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S.I. No. 19 of 2006
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Mackerel (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) as amended by 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 ( S.I. No. 843 of 2005 )), hereby make the following
regulations:
1. These
Regulations may be cited as the Mackerel (Fisheries Management and
Conservation) Regulations 2006.
2. These
Regulations come into operation on 27 January 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 polyvalent vessel” means a boat entered in the Register of
Fishing Boats which is licensed as a polyvalent vessel under Section 222B of
the Fisheries (Consolidation) Act 1959 (as amended and restated by Section 4
of the Fisheries (Amendment) Act 2003 );
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“mackerel” means Scomber scombrus;
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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 ;
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“registered length” means the length of a vessel established in
accordance with the Merchant Shipping (Tonnage) Regulations 1984 ( S.I. No.
369 of 1984 );
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“specified area” means waters falling within ICES sub-areas VI,VII,XII and XIV and divisions IIa
(non EC waters) IVa, Vb
(Community Waters), VIIIa, b, d and e, 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 polyvalent vessel under 65 feet registered length shall
not engage in or cause or permit any person on board to engage in fishing
for mackerel in the specified area.
5. (1) An
Irish polyvalent vessel under 65 feet registered length shall not have
mackerel on board within the specified area.
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(2) The
master of an Irish polyvalent vessel under 65 feet registered length shall
not cause or permit the boat or any person on board to have mackerel on
board within the specified area.
6. The
master of an Irish polyvalent vessel under 65 feet registered length shall
not cause or permit the boat to be used within the specified area for the
transhipment of mackerel.
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 polyvalent vessel concerned was, at the time of the alleged offence,
used for the transhipment of mackerel 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 mackerel 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 mackerel to which the prosecution
relates was taken outside the specified area.
8. Notwithstanding
anything contained in these Regulations, an Irish polyvalent vessel under 65
feet registered length fishing in the specified area or a person on board
the boat
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(a) may
only land or tranship mackerel from such boat, whether within the specified
area or elsewhere, if the mackerel 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.
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(b) may
at all times, subject to paragraph (c), retain on board up to 50% more
mackerel than the maximum amount of mackerel 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 mackerel retained
on board such boat does not exceed the maximum amount of mackerel permitted
in paragraph (a). 9.
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(1) The
Mackerel (Fisheries Management and Conservation) (No. 8) Regulations 2005
(S.I. 887 of 2005) are amended by substituting for Regulation 2 of those
Regulations the following Regulation:
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“2. These Regulations come into
operation on 3 January 2006 and cease to have effect on 5 February 2006.”
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(2) This
amendment takes effect on 27 January 2006.
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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 for 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 mackerel by Irish
polyvalent vessels under 65 feet registered length in ICES sub-areas VI,VII,XII and XIV and divisions IIa
(non EC waters) IVa, Vb
(Community Waters), VIIIa, b, d and e, with effect
from 27 January 2006.
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These Regulations also extend the closure period of the mackerel fishery
for Irish polyvalent vessels over 65ft registered length until Sunday 5
February 2006.
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1 Council Regulation (EC) No. 27/2005,
O.J. L12, 14.1.2005, pp. 1-151.
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