Menu

Ireland's sailing, boating & maritime magazine

Displaying items by tag: law

Marine Notice No 20 of 2021 reminds owners, skippers and crew of fishing vessels of the requirement for crew lists on all registered fishing vessels.

Article 12 of the Annex to Council Directive (EU) 2017/159 — which aims to implement the Work in Fishing Convention, which in turn aims to ensure decent work and living conditions in the fishing sector — requires that every fishing vessel carry a crew list.

The European Union (International Labour Organisation Work in Fishing Convention) (Crew List and Fisherman’s Work Agreement) Regulations, 2020 (SI No 333 of 2020), were signed into law on 1 September 2020. Regulation 5 of SI No 333 of 2020 implements Article 12 of the Annex to the Directive and sets out the requirement in relation to crew lists.

The regulations place a responsibility on every registered fishing vessel to carry a crew list which shall be communicated ashore by the master, either prior to the departure of a fishing vessel or immediately after the departure of a fishing vessel. They also specify the minimum mandatory contents of the crew list and also to whom the crew list shall be communicated.

Full details of the requirements are included in Marine Notice No 20 of 2021, a PDF of which is available to download below.

Published in Fishing
Tagged under

Canadian boat owners could be liable to fines of up to €4 million under new legislation to tackle the scourge of abandoned vessels on the country’s coastlines, particularly in the western province of British Columbia.

International Boat Industry reports that the Wrecked, Abandoned or Hazardous Vessels Act sets a prohibition on abandoning vessels while increasing owner responsibility for problem boats — and giving the Canadian government new powers to remove them.

Authorities in Ireland have similar powers under the Canal Act 1986 (Bye-Laws) 1988 to remove from inland waterways any non-permitted vessels, non-attended and apparently abandoned vessels, boats that are double-moored or causing an obstruction, or vessels deemed to be/likely to cause a hazard to navigation.

The new Canadian law can levy “penalties of up to $50,000 (CAD) for individuals and $250,000 for companies or corporations, while regulatory offence prosecution could result in a maximum fine of $1m for individuals and $6m for companies or corporations.”

It comes as part of a National Strategy to Address Canada’s Wrecked and Abandoned Vessels, which has included funding programmes to support coastal communities in the removal of smaller derelict vessels blighting their localities.

International Boat Industry has more on the story HERE.

Published in News Update
Tagged under

#CoastalNotes - A new harbour patrol for the South Coast? That’s what Cork County Council is proposing in new measures to curb what’s being seen as a “free for all” along the county's  lengthy coastline.

According to the Irish Examiner, draft bylaws are being drawn up that would place limits on speed limits in bays and areas for jet ski use, as well as impose berthing charges among the more than 200 harbours and piers on the Cork coast.

County Hall in Cork city is also expected to shortly announce recruitment for “harbour masters or harbour constables” with responsibility for piers not currently being regulated.

While the new regime would see stronger enforcement of laws against reckless vessel use inshore, it’s also envisaged that harbour constables would liaise with the Garda in cases of suspected drug trafficking through rural, unsupervised landing areas.

The Irish Examiner has more on the story HERE.

Published in Coastal Notes
Tagged under

#MarineScience - Marine Minister Michael Creed has announced the awarding of €3.3 million grant funding through the Marine Institute to research projects in specialist marine equipment and ocean law.

Some 19 funding grants in total have been made in the area of specialist marine equipment and small infrastructure, totalling more than €2.5 million.

The Higher Education Institutes (HEI) sector will receive 14 of these grants with five being granted to industry-led proposals (SMEs). The funding grants range from €20,000 to €200,000, with industry being funded at 75 per cent — meaning that these will also leverage private investment in specialist marine equipment for research and innovation development.

The ocean law and marine governance grant is being made to a partnership project between the MaREI Centre and University College of Cork School of Law. The funding amounts to €800,000 and will run over four years, employing three researchers with contributions from 12 MaREI and five UCC School of Law staff.

More than 20 researchers attended the announcement of the grants yesterday (Wednesday 22 November) in Dublin city centre.

“I’m delighted to announce these funding grants which herald the next step forward for many new projects in our marine sector,” said Minister Creed. “The funding for marine research equipment helps to target a gap in funding that exists between supports available to Higher Education Institutes via HEA and support from Ireland’s development agencies such as SFI and Enterprise Ireland.

