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Statutory Instruments
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S.I. No. 239 of 2005
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Monkfish
Licensing Regulations 2005
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SI
No. 239 of 2005
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MONKFISH LICENSING REGULATIONS 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 section 224B (inserted by section 5
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 regulations:
1. These Regulations may be
cited as the Monkfish Licensing Regulations 2005.
2. These Regulations come into
operation on 20 May 2005.
3. In these Regulations -
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“Department” means the Department of Communications, Marine and Natural
Resources
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“Departmental Official” means an officer of the Department,
authorised by the for the purposes of Regulation 6(3);
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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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“licensed boat” means an Irish sea-fishing boat in relation to which
a monkfish licence has been granted under Regulation 5;
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“Minister” means the Minister for Communications, Marine and Natural
Resources;
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“monkfish” means Lophiidae;
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“monkfish licence” means a licence granted under Regulation 4;
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“monkfish permit” means a permit granted under Regulation 4;
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“quota” means the State's share of the total allowable catch (TAC) fixed by the Council of the European Communities
relating to certain species of fish in respect of the year 20051 or, as the case may be, each subsequent
year thereafter;
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“section 222B” means section 222B (inserted by section 4 of the
Fisheries (Amendment) Act 2003 (No. 21)) of the Fisheries (Consolidation)
Act 1959 (No. 14 of 1959);
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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. (1) The
Minister may, at his or her discretion upon the application in writing of
any person who is the owner, charterer or hirer of
an Irish sea-fishing boat —
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(a) (i) in
relation to which there is in force a licence under section 222B; and
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(ii) which
is entered in the Register of Fishing Boats, and
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(b) upon the furnishing by such
person to the Minister of such information as he or she may reasonably
require in relation to the application including the electronic means of
notification for the purposes of Regulation 6(3),
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grant to the person a monkfish licence
authorising, subject to these Regulations, the fishing for monkfish from
that boat in the specified areas or parts thereof as mentioned in the
monkfish licence and the landing or transhipment of monkfish taken in the specified
areas or parts thereof during such period as mentioned in the monkfish
licence.
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(2) A monkfish licence granted under paragraph (1) shall restrict
the quantities of other quota species that may be caught, landed and
transhipped by the licensed boat.
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(3) The Minister may renew, subject to this Regulation, without
application, at his or her discretion, a monkfish licence granted under
paragraph (1) for such period as may be stated in the renewed monkfish
licence where he or she is satisfied that -
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(a) the holder of the monkfish licence upon its expiration continues
to be the owner, charterer or hirer, as the case
may be, of the licensed boat, and
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(b) the licensed boat concerned upon the expiration of the monkfish
licence continues -
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(i) to be
licensed to fish under section 222B, and
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(ii) to be
entered in the Register of Fishing Boats.
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(4) Without prejudice to the Minister’s discretion to
refuse to grant or renew a monkfish licence, the Minister may refuse to
grant or renew a monkfish licence where the applicant or licence holder, as
the case may be, has previously had a monkfish licence held by him revoked.
5. A monkfish
licence shall not authorise any fishing for monkfish in the specified areas
or parts thereof, or the landing or transhipment of monkfish taken on board
a boat or caught in the specified areas or parts of them during any period
prohibited by the Minister.
6. (1) The
Minister may attach to a monkfish licence conditions:
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(a) restricting
the quantity of monkfish and other quota species -
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(i) that
may be taken on board a particular licensed boat in the specified areas or
part thereof, or
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(ii) that may
be landed or transhipped from or retained on board the licensed boat, during
such period as the Minister decides;
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(b) requiring
the licensed boat to stop all fishing activity including fishing for quota
species and any other species for a period of time which will be specified
in the monkfish licence;
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(c) requiring
the provision of assistance to sea-fisheries protection officers in carrying
out their duties;
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(d) requiring
the facilitation of the placing of any person appointed by the Department 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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(2) The Minister may at any time, by means of a permit, specify,
alter, attach or revoke a condition to a monkfish licence, and such permit,
upon notification, shall be deemed to be a condition of the licence and the
licence holder or the master of the licensed boat concerned shall comply
with or ensure compliance with such permit.
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(3) Notification of any condition attached to the licence under this
Regulation shall be made by electronic means by a Departmental Official to
the holder of the monkfish licence or the master of the licensed boat
concerned.
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(4) The master of a licensed boat shall not contravene any condition
of the licence relating to the boat or cause or permit such a contravention.
7. In a prosecution
for an offence contravening Regulation 6 it shall be a defence for the
defendant to show that the monkfish to which the prosecution relates were
taken outside the specified areas or parts of them or outside the period
specified any monkfish licence or monkfish permit.
8. In a prosecution
for an offence contravening Regulation 6 the following shall be prima
facie evidence that the sea-fishing boat concerned was, at the time of
the alleged offence, used for the transhipment or landing of monkfish in
contravention of those Regulations —
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(a) evidence
that such sea-fishing boat had on board any books, papers or other documents
from which it appears to the Court that on the day on which the offence is
alleged to have been committed monkfish were landed or transhipped contrary
to those Regulations,
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(b) any
admission by any person who is for the time being the master or other person
in charge, or another member of the crew, of such sea-fishing boat that at
such time she was so used, or
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(c) any
other matter from which it so appears that such sea-fishing boat was so used
or which in the opinion of the Court suggests, or tends to suggest, that
such sea-fishing boat was so used.
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7. (1) Subject
to paragraph (2), the Minister, if satisfied that a term mentioned in or a
condition of, specified in or attached to a monkfish licence has been
contravened by the holder of the licence, the master of the licensed boat or
any person on board, may revoke the licence.
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(2) Where the Minister proposes
to revoke a monkfish licence under paragraph (1), he or she shall notify in
writing the holder of the licence of the proposal and the reasons for it and
the holder may within 14 days of service of the notification make representations
to the Minister about the proposal and the Minister shall consider any such
representations.
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(3) A notification under
paragraph (2) shall be addressed to the holder of the monkfish licence
concerned and sent or given in any of the following ways -
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(a) by
delivering it to the holder of the monkfish licence or the master or other
person in charge of the licensed boat concerned,
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(b) by
leaving it at the address at which the holder ordinarily resides or carries
on business or in a suitable secure and conspicuous position on board the
licensed boat, or
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(c) by sending it by prepaid registered post to the holder at
such address.
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(4) A monkfish licence stands
revoked if -
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(a) the
holder of the monkfish licence ceases to be the owner, charterer
or hirer, as the case may be, of the licensed boat concerned,
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(b) the
licensed boat ceases to be an Irish sea-fishing boat,
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(c) a
licence under section 222B in relation to the licensed boat is, suspended,
revoked or has expired, or
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(d) the licensed boat ceases to be entered in the Register of
Fishing Boats.
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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 these Regulations is to
establish a licensing regime for the fishing of monkfish.
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These Regulations also provide for additional
control measures for those who apply for a licence under this scheme.
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These Regulations shall come into operation
on 20 May 2005.
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Published by the Stationery Office, Dublin
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1 Council Regulation (EC) No. 27/2005, O.J. L12, 14.1.2005, pp. 1-151.
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