AN BILLE IASCAIGH MHARA AGUS DLNSE MUIR (FGRA PIONIS SHOCRAITHE), 2013 SEA FISHERIES AND MARITIME JURISDICTION

(FIXED PENALTY NOTICE) BILL 2013 Mar a tionscnaodh As initiated ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Amendment of section 28 of Principal Act penalties and forfeiture for certain indictable fishery offences. 3. Fixed penalty notice provision and appeals mechanism. 4. Regulations. 5. Short title and collective citation.

[No. 46 of 2013]

Act Referred to Sea-Fisheries and Maritime Jurisdiction Act 2006 2006, No. 8

 AN BILLE IASCAIGH MHARA AGUS DLNSE MUIR (FGRA PIONIS SHOCRAITHE), 2013 SEA FISHERIES AND MARITIME JURISDICTION (FIXED PENALTY NOTICE) BILL 2013

BILL
entitled

AN ACT TO AMEND THE SEA-FISHERIES AND MARITIME JURISDICTION ACT 2006; TO PROVIDE FOR THE ISSUING OF FIXED PENALTY NOTICES IN RESPECT OF 10 CERTAIN SEA FISHERIES OFFENCES; AND RELATED MATTERS. BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: 1.In this Act Authority means the Sea Fisheries Protection Authority; 15 Principal Act means the Sea-Fisheries and Maritime Jurisdiction Act 2006. 2.Section 28 of the Principal Act is amended by substituting the following subsections for subsections (5) and (6): 20 (5) Where a person is convicted on indictment of an offence specified in a Table, in addition to any fine the court may impose under this section (a) in the case of a conviction under section 8 or 9, it may order the forfeiture of all or any fish to which the offence relates, or 25 (b) in the case of a conviction under any other provision mentioned in a Table, any fish found on the boat to which the offence relates, shall be forfeited as a statutory consequence of the conviction. (6) Where a person is convicted summarily of an offence specified in a Table in addition to any fine the court may impose under this section (a) in the case of a conviction under sections 8 or 9, or a first conviction under any other provision mentioned in a Table, it may order the forfeiture of all or any 3
Amendment of section 28 of Principal Act penalties and forfeiture for certain indictable fishery offences. Definitions.

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fish unlawfully caught, found on the boat to which the offence relates, or (b) in the case of a second or subsequent conviction under any provision (other than sections 8 or 9) mentioned in a Table, all or any fish unlawfully caught, found on the boat to which the offence relates, shall be forfeited as a statutory consequence of the conviction.

Where the Court decides under paragraph (a) not to order the forfeiture of all or any of the said fish, it shall give reasons for 10 not doing so..
Fixed penalty notice provision and appeals mechanism.

3.The Principal Act is amended by inserting the following sections after section 28 28A.(1) The Minister may prescribe that this section applies to an offence identified in a Table, in this section 15 referred to as a relevant offence. (2) Where a sea-fisheries protection officer has reasonable grounds for believing that a person is committing or has committed a relevant offence, he or she may serve on the person, either personally or by registered post, a notice in the prescribed form 20 or in a form to like effect and such notice shall state (a) that the person is alleged to have committed the offence, (b) that the person may, during the period of 28 days from the date of the notice, make to the Authority 25 as specified in the notice, a payment of an amount (i) not in excess of 400 for a first offence, or (ii) not in excess of 800 for a second offence, which payment is to be accompanied by the notice, and 30 (c) that a prosecution in respect of the alleged offence will not be instituted, if payment of the amount as specified in the notice is made within 28 days from the date of the notice. (3) Third and subsequent offences shall be dealt with by way 35 of prosecution as set out in sections 38 and 39 of the Principal Act. (4) Notwithstanding that contained in section 28B, where notice is given under subsection (2) (a) a person upon whom the notice is served may, within 40 28 days from the date of the notice, make to the Authority as specified in the notice, the payment specified in the notice accompanied by the notice, (b) the Authority specified may receive the payment, issue a receipt for it, retain the money so paid, and 45 any payment so received shall not be recoverable in any circumstances by the person who made it, 4

(c) a prosecution in respect of the alleged offence shall not be instituted within 28 days of the date of the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted. (5) In a prosecution for an offence under section 28 the onus of proving that a payment pursuant to a notice under this section has been made lies with the defendant.