“These grants will allow the marine research and innovation community to purchase specialist equipment needed to support their current and future research activities.”

Peter Heffernan, CEO of the Marine Institute, said the funding grants would enable pioneering marine research projects to develop in decades to come.

“The ocean law and marine governance grant marks a very important step in investing further in the area of marine law and governance,” he said.

“During the development of the National Marine Research and Innovation Strategy, it was indicated that this important research area should be supported and the Marine Institute, Department of Agriculture, Food and the Marine and the Department of Foreign Affairs were consulted and a call was launched for a project-based funding grant.

“We are delighted that the MaREI Centre and UCC School of Law will be collaborating on this project which is called Navigate and will be led and co-ordinated by Dr Anne Marie O’Hagan, a senior post-doctoral research fellow in the Marine and Coastal Governance Group in the MaREI Centre.”

Published in Marine Science

#Alcohol - Alcohol consumption “continues to be a significant factor” in marine incidents involving recreational craft.

That’s according to the Department of Transport, Tourism and Sport (DTTAS), whose latest Marine Notice highlights the risks to the public associated with drink and drugs when operating or simply travelling on the water.

The DDTAS cities “the concern expressed” by the Marine Casualty Investigation Board (MCIB) over the number of incidents it has investigated since 2010 that involve alcohol.

As laid out in a previous Marine Notice from 2012, the law requires that masters or owners of pleasure craft must not operate their vessels or allow others to do so while under the influence.

Similarly, any person on board such craft must not consume drugs or alcohol in circumstances that could affect theirs or others’ safety. Persons being towed or on board any vessel or object being towed by a pleasure craft must also avoid drugs or alcohol.

A fixed penalty of €150 applies to any failure to comply with this law, with potential for prosecution and fines of up to €5,000.

Moreover, fines of up to €100,000 and prison terms of up to two years may apply in cases where “deliberate or reckless action” under the influence is a factor.

More details can be found in Marine Notice No 15 of 2017, a PDF of which is available to read or download HERE.

Published in Water Safety
Tagged under

#Angling - Government parties may face a backlash in next month's local elections over new angling regulations, with fears of a return of the rod licence disputes - or 'rod wards' - of the late 1980s.

As previously reported on Afloat.ie, the proposed new Inland Fisheries Bill aims to toughen legislation in the river and lake fishing sector and provide a stronger framework for angling regulation (see HERE for an FAQ on the proposals).

But as The Irish Times reports, anglers are wary that the legal update will introduce compulsory charges for all game, coarse pike and sea angling nationwide, as well as a national register with ID cards and a penalty points regime.

While the move towards new legislation has been welcomed by the Angling Council of Ireland, it is facing strong opposition from the Trout Anglers Federation of Ireland and the Federation of Irish Salmon and Sea Trout Anglers, both of which broke away from the council some years ago - as well as the Irish Federation of Pike Angling Clubs, whose members voted against any proposal for compulsory charges at its last AGM.

The Irish Times, which has much more on the story HERE, has meanwhile dismissed opposition to the new bill in an editorial, stating that "if a resource is not directly owned and managed, it tends to be ruthlessly exploited" and claiming that "raw emotion is driving opposition to change".

What do you think about the proposals for Ireland's angling resource? Have your say in the comments below.

Published in Angling
Tagged under

#NEWS UPDATE - British boat users are risking big fines if they sail their craft outside UK waters due to new laws on the use of red diesel, the Daily Telegraph reports.

New laws coming into force on 1 April "will require anyone moving into international waters to sign a declaration that their boat is not being powered by red diesel".

Red-dyed diesel is used by farmers and commercial fishermen throughout the UK at a lower rate of duty. It is also widely used by recreational boaters and yacht owners, as is green diesel by Irish pleasure boaters, though such users have been required to pay the full rate of tax for a number of years now.

However, the European Union is now clamping down on the use of dyed diesel.

The decision by Brussels is causing consternation among the yachting community, which argues that unmarked or 'white' diesel is not widely available in harbours and marinas.

And concerns remain over the presence of biofuels in white diesel which, as previously reported on Afloat.ie, can be harmful to marine engines.

