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S.I. No. 39 of 2006
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Ling (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 Ling (Fisheries Management and Conservation)
Regulations 2006.
2. These
Regulations come into operation on 1 February 2006 and cease to have effect
on 28 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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“Ling” means Molva molva;
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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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“specified area” means waters falling within ICES sub-areas VI, VII,
VIII, IX, X, XII and XIV (Community waters 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;
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“specified period” means the period from 1 February 2005 to 28
February 2006.
4. An Irish sea-fishing boat, or a
person on board that boat, fishing in the specified area, shall not, during
the specified period, have or retain on board -
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(a) in
case the boat is of length greater than or equal to 55 feet, 3 tonnes of
ling, or
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(b) in
any other case, 1.5 tonnes of ling,
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nor land more than that quantity.
5. The master of an Irish sea fishing
boat shall not during the specified period cause or permit the boat to be
used in the specified area for the transhipment of ling or cause or permit
such boat to engage in transhipment operations at sea.
6. The master of an Irish sea-fishing
boat -
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(a) shall,
before setting out on a voyage to fish for ling, inform a sea fisheries
protection officer of the expected port at which ling is intended to be
landed from the boat on completion of the voyage, and
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(b) if
requested by a sea fisheries protection officer, shall not land ling at any
port or place, unless on each occasion a sea fisheries protection officer
has given prior approval of the landing.
7. In a prosecution for an offence
contravening Regulation 4 of these Regulations it shall be a defence for the
defendant to show that the ling to which the prosecution relates were taken
outside the specified area or the specified period.
8. In a prosecution for an offence
contravening Regulation 5 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 ling 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 ling 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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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 provide for a management
regime for the ling fishery in ICES sub-areas VI, VII, VIII, IX, X, XII and
XIV (Community waters and international waters) with effect from 1 February
2006.
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From that date, an Irish sea-fishing boat
equal to or greater than 55 feet in length, or a person on board such boat,
fishing in the specified area may not have or retain on board or land more
than 3 tonnes of ling during the period from 1 February 2006 to 28 February
2006.
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Any other Irish sea-fishing boat fishing for
ling, or a person on board such boat, fishing in the specified area may not
have or retain on board or land more than 1.5 tonnes of ling during this
period.
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It is prohibited to tranship or to engage in transhipment operations of
ling.
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1
Council Regulation (EC) No. 51/2006, O.J. L16,
20.1.2006, pp. 1-183.
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