On this Bill I want to deal, in the first place, with exclusive fishery rights. It is accepted internationally that exclusive fisheries extend to a limit of three miles from the coast all round and also within a point not measuring ten miles across. The position, however, although generally recognised, has been a matter of consideration by a committee appointed by the League of Nations, which has not yet come to any conclusion with regard to alteration of those limits. A Convention was agreed to at The Hague in 1882, and it was subsequently ratified by an Act which went through the British Parliament. Practically all countries bordering on the North Sea, and all countries that we have to deal with, which trawl in our waters, were parties to that Convention, so that until some further agreement is reached by the League of Nations we can rely on the three-mile limit as the basis of legislation here. In order to deal with foreign trawlers we had, up to the present, to rely on the Act of 1883. That Act was brought in to implement the Hague agreement of 1882. The penalties for infringement of the Act were very small. That was our trouble. The penalties were £10 for the first offence, and £20 for a subsequent offence. It was found by the Fisheries Department that it paid foreign trawlers very well to infringe the law and to pay the penalties because they were so small. Acts have been passed dealing with trawling. The Principal Act was passed in 1889, and was amended two years afterwards by another Act, imposing penalties of £5 for a breach of the by-laws. As that penalty was quite insufficient to deter steam vessels from trawling in prohibited areas the amount was increased to £100. That Act gave power to serve a summons on the owner of a trawler within the then United Kingdom. The Act has been practically inoperative since 1923, because the Free State Government has no power to serve a summons on the owner of a British steam trawler, and has no jurisdiction to serve a summons within the United Kingdom. As these are the principal difficulties we have been up against, this Bill has been introduced to deal with them.
The Bill proposes severe penalties, whether the offender is registered in the Saorstát or outside the Saorstát, whether caught fishing in waters within the three-mile limit, or hovering in these waters, unless hovering there for a legitimate purpose. There is an international understanding that foreign vessels can call to a port for shelter in bad weather, or for repairs, or in case of sickness on board, and matters of that kind. Of course, these matters will be exempted under this Bill. We are taking power, however, to see that when they have done their business they must leave, and not hover around. The penalty for a first offence in the case of a vessel hovering within forbidden waters is £50, and for a subsequent offence £100. In addition, if there is fishing gear found on board it can be forfeited. Under the Bill the Minister is empowered to make by-laws under which it is forbidden to use in the area specified in the by-laws trawl nets, seine nets, or other prohibited nets that can be hauled along the sea floor by boats of a class to be specified. The principal class of vessels to which the by-laws will apply are those driven by mechanical power, coal, oil or electricity. Some of the by-laws, of course, only refer to steam trawlers, so that new vessels driven by oil or by electricity do not come within the definition of previous legislation. The penalty for a first offence for trawling is £200, and it is increased to £500 for a subsequent offence. The fishing gear will be forfeited and, in the case of a third offence, where we have the same owner in the three cases, the vessel itself can be forfeited. These penalties are to apply to vessels whether owned by Saorstát citizens or owned by people outside the Saorstát.
The Bill will be enforced by Saorstát sea officers and, as will be seen, these will be composed of the Gárda Síochána, of appointed officers of the Defence Forces, officers taken from the Department of Industry and Commerce, and officers from the Fisheries Department. These officers will be invested with very full powers with regard to the right of search, the right to examine and interrogate persons on board, the right to examine all documents, log books, etc., and the right to bring a vessel to port, in case they are not satisfied with the explanation given. They can also pursue a vessel which is caught fishing within the limit. Of course, a vessel may, within a few minutes, put herself outside the limit when pursued, but under this Bill our patrol vessels will be able to pursue the offending vessel as far as is necessary in order to capture her. They may arrest and bring the vessel back to port. Powers are also taken in the Bill with regard to detention. A boat may be detained until the case is tried by the District Court and, in case a fine is inflicted, may be detained until it is paid. If there is an appeal to a higher court the boat may be detained until satisfactory sureties are offered for the appearance of the accused at the higher court. There is also power to forfeit the vessel if the fine is not paid.
Another matter dealt with concerns some foreign trawlers that are in the habit of dimming their lights at night, so that they cannot be identified, or of covering the number plates and identification marks by day, by hanging tarpaulin or something over them, so that they cannot be identified unless pursued. There will be heavy penalties for such offences. Of course, that is an offence in itself under the Merchant Shipping Acts. These Acts apply to British vessels and the matter can be taken up, but if they do not come under the Merchant Shipping Acts foreign vessels may be taken up and fined for attempting to obliterate the identification marks. These are the principal matters dealt with. The Bill has been brought in to protect the rights of our own fishermen in the in-shore fisheries, and I have no doubt that every member of this House will be in favour of it. If any suggestions can be made towards improving the Bill we will be only too glad to consider them.