The Daily Telegraph has more on the story HERE.

Published in News Update

The Irish Coast Guard

The Irish Coast Guard is Ireland's fourth 'Blue Light' service (along with An Garda Síochána, the Ambulance Service and the Fire Service). It provides a nationwide maritime emergency organisation as well as a variety of services to shipping and other government agencies.

The purpose of the Irish Coast Guard is to promote safety and security standards, and by doing so, prevent as far as possible, the loss of life at sea, and on inland waters, mountains and caves, and to provide effective emergency response services and to safeguard the quality of the marine environment.

The Irish Coast Guard has responsibility for Ireland's system of marine communications, surveillance and emergency management in Ireland's Exclusive Economic Zone (EEZ) and certain inland waterways.

It is responsible for the response to, and co-ordination of, maritime accidents which require search and rescue and counter-pollution and ship casualty operations. It also has responsibility for vessel traffic monitoring.

Operations in respect of maritime security, illegal drug trafficking, illegal migration and fisheries enforcement are co-ordinated by other bodies within the Irish Government.

On average, each year, the Irish Coast Guard is expected to:

  • handle 3,000 marine emergencies
  • assist 4,500 people and save about 200 lives
  • task Coast Guard helicopters on missions

The Coast Guard has been around in some form in Ireland since 1908.

Coast Guard helicopters

The Irish Coast Guard has contracted five medium-lift Sikorsky Search and Rescue helicopters deployed at bases in Dublin, Waterford, Shannon and Sligo.

The helicopters are designated wheels up from initial notification in 15 minutes during daylight hours and 45 minutes at night. One aircraft is fitted and its crew trained for under slung cargo operations up to 3000kgs and is available on short notice based at Waterford.

These aircraft respond to emergencies at sea, inland waterways, offshore islands and mountains of Ireland (32 counties).

They can also be used for assistance in flooding, major inland emergencies, intra-hospital transfers, pollution, and aerial surveillance during daylight hours, lifting and passenger operations and other operations as authorised by the Coast Guard within appropriate regulations.

Irish Coastguard FAQs

The Irish Coast Guard provides nationwide maritime emergency response, while also promoting safety and security standards. It aims to prevent the loss of life at sea, on inland waters, on mountains and in caves; and to safeguard the quality of the marine environment.

The main role of the Irish Coast Guard is to rescue people from danger at sea or on land, to organise immediate medical transport and to assist boats and ships within the country's jurisdiction. It has three marine rescue centres in Dublin, Malin Head, Co Donegal, and Valentia Island, Co Kerry. The Dublin National Maritime Operations centre provides marine search and rescue responses and coordinates the response to marine casualty incidents with the Irish exclusive economic zone (EEZ).

Yes, effectively, it is the fourth "blue light" service. The Marine Rescue Sub-Centre (MRSC) Valentia is the contact point for the coastal area between Ballycotton, Co Cork and Clifden, Co Galway. At the same time, the MRSC Malin Head covers the area between Clifden and Lough Foyle. Marine Rescue Co-ordination Centre (MRCC) Dublin covers Carlingford Lough, Co Louth to Ballycotton, Co Cork. Each MRCC/MRSC also broadcasts maritime safety information on VHF and MF radio, including navigational and gale warnings, shipping forecasts, local inshore forecasts, strong wind warnings and small craft warnings.

The Irish Coast Guard handles about 3,000 marine emergencies annually, and assists 4,500 people - saving an estimated 200 lives, according to the Department of Transport. In 2016, Irish Coast Guard helicopters completed 1,000 missions in a single year for the first time.

Yes, Irish Coast Guard helicopters evacuate medical patients from offshore islands to hospital on average about 100 times a year. In September 2017, the Department of Health announced that search and rescue pilots who work 24-hour duties would not be expected to perform any inter-hospital patient transfers. The Air Corps flies the Emergency Aeromedical Service, established in 2012 and using an AW139 twin-engine helicopter. Known by its call sign "Air Corps 112", it airlifted its 3,000th patient in autumn 2020.

The Irish Coast Guard works closely with the British Maritime and Coastguard Agency, which is responsible for the Northern Irish coast.