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(6) (a) The Minister may prescribe another amount, or different amounts in respect of different contraventions or different classes of vessels, in lieu of the amounts specified in subsection (2)(b). (b) The maximum penalty for any one penalty notice issued subject to this section shall be

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(i) 400 for a first offence, and (ii) 800 for a second offence. (c) Nothing in this Act should be construed as preventing more than one penalty notice being issued for multiple fisheries offences arising from the same incident, where a sea-fisheries protection officer has reasonable grounds for believing that a person is committing or has committed multiple offences. (7) A person who has been served with a fixed penalty notice under subsection (5) may appeal the imposition of the fixed penalty notice by writing to the Minister within 21 days of the date of said notice, setting out the reasons why he or she is seeking to appeal said penalty. 28B.(1) A person served with a fixed penalty notice may, within 21 days from the date of the notice, appeal the imposition of the fixed penalty notice, by writing to the Minister, setting out the reasons for the appeal and such appeal shall be adjudicated on by a committee appointed by the Minister under subsection (2). (2) For the purposes of adjudication of an appeal under this section, the Minister shall appoint an appeals committee, the membership of which shall not exceed 5 persons, shall include in its membership the Chairman of the Sea Fisheries Protection Authority and such other persons as the Minister considers appropriate. (3) Where a committee is appointed under subsection (2) the Minister shall appoint one of its numbers to be the chairperson of that committee. (4) In adjudicating an appeal under this section an appeals committee shall act in accordance with such procedures as may be determined from time to time by the Minister following consultation by the Minister with any of the following organisations (a) Inland Fisheries Ireland; (b) The Marine Institute; 5

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(c) Sea Fisheries Protection Authority; (d) Bord Iascaigh Mhara; (e) Killybegs Fishermens Organisation; (f) Irish South and West Fishermens Organisation; (g) Inshore Fishermens Organisation. 5

(5) Each and every appeal shall be dealt with within a period of 28 days from the date of the receipt of the appeal by the Minister, except where, on the application in writing of the appeals committee stating the reasons for a delay in determining the appeal, the Minister consents in writing to extend the period 10 by not more than 14 days. (6) On the determination of an appeal made under this section, the appeals committee shall send a report of such determination and the reason for that determination to the Minister. (7) Where an appeals committee finds in favour of an appell- 15 ant the Committee shall make a recommendation to the Minister as to the action to be taken in relation to the fixed penalty notice in question. (8) The Minister may accept or reject a recommendation as referred to in subsection (7) if he or she deems it to be the 20 appropriate decision and while the Ministers decision is final, he or she may, during his or her deliberations on the matter, consult with any of the following organisations (a) Inland Fisheries Ireland; (b) The Marine Institute; (c) Sea Fisheries Protection Authority; (d) Bord Iascaigh Mhara; (e) Killybegs Fishermens Organisation; (f) Irish South and West Fishermens Organisation; (g) Inshore Fishermens Organisation. 4.(1) The Minister may make regulations for the general purpose of this Act and may, by regulation, provide for any matter referred to in this Act as prescribed or to be prescribed. (2) Every regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a 35 resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under the regulation. 40 (3) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations. 30 25

Regulations.

5.(1) This Act may be cited as the Sea Fisheries and Maritime Jurisdiction (Fixed Penalty Notice) Act 2013. (2) This Act and the Sea-Fisheries and Maritime Jurisdiction Act 2006 may be cited together as the Sea Fisheries and Maritime Jurisdiction Acts 2006 and 2013.

Short title and collective citation.