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(1) A motor fishing vessel of, or exceeding, twenty-four metres shall not proceed to sea or call at a port in the Republic unless it has on board,

(a) a skipper who is the holder of a First Class Fishing Certificate of Competency (Unlimited), issued by the competent authority,

(b) a mate or second hand who is the holder of a Second Hand Certificate of Competency (Unlimited), issued by the competent authority, except that a skipper who is the holder of a First Class Fishing Certificate of Competency (limited to vessels between twelve metres and twenty-four metres), operating in unlimited waters may serve in this capacity,

(c) an engineer who is the holder of a First Class Engineer's Certificate of Competency (Fishing), issued by a competent authority,

(d) an engineer who is the holder of a Second Class Engineer's Certificate of Competency (Fishing), issued by a competent authority,

(e) a person who is a holder of an Able-bodied Seaman's Certificate of Competency issued by the competent authority,

(f) in the case of a vessel equipped with marine radio telephone, a radio operator with the requisite certificate of competency issued by the competent authority, and

(g) in the case of a vessel equipped with marine telegraphy, a radio operator with the requisite Certificate of Competency issued by the competent authority.

(2) A motor vessel of twelve metres length or more but less than twenty-four metres shall not proceed to sea from a port in the Republic unless it is provided with

(a) a skipper who is the holder of a First Class Fishing Certificate of Competency (limited to vessels between twelve metres and twenty-four metres),issued by a competent authority,

(b) a mate or second hand who is the holder of a Second Hand Certificate of Competency (limited to vessels between twelve metres and twenty-four metres), issued by the competent authority except that a skipper who is the holder of a First Class Fishing Certificate of Competency (limited to vessels of length less than twelve metres), operating in limited or unlimited waters may serve in that capacity,

(c) a person who is a holder of an Able-bodied Seaman's Certificate of Competency issued by the competent authority, an

(d) a marine motor mechanic who is the holder of a Certificate of Competency issued by the competent authority.

(3) A motor fishing vessel of less than twelve metres shall not proceed to sea from a port in the Republic unless it is provided with

(a) a skipper who is the holder of a First Class Fishing Certificate of Competency (limited to vessels of length less than twelve metres), issued by the competent authority,

(b) a person who is the holder of an Able-bodied Seaman's Certificate of Competency, issued by the competent authority, and

(c) a marine motor mechanic who is the holder of a Certificate of Competency issued by the competent authority.

(4) Except in case of emergency at sea a person shall not

(a) claim to be a skipper, second hand, radio officer, radio operator, person or engineer of a semi-industrial or industrial vessel without first ascertaining that that person has been duly certified in accordance with this section;

(b) employ any other person as a skipper, second hand, radio officer, radio operator, person or engineer of a semi-industrial or industrial vessel without first ascertaining that that other person has been duly certificated in accordance with this section.

(5) For the purposes of this section, a person is duly certificated as a skipper, second hand, radio officer, radio operator, person or engineer of a semi-industrial or industrial vessel if that person holds for the time being a certificate of competency granted by the competent authority.

(6) Where the skipper or engineer of a semi-industrial or industrial vessel is absent, the competent authority may on application by the owner of the vessel and on being satisfied that the' absence of the skipper or engineer is unavoidable, authorise the holder of a lower grade fishing vessel certificate to act for a specified period, not exceeding four months, as the skipper or engineer of the vessel during the period that the skipper or engineer is absent, and the holder of the lower grade certificate of competency so authorised to act  shall, for the purposes of subsection (5) be regarded as the duly certified skipper or engineer.

(7) A competent authority designated in writing by the Council shall keep a record of every certificate of competency issued and of the suspension, alteration or cancellation or any other matter affecting that certificate.

(8) The owner, operator or master of a vessel used in contravention of subsection (1), (2) or (3) commits an offence and is liable on summary conviction to a fine of not less than $10,000 and not more than $500,000 in respect of a local industrial or semi industrial fishing vessel or a foreign fishing vessel.

(9) A person who contravenes subsection (4) commits an offence and is liable on summary conviction to a fine not exceeding five hundred penalty units or to a term of imprisonment not exceeding two years or to both the fine and the imprisonment