The Irish Coast Guard is a State-funded service, with both paid management personnel and volunteers, and is under the auspices of the Department of Transport, Tourism and Sport. It is allocated approximately 74 million euro annually in funding, some 85 per cent of which pays for a helicopter contract that costs 60 million euro annually. The overall funding figure is "variable", an Oireachtas committee was told in 2019. Other significant expenditure items include volunteer training exercises, equipment, maintenance, renewal, and information technology.

The Irish Coast Guard has four search and rescue helicopter bases at Dublin, Waterford, Shannon and Sligo, run on a contract worth 50 million euro annually with an additional 10 million euro in costs by CHC Ireland. It provides five medium-lift Sikorsky S-92 helicopters and trained crew. The 44 Irish Coast Guard coastal units with 1,000 volunteers are classed as onshore search units, with 23 of the 44 units having rigid inflatable boats (RIBs) and 17 units having cliff rescue capability. The Irish Coast Guard has 60 buildings in total around the coast, and units have search vehicles fitted with blue lights, all-terrain vehicles or quads, first aid equipment, generators and area lighting, search equipment, marine radios, pyrotechnics and appropriate personal protective equipment (PPE). The Royal National Lifeboat Institution (RNLI) and Community Rescue Boats Ireland also provide lifeboats and crews to assist in search and rescue. The Irish Coast Guard works closely with the Garda Siochána, National Ambulance Service, Naval Service and Air Corps, Civil Defence, while fishing vessels, ships and other craft at sea offer assistance in search operations.

The helicopters are designated as airborne from initial notification in 15 minutes during daylight hours, and 45 minutes at night. The aircraft respond to emergencies at sea, on inland waterways, offshore islands and mountains and cover the 32 counties. They can also assist in flooding, major inland emergencies, intra-hospital transfers, pollution, and can transport offshore firefighters and ambulance teams. The Irish Coast Guard volunteers units are expected to achieve a 90 per cent response time of departing from the station house in ten minutes from notification during daylight and 20 minutes at night. They are also expected to achieve a 90 per cent response time to the scene of the incident in less than 60 minutes from notification by day and 75 minutes at night, subject to geographical limitations.

Units are managed by an officer-in-charge (three stripes on the uniform) and a deputy officer in charge (two stripes). Each team is trained in search skills, first aid, setting up helicopter landing sites and a range of maritime skills, while certain units are also trained in cliff rescue.

Volunteers receive an allowance for time spent on exercises and call-outs. What is the difference between the Irish Coast Guard and the RNLI? The RNLI is a registered charity which has been saving lives at sea since 1824, and runs a 24/7 volunteer lifeboat service around the British and Irish coasts. It is a declared asset of the British Maritime and Coast Guard Agency and the Irish Coast Guard. Community Rescue Boats Ireland is a community rescue network of volunteers under the auspices of Water Safety Ireland.

No, it does not charge for rescue and nor do the RNLI or Community Rescue Boats Ireland.

The marine rescue centres maintain 19 VHF voice and DSC radio sites around the Irish coastline and a digital paging system. There are two VHF repeater test sites, four MF radio sites and two NAVTEX transmitter sites. Does Ireland have a national search and rescue plan? The first national search and rescue plan was published in July, 2019. It establishes the national framework for the overall development, deployment and improvement of search and rescue services within the Irish Search and Rescue Region and to meet domestic and international commitments. The purpose of the national search and rescue plan is to promote a planned and nationally coordinated search and rescue response to persons in distress at sea, in the air or on land.

Yes, the Irish Coast Guard is responsible for responding to spills of oil and other hazardous substances with the Irish pollution responsibility zone, along with providing an effective response to marine casualties and monitoring or intervening in marine salvage operations. It provides and maintains a 24-hour marine pollution notification at the three marine rescue centres. It coordinates exercises and tests of national and local pollution response plans.

The first Irish Coast Guard volunteer to die on duty was Caitriona Lucas, a highly trained member of the Doolin Coast Guard unit, while assisting in a search for a missing man by the Kilkee unit in September 2016. Six months later, four Irish Coast Guard helicopter crew – Dara Fitzpatrick, Mark Duffy, Paul Ormsby and Ciarán Smith -died when their Sikorsky S-92 struck Blackrock island off the Mayo coast on March 14, 2017. The Dublin-based Rescue 116 crew were providing "top cover" or communications for a medical emergency off the west coast and had been approaching Blacksod to refuel. Up until the five fatalities, the Irish Coast Guard recorded that more than a million "man hours" had been spent on more than 30,000 rescue missions since 1991.

