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Independent Determination Panel Notifies SFPA of First Serious Infringement Determination against Master of Sea-Fishing Boat under the Sea-Fisheries and Maritime Jurisdiction Act, 2006


Independent Determination Panel Notifies SFPA of First Serious Infringement Determination against Master of Sea-Fishing Boat under the Sea-Fisheries and Maritime Jurisdiction Act, 2006

The Independent Determination Panel established under the European Union (Common Fisheries Policy) (Point System) Regulations 2020 (S.I. No 318 of 2020) has notified the Sea-Fisheries Protection Authority (SFPA) of its first determination of a serious infringement involving a registered master of a sea-fishing boat, under the Sea-Fisheries and Maritime Jurisdiction Act 2006.

 The SFPA have stated:

“The SFPA confirm receipt of a notification on January 6th 2023 from the Independent Determination Panel, established under the European Union (Common Fisheries Policy) ( Point System) Regulations 2020 (S.I. No 318 of 2020), of its decision that a serious infringement of the rules of the Common Fisheries Policy (“CFP”), namely non-compliance with the obligation to report and record catch or catch-related data, which occurred on the 3rd of August, 2022, involving an Irish fishing vessel. As a result, the fishing vessel Licence Holder, and the master at that time, are liable to being assigned points under the national points systems for serious infringements of the CFP. The parties may appeal the decisions. The case was the first in which the master of a vessel is the respondent to proceedings to determine if a serious infringement of the CFP occurred. The Determination Panel’s decision is the first for which a fishing vessel master is liable to points being applied to their registration on the Irish Fishing Masters Register, following the commencement of points system for fishing vessel masters in July, 2022, in addition to the liability of the licence holder.

 Commenting on the determination, Paschal Hayes, Executive Chairperson, SFPA, stated:

 “The receipt of notification from the Independent Determination Panel is significant in that it is the first of its kind made involving a Master of a vessel under the new legislation enacted last year.  The implementation of the EU Points system for Masters of fishing vessels provides an efficient and effective mechanism to enforce EU Sea-Fisheries law and should help deter contraventions and promote greater compliance.  I commend the staff of the SFPA involved for their diligence and hard work on this case.”

 

ENDS