Fisheries Act, 1980
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Proof that boat is foreign sea-fishing boat. |
48.—(1) Where in any proceedings for an offence under Chapter II of Part XIII of the Principal Act there is evidence from which it appears to the court that the sea-fishing boat to which the alleged offence relates, or on board which such offence is alleged to have been committed, is either of a foreign character or of foreign origin or that at or about the time of the alleged offence such boat— | |
(a) wore no flag or wore a flag other than the national flag, or | ||
(b) had marked on her stern the name of any place other than a port mentioned in the Second Schedule to the Mercantile Marine Act, 1955 , or | ||
(c) had on board any books, papers or other documents from which it so appears that the boat was not an Irish ship, | ||
then, until the contrary is shown, such evidence shall be sufficient to prove that such boat is a foreign sea-fishing boat. | ||
(2) Where in proceedings for an offence under Chapter II of Part XIII of the Principal Act it is proved that the sea-fishing boat to which the alleged offence relates, or on board which such offence is alleged to have been committed, wore at or about the time of the alleged offence a flag other than the national flag, the presumption raised by subsection (1) of this section, insofar as it depends on that proof, may be rebutted by the defendant proving that the flag so worn was not a flag distinctive of nationality. | ||
(3) The provisions of this section are in addition to, and not in substitution for, those of section 19 (3) of the Act of 1962 (as amended by section 73 of this Act). |