Section 261: Fishing boats in certain circumstances deemed to be passenger or cargo ships

(1)
For the purposes of this section and the provisions of this Act as to survey, any fishing boat shall, except as provided in subsections (2) and (3) of this section deemed to be-
(a)
a passenger ship on any occasion when the fishing boat carries more than four passengers or carries any passenger for hire or reward;
(b)
a cargo ship on any occasion when the fishing boat carries any cargo other than the fish caught by the crew of the fishing boat.
(2)
No fishing boat shall be deemed to be a passenger ship by reason only of the carriage of any person rescued from the sea, or any registered medicaI practitioner or registered nurse traveling in the course of his profession, or any person necessarily travelling to obtain urgent medical attention, or any police officer or officer of the Ministry traveling on official duties.
(3)
The Minister may, from time to time, subject to such conditions as he thinks fit, issue a permit to the owner or master of any fishing boat to carry more than four passengers or to carry any passenger or cargo for hire.
(4)
No permit issued under subsection (3) of this section, shall continue in force for more than twelve months from its date of issue and any such permit may at any time be cancelled by notice in writing from the surveyor of ships to the owner of the fishing boat.
(5)
Except as provided in subsections (2) and (3) of this section, nothing in this section shall operate to make lawful the carriage of passengers in any fishing boat in any circumstances where, but for the provisions of this section, such carriage of passengers shall be unlawful.
(6)
Any owner or the master of a fishing boat that is used for the carriage of passengers or cargo contrary to the provisions of this section, commits an offence and on conviction is liable to a fine not less than one hundred thousand Naira.