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S.I. No. 15 of 2006
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Celtic
Sea Herring
(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 Celtic Sea Herring (Fisheries Management and
Conservation) Regulations 2006.
2. These
Regulations come into operation on 24
January 2006.
3. In
these Regulations -
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“herring” means Clupea harengus;
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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 20061 or,
as the case may be, each subsequent year thereafter;
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“specified area” means the Celtic
Sea, or that part of the
exclusive fishery limits of the State that lies south of the line of
latitude of 52°30' North.
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 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
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
herring than the maximum amount of herring 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 herring retained on board such
boat does not exceed the maximum amount of herring 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 herring 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 herring 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 area shall,
before each landing or transhipment of herring 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 herring
concerned.
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GIVEN
under my Hand,
22 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 allow Irish sea-fishing boats
to land or tranship herring caught in the Celtic Sea, or that part of the exclusive
fishery limits of the State that lies south of the line of latitude of
52°30' North, from 24 January 2006, provided that the herring does not
exceed 5% by weight of the total catch 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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