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S.I. No. 43 of 2006
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Orange Roughy
(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 Orange Roughy
(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 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 20051 or, as the case may be, each subsequent
year thereafter;
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“Orange Roughy” means Hoplostethus
atlanticus;
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“specified area” means waters falling within ICES sub-areas I, II,
III, IV, V, VIII, IX, X, XII, XIV 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 Orange Roughy
in the specified area.
5. (1) An
Irish sea-fishing boat shall not have Orange Roughy
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 Orange Roughy 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 Orange Roughy.
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 Orange Roughy 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 Orange Roughy 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 Orange Roughy to which the prosecution relates was taken
outside the specified area.
8. The
Orange Roughy (Fisheries Management and
Conservation) (No. 17) Regulations 2005 ( S.I. No. 865 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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The effect of these Regulations is to prohibit
fishing for, transhipment or having on board Orange Roughy
by Irish sea-fishing boats in ICES sub-areas I, II, III, IV, V, VIII, IX, X,
XII, XIV with effect from 1 February 2006.
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1
Council Regulation (EC) No. 2270/2004, O.J. L396,
30.12.2004, pp.4-12.
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