Written answers
Tuesday, 13 November 2012
Department of Agriculture, Food and the Marine
Fisheries Protection
Dara Calleary (Mayo, Fianna Fail)
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To ask the Minister for Agriculture, Food and the Marine if he will provide a list of all of the categories in order of severity of fisheries offences listed under the Sea Fisheries and Maritime Jurisdiction Act 2006; and if he will outline the sanctions being imposed for such offences. [49767/12]
Simon Coveney (Cork South Central, Fine Gael)
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Section 28 of the Sea Fisheries and Maritime Jurisdiction Act, 2006 and Section 44 of the Criminal Justice Act, 2007 set down the penalties and forfeiture for certain fishery offences.
An offence may be tried summarily in the District Court if the Judge is of the opinion that the charges are of a minor nature and the Director of Public Prosecution consents and the defendant does not object. A fine following a conviction in the District Court will not exceed €5,000 and forfeiture as specified in Section 28 (6). Maximum fines on conviction on indictment are set in Tables 1 and 2 of Section 28 of the Sea Fisheries and Maritime Jurisdiction Act, 2006 including forfeiture as set out in Section 28(5) and in Section 44(b) of the Criminal Justice Act, 2007. In terms of severity, subject to the maximum fines set out in the Act, the level of fines are determined by the Courts. In relation to the fines set by the Courts, I have sent the request to the Sea Fisheries Protection Authority which is the responsible authority for the operation of sea fisheries control, for direct reply.
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