S.I. No. 647/2004 - Blue Ling (Fisheries Management and Conservation) (No. 3) Order 2004

Statutory Instruments

S.I. No. 647 of 2004

Blue Ling (Fisheries Management and Conservation) (No. 3) Order 2004

S.I. No. 647 of 2004

Blue Ling (Fisheries Management and Conservation) (No. 3) Order 2004

I, Noel Dempsey, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 223A (inserted by section 9 of the Fisheries (Amendment) Act 1978 (No. 18 of 1978) as amended by section 4 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 )), hereby order as follows:

1.           This Order may be cited as the Blue Ling (Fisheries Management and Conservation) (No. 3) Order 2004.

2.           This Order comes into operation on 7 October 2004.

3.           In this Order —

“Blue Ling” means Molva dypterygia;

“ICES” means the International Council for the Exploration of the Sea;

“Irish sea-fishing boat” means a boat entered in the Register of Fishing Boats or in the EU Community Fishing Fleet Register;

“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 2004, or, as the case may be, each subsequent year thereafter;

“specified area” means waters falling within ICES zones VI and VII 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 fishing in the specified area or a person on board the boat may only land or tranship Blue Ling from such boat, whether within the specified area or elsewhere, if the Blue Ling landed or transhipped does not exceed 5 per cent by weight of the total catch of all species of fish subject to quotas landed or transhipped on any occasion.

5.   In a prosecution for an offence under Article 4 of this Order 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 Blue Ling in contravention of that Article:

(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 Blue Ling were landed or transhipped contrary to that Article,

(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

(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.

7.   The master of an Irish sea fishing boat fishing in the specified areas shall, before each landing or transhipment of deep sea fish stocks 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 deep sea fish stocks concerned.

8.   The following are revoked:

(a)   the Blue Ling (Fisheries Management and Conservation) Order 2004 ( S.I. No. 484 of 2004 ), and

(b)   the Blue Ling (Fisheries Management and Conservation) (No. 2) Order 2004 ( S