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Statutes of Northern Ireland |
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You are here: BAILII >> Databases >> Statutes of Northern Ireland >> Fisheries Act (Northern Ireland) 2016 No. 27 URL: http://www.bailii.org/nie/legis/num_act/2016/nia_201627_en_1.html |
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An Act to make provision about fisheries.
[12th May 2016]
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
1.-(1) Section 30 of the Fisheries Act 1981 (enforcement of Community rules) is amended as follows.
(2) In subsection (1)-
(a)for "enforceable Community restrictions" substitute "enforceable EU restrictions, and enforceable EU obligations,";
(b)for paragraph (a) substitute-
"(a)if any fishing boat within the Northern Ireland zone-
(i)fishes in contravention of any such restriction, or
(ii)fails to comply with any such obligation,
the master, the owner and the charterer (if any) are each guilty of an offence;";
(c)after paragraph (a) insert-
"(aa)if any Northern Ireland fishing boat outside the Northern Ireland zone-
(i)fishes in contravention of any such restriction, or
(ii)fails to comply with any such obligation,
the master, the owner and the charterer (if any) are each guilty of an offence;
(ab)if any person in Northern Ireland-
(i)fishes in contravention of any such restriction, or
(ii)fails to comply with any such obligation,
that person is guilty of an offence;";
(d)in paragraph (b), for "such offences" substitute "offences under paragraph (a), (aa) or (ab) of this subsection";
(e)in paragraph (c), after "restrictions" insert "and obligations".
(3) In subsection (2), for "enforceable Community restriction" substitute "enforceable EU restriction".
(4) After subsection (2) insert-
"(2ZA) The provision that may be made by an order under subsection (2) includes-
(a)provision applying to Northern Ireland fishing boats outside the Northern Ireland zone;
(b)provision applying to persons of a specified description on board a Northern Ireland fishing boat outside the Northern Ireland zone.
In this subsection "specified" means specified in the order.".
(5) In subsection (3)-
(a)for "Community", wherever it occurs, substitute "EU";
(b)insert at the appropriate places the following definitions-
""Northern Ireland fishing boat" means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging;";
""Northern Ireland zone" has the same meaning as in the Northern Ireland Act 1998 (see section 98(1) and (8) of that Act);".
(6) In the heading, for "Community" substitute "EU".
2. This Act may be cited as the Fisheries Act (Northern Ireland) 2016.
