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Initial notification of marine accidents
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17. (1) Subject to subsection (5), the following persons shall, immediately on becoming aware of a marine accident having occurred or commenced, or as soon as practicable thereafter, notify the MAIU of the occurrence or commencement of the marine accident:
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(a) the master of the ship or, if the master has not survived, the most senior surviving officer;
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(b) the owner of the ship, unless he or she is satisfied that the accident has already been reported by a person referred to in paragraph (a).
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(2) In addition to any notification made under subsection (1), the following persons or entities shall, unless the circumstances are such that in his or her or its reasonable opinion it is unnecessary to do so, immediately on becoming aware of the marine accident having occurred or commenced, or as soon as practicable thereafter, notify the MAIU of the occurrence or commencement of the marine accident:
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(a) in the case of a marine accident within or adjacent to the limits of any harbour, the harbour authority for that harbour;
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(b) in the case of a marine accident on any inland waterway in the State, the person, authority or body having responsibility for that waterway;
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(c) in the case of a marine accident within Irish waters, the Irish Coast Guard;
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(d) in the case of a marine accident involving an Irish ship or a substantial interest of the State, irrespective of the location of the marine accident and of the flag of the ship or ships involved, the Marine Survey Office.
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(3) There shall be included in a notification under subsection (1) such relevant information as is known to the person making the notification, including the name and description of the ship, its position, the number of persons on board, if any, and as accurate a summary as possible of the marine accident.
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(4) A person required by subsection (1) to make a notification who, without reasonable excuse, fails to do so commits an offence and is liable—
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(a) on summary conviction to a class C fine, and
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(b) on conviction on indictment to a fine not exceeding €500,000 or imprisonment for a term not exceeding 5 years, or to both.
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(5) Subsection (1) shall not apply where the marine accident involves only a personal watercraft, recreational craft or small fast powered craft.
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