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S.I. No. 45 of 2006
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Plaice (Fisheries Management and
Conservation) Regulations 2006
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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 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. 5) Order 2005
(No. 843 of 2005)), hereby make the following regulations:
1. These
Regulations may be cited as the Plaice (Fisheries Management and
Conservation) Regulations 2006.
2. These
Regulations come into operation on 1 February 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;
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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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“plaice” means Pleuronectes platessa;
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“specified area” means waters falling within ICES zones VIIf and VIIg 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. An
Irish sea-fishing boat or a person on board the boat fishing in the
specified area -
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(a) may
only land or tranship plaice from such boat, whether within the specified
area or elsewhere, if the plaice landed or transhipped does not exceed 5% by
weight of the total catch of all species of fish subject to quotas landed or
transhipped on any occasion;
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(b) may
at all times, subject to paragraph (c), retain on board up to 50% more
plaice than the maximum amount of plaice permitted in paragraph (a);
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(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 plaice retained
on board such boat does not exceed the maximum amount of plaice permitted in
paragraph (a).
5. In
a prosecution for an offence for contravening Regulation 4 of these
Regulations 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 plaice in contravention of that Regulation -
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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 plaice were landed or transhipped contrary to
that Regulation,
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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.
6. The
master of an Irish sea fishing boat fishing in the specified areas shall,
before each landing or transhipment of plaice from the boat, inform a sea
fisheries protection officer of the time and location of the landing or
transhipment whether inside or outside the State and the quantity of plaice
concerned.
7. The
Plaice (Fisheries Management and Conservation) (No. 4) Regulations 2005 ( S.I.
No. 867 of 2005 ) are revoked.
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GIVEN
under my Hand,
25 January
2006
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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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These Regulations introduce a new management
regime for landings and transhipment of plaice caught by Irish sea fishing
boats in ICES Divisions VIIf and VIIg with effect from 1 February 2006.
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These Regulations allow Irish sea-fishing
boats to land or tranship plaice caught in ICES Divisions VIIf and VIIg from 1 February
2006 provided that the plaice does not exceed 5% by weight of the total
catch of quota species landed or transhipped on any occasion.
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1
Council Regulation (EC) No. 51/2006, O.J. L16,
20.1.2006, pp. 1-183.
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