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Statutory Instruments
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S.I. No. 241 of 2005
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Monkfish
Order 2005
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SI No. 241 of 2005
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MONKFISH ORDER 2005
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I, Pat the Cope Gallagher, Minister of State
at the Department of Communications, Marine and Natural Resources, in exercise
of the powers conferred on me by section 223A (inserted by section
9 of the Fisheries (Amendment) Act 1978 ( No. 18 of 1978 ),
as amended by section 4 of the Fisheries (Amendment) Act 1983 (No. 27 of 1983))
of the Fisheries
(Consolidation) Act, 1959 (No. 14 of 1959), and the Fisheries (Transfer of Departmental
Administration and Ministerial Functions) Order 1977 ( S.I. No. 30 of 1977 ) (as
adapted by the Marine and Natural Resources (Alteration of Name of
Department and Title of Minister) Order 2002 ( S.I. No. 307 of 2002 )) and
the Marine (Delegation of Ministerial Functions) (No. 2) Order 2004 ( S.I. No. 703 of 2004 ),
hereby make the following order:
1. This Order may
be cited as the Monkfish Order 2005
2. This Order comes
into operation on 20 May 2005.
3. In this Order -
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“ICES” means the International Council for the Exploration of the
Sea;
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“Irish sea-fishing boat” means a fishing boat entered in the
Register of Fishing Boats;
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“monkfish” means Lophiidae;
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“specified areas” means waters falling within ICES sub-area VII and
stock area code ANF/07, and waters falling within ICES sub-area Vb (EC
waters), VI, XII, XIV and stock area code ANF/561214 as described in
Communication (85/C347/05) from the Commission of the European Communities
on the description of the ICES sub-areas and divisions used for the purposes
of fishing statistics and regulations in the North East Atlantic.
4. The master of an
Irish sea fishing boat shall not cause or permit the boat to be used in the
specified areas or parts thereof for the transhipment of monkfish or cause
or permit such boat to engage in transhipment operations at sea.
5. (1) The master
of an Irish sea-fishing boat shall, prior to the commencement of each
voyage, inform a sea fisheries protection officer, by telephone, of the
expected port as set out in the Schedule, at which the boat shall land
monkfish on completion of the voyage.
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(2) The master of an Irish sea-fishing boat or his or her
representative shall give at least four hours notice to a sea fisheries
protection officer, by telephone, of his intention to land monkfish of a
quantity in excess of 150 kilograms at a port or landing place in the State
or at a landing place outside the State as set out in the Schedule. The
master or his or her representative shall provide the following information:
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(a) the name of
the vessel,
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(b) the name of
the port,
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(c) the
estimated time of arrival at the port, and
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(d) the quantities in kilograms (live
weight) of monkfish on board.
6. The Minister may
attach to a monkfish licence granted under the Monkfish Licensing
Regulations 2005 (S.I.. No. 239 of 2005) any or all of the following
additional conditions -
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(a) designating
the ports of landing, which will be specified in the licence;
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(b) requiring a
fully functioning vessel monitoring system, as provided for in Council Regulation
(EC) No. 2371/2002 of 20 December 2002 and Commission Regulation (EC) No.
2244/2003 of 18 December 2003, in operation while the boat is in port and
prior to leaving port to engage in fishing activity;
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(c) prohibiting
the landing or transhipment of monkfish other than at a designated port and
within specified hours;
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(d) requiring
that all monkfish landed is weighed in the presence of a sea fishery
protection officer;
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(e) requiring the
separate storage of monkfish on board the boat;
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(f) requiring
the authorisation by a sea-fisheries protection officer for the landing of
monkfish;
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(g) requiring
the provision of assistance to sea-fisheries protection officers in carrying
out their duties;
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(h) requiring the facilitation of the
placing of any person appointed by the Department of Communications, Marine
and Natural Resources on board the boat for the purposes of ensuring compliance
with the requirements of the monkfish licence, fisheries legislation,
scientific observation, or otherwise,
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and any condition attached to the monkfish licence is deemed to be a
condition for the proposes of those Regulations.
7. The master of a
an Irish sea-fishing boat or his or her representative shall not contravene
any condition of this Order relating or cause or permit such a
contravention.
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SCHEDULE
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Article 5
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For the purpose of Article 5 of this Order
the following contact numbers should be used:
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GEOGRAPHICAL LANDING AREAS
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TELEPHONE NUMBER
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Greencastle to Blacksod
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+353 74 9731264
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Achill to Shannon
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+353 91 572405
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Shannon to Sneem
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+353 66 9152122
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Kenmare to Bantry
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+353 27 70398
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Schull to Youghal
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+353 21 4515120
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Mine Head to Cahore Point
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+353 51 383135
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Cahore Point to Carlingford Lough
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+353 1 8321910
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Landings outside jurisdiction of the State
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+353 27 70398
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GIVEN under my
hand,
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17 May 2005
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Pat the Cope
Gallagher
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Minister of
State at the Department of Communications, Marine and Natural Resources
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EXPLANATORY NOTE
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(This note is not part of the instrument and does not purport to be a
legal interpretation).
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The effect of this Order is to establish
controls for all boats fishing for monkfish.
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This Order also provides for additional control
measures that may apply to holders of a monkfish licence.
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This Order shall come into operation on 20 May 2005.
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Published by the Stationery Office, Dublin
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