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7 1952

SEA FISHERIES ACT, 1952

PART II.

Regulation of Sea-Fishing.

Regulations.

8. —(1) The Minister may make such regulations for the landing and sale of sea-fish and for the storage, handling, transport, processing and treating of sea-fish as appear to him to be necessary or desirable.

(2) Before making regulations the Minister shall consult the Board and, unless in his opinion it is impracticable to do so, the Association or its Committee.

Licensing of vessels for sea-fishing.

9. —(1) No vessel exceeding thirty-five feet over all in length shall be used for sea-fishing except under and in accordance with a licence under this section.

(2) (a) A licence for a vessel may be granted by the Minister on application made by or on behalf of the owner, charterer or hirer of the vessel.

(b) The application shall be in the prescribed form and contain such particulars as the Minister may require.

(3) (a) A licence shall not be granted unless the vessel is registered in the State under the Merchant Shipping Acts, 1894 to 1947, and is owned by an Irish citizen or a company incorporated under the Companies Acts, 1908 to 1924, the whole of the share capital of which is held by Irish citizens.

(b) This prohibition shall not apply in relation to the Board or to a vessel which on the 1st day of February, 1952, is registered in the State under the Merchant Shipping Acts, 1894 to 1947, so long as it continues to be so registered.

(4) A licence may be granted without limit as to time or for a specified period.

(5) A licence may be granted subject to such conditions as the Minister thinks fit, including restrictions on sea-fishing either generally or in regard to methods of sea-fishing in particular places and as to disposal of the catches and the Minister may from time to time vary any condition or impose new conditions.

(6) Where—

(a) a vessel is licensed under this Act, and

(b) any person being owner, charterer or hirer of the vessel, or if such person is a body corporate, any member thereof or the master of the vessel is directly engaged in either the wholesale or retail sale of fresh fish,

the catches of the vessel shall be delivered for sale to the Board or disposed of according to the directions of the Board.

(7) A licence for a vessel shall be valid only if and so long as no person, other than a person named in the licence or his legal personal representative, is the owner, charterer or hirer of the vessel.

(8) A licence shall be carried on board the vessel to which it relates and the owner, charterer, hirer or master shall, on demand, produce the licence for inspection by any sea fisheries protection officer under the Sea Fisheries Protection Act, 1933, as amended by section 34 of the Fisheries (Statute Law Revision) Act, 1949.

Restrictions on grant of licence.

10. —Subject to section 9 the Minister shall grant a licence to an applicant unless—

(a) a former licence granted to him has been revoked, or

(b) the applicant or any other person who, if the licence were granted, would be concerned in the management of the vessel, whether as owner, charterer, hirer or master, was concerned in the management of a vessel in any such capacity at a time when an offence was committed by reason of which a licence for that vessel was revoked.

Revocation of licence.

11. —(1) Where a person is convicted for contravention of a condition of a licence the Minister may, within three months after such conviction, revoke the licence if there has been a previous conviction for contravention of a condition of the licence.

(2) Where the Minister proposes to consider the revocation of a licence he shall send by registered post to the holder thereof notice of his intention and of the fact that representations may be made by that holder within such period as shall be specified in the notice and the Minister shall consider any representations so made.

Surrender of revoked and out-of-date licences.

12. —The holder of a licence which has expired or is revoked shall, within fourteen days after the date of expiration or revocation, surrender the licence document to the Minister.

Offences.

13. —(1) Any person who contravenes (whether by act or omission) any provisions of this Part or of any regulations under section 8 and the owner, charterer, hirer and master of the vessel concerned shall each be guilty of an offence against this Act and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(2) Where a person is convicted of an offence against this Act the court by whom he is convicted may order him to pay the costs of the prosecution.

(3) A prosecution for an offence against this Act may be heard and determined by any justice of the District Court.