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S.I. No. 104 of 2006
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Blue Whiting (Fisheries Management and
Conservation) Regulations 2006
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I, John Browne, Minister of State at the
Department of Communications, Marine and Natural Resources, in exercise of
the powers conferred on me by 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) Order 2006 (No. 82 of 2006)), hereby make the
following Regulations:
1. These
Regulations may be cited as the Blue Whiting (Fisheries Management and
Conservation) Regulations 2006.
2. These
Regulations come into operation on 3 March 2006.
3. In
these Regulations -
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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 boat entered in the Register of
Fishing Boats or in the EU Community Fishing Fleet
Register;
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“quotas” 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 20061 or, as the case may be, each subsequent
year thereafter;
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“Blue Whiting” means Micromesistius
poutassou;
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“specified area” means waters falling within ICES sub-areas I, II,
III, IV, V, VI, VII, VIIIabde, XII and XIV (EC and
international waters) 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 engage in or cause or permit
any person on board to engage in fishing for Blue Whiting in the specified
area.
5. (1) An
Irish sea-fishing boat shall not have Blue Whiting on board within the
specified area.
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(2) The master of an Irish
sea-fishing boat shall not cause or permit the boat or any person on board
to have Blue Whiting on board within the specified area.
6. The
master of an Irish sea-fishing boat shall not cause or permit the boat to be
used within the specified area for the transhipment of Blue Whiting .
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7. (1) In
a prosecution for an offence for contravening Regulation 6 of these
Regulations, the following shall be prima facie evidence that the Irish
sea-fishing boat concerned was, at the time of the alleged offence, used for
the transhipment of Blue Whiting in contravention of that Regulation -
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(a) evidence that the vessel 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
Blue Whiting were received on board the vessel otherwise than in the course
of fishing,
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(b) any admission by any person who
is for the time being the master, or another member of the crew, of the
vessel that at such time she was so used, or
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(c) any other matter from which it so
appears that the vessel was so used or which in the opinion of the Court
suggests, or tends to suggest, that the vessel was so used.
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(2) In a prosecution for an offence
for contravening Regulation 5 of these Regulations, it is a defence for the
defendant to show that the Blue Whiting to which the prosecution relates was
taken outside the specified area.
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GIVEN
under my Hand,
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1 March 2006
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John Browne
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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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These Regulations prohibit fishing for, transhipment, landing or having
on board blue whiting by Irish sea-fishing boats in ICES Divisions I, II,
III, IV, V, VI, VII, VIIIabde, XII and XIV (EC and
international waters) with effect from 3 March 2006.
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1 Council Regulation (EC) No. 51/2006,
O.J. L16, 20.1.2006, pp. 1-183.
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