Several investigations were initiated into each incident. The Marine Casualty Investigation Board was critical of the Irish Coast Guard in its final report into the death of Caitriona Lucas, while a separate Health and Safety Authority investigation has been completed, but not published. The Air Accident Investigation Unit final report into the Rescue 116 helicopter crash has not yet been published.

The Irish Coast Guard in its present form dates back to 1991, when the Irish Marine Emergency Service was formed after a campaign initiated by Dr Joan McGinley to improve air/sea rescue services on the west Irish coast. Before Irish independence, the British Admiralty was responsible for a Coast Guard (formerly the Water Guard or Preventative Boat Service) dating back to 1809. The West Coast Search and Rescue Action Committee was initiated with a public meeting in Killybegs, Co Donegal, in 1988 and the group was so effective that a Government report was commissioned, which recommended setting up a new division of the Department of the Marine to run the Marine Rescue Co-Ordination Centre (MRCC), then based at Shannon, along with the existing coast radio service, and coast and cliff rescue. A medium-range helicopter base was established at Shannon within two years. Initially, the base was served by the Air Corps.

The first director of what was then IMES was Capt Liam Kirwan, who had spent 20 years at sea and latterly worked with the Marine Survey Office. Capt Kirwan transformed a poorly funded voluntary coast and cliff rescue service into a trained network of cliff and sea rescue units – largely voluntary, but with paid management. The MRCC was relocated from Shannon to an IMES headquarters at the then Department of the Marine (now Department of Transport) in Leeson Lane, Dublin. The coast radio stations at Valentia, Co Kerry, and Malin Head, Co Donegal, became marine rescue-sub-centres.

The current director is Chris Reynolds, who has been in place since August 2007 and was formerly with the Naval Service. He has been seconded to the head of mission with the EUCAP Somalia - which has a mandate to enhance Somalia's maritime civilian law enforcement capacity – since January 2019.

  • Achill, Co. Mayo
  • Ardmore, Co. Waterford
  • Arklow, Co. Wicklow
  • Ballybunion, Co. Kerry
  • Ballycotton, Co. Cork
  • Ballyglass, Co. Mayo
  • Bonmahon, Co. Waterford
  • Bunbeg, Co. Donegal
  • Carnsore, Co. Wexford
  • Castlefreake, Co. Cork
  • Castletownbere, Co. Cork
  • Cleggan, Co. Galway
  • Clogherhead, Co. Louth
  • Costelloe Bay, Co. Galway
  • Courtown, Co. Wexford
  • Crosshaven, Co. Cork
  • Curracloe, Co. Wexford
  • Dingle, Co. Kerry
  • Doolin, Co. Clare
  • Drogheda, Co. Louth
  • Dun Laoghaire, Co. Dublin
  • Dunmore East, Co. Waterford
  • Fethard, Co. Wexford
  • Glandore, Co. Cork
  • Glenderry, Co. Kerry
  • Goleen, Co. Cork
  • Greencastle, Co. Donegal
  • Greenore, Co. Louth
  • Greystones, Co. Wicklow
  • Guileen, Co. Cork
  • Howth, Co. Dublin
  • Kilkee, Co. Clare
  • Killala, Co. Mayo
  • Killybegs, Co. Donegal
  • Kilmore Quay, Co. Wexford
  • Knightstown, Co. Kerry
  • Mulroy, Co. Donegal
  • North Aran, Co. Galway
  • Old Head Of Kinsale, Co. Cork
  • Oysterhaven, Co. Cork
  • Rosslare, Co. Wexford
  • Seven Heads, Co. Cork
  • Skerries, Co. Dublin Summercove, Co. Cork
  • Toe Head, Co. Cork
  • Tory Island, Co. Donegal
  • Tramore, Co. Waterford
  • Waterville, Co. Kerry
  • Westport, Co. Mayo
  • Wicklow
  • Youghal, Co. Cork

Sources: Department of Transport © Afloat 2020