|
|
|
Statutory Instruments
|
|
|
|
S.I. No. 84 of 2006
|
|
|
|
Herring
(Fisheries Management and Conservation) Regulations 2006
|
|
|
|
S.I. No. 84 of 2005
|
|
|
|
Herring (Fisheries Management and
Conservation) Regulations 2006
|
|
|
|
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 Herring (Fisheries Management and
Conservation) Regulations 2006.
2. These
Regulations come into operation on 24 February 2006.
3. In
these Regulations -
|
|
|
|
“herring” means Clupea harengus;
|
|
|
|
“ICES” means the International Council for the Exploration of the
Sea;
|
|
|
|
“Irish sea fishing boat” means a boat entered in the Register of
Fishing Boats;
|
|
|
|
“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;
|
|
|
|
“specified area” means waters falling within ICES sub-areas VIa North, VIa South and VIIbc 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 herring in the specified area.
5. (1) An
Irish sea-fishing boat shall not have herring on board within the specified
area.
|
|
|
|
(2) The
master of an Irish sea-fishing boat shall not cause or permit the boat or
any person on board to have herring 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 herring.
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 herring in contravention of that Regulation -
|
|
|
|
(a) evidence
that the 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 herring were received on board the boat otherwise than
in the course of fishing,
|
|
|
|
(b) any
admission by any person who is for the time being the master, or another
member of the crew, of the boat that at such time she was so used, or
|
|
|
|
(c) any
other matter from which it so appears that the boat was so used or which in
the opinion of the Court suggests, or tends to suggest, that the boat was so
used.
|
|
|
|
(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 herring to which the prosecution
relates was taken outside the specified area.
8. Notwithstanding
anything contained in these Regulations, an Irish sea-fishing boat:
|
|
|
|
(a) may
only land or tranship herring from such boat, whether within the specified
area or elsewhere, if the herring landed or transhipped does not exceed 5%
by weight of the total catch of all species of fish subject to quotas landed
on any occasion.
|
|
|
|
(b) may
at all times, subject to paragraph (c), retain on board up to 50% more
herring than the maximum amount of herring permitted in paragraph (a);
|
|
|
|
(c) must
ensure by 24:00 of each day of the fishing voyage that the logbook has been
completed in accordance with the conditions laid out in Article 6 of
Regulation (EEC) No. 2847/93, and that the total amount of mackerel retained
on board such boat does not exceed the maximum amount of mackerel permitted
in paragraph (a).
|
|
|
|
|
|
GIVEN
under my Hand,
|
|
|
22 February
2006
|
|
|
John Browne
|
|
|
Minister of
State at the Department of Communications, Marine and Natural Resources
|
|
|
|
|
EXPLANATORY NOTE
|
|
|
|
(This note is not part of the instrument
and does not purport to be a legal interpretation).
|
|
|
|
The effect of these Regulations is to prohibit fishing for,
transhipment or having on board herring by Irish sea-fishing boats in ICES
sub-areas VIa North, VIa
South and VIIbc with effect from 24 February 2006.
|
|
|
|
1 Council Regulation (EC) No. 51/2006,
O.J. L16, 20.1.2006, pp. 1-183.
|