licence granted under section 4 (inserted by section 97 ) of the Act of 2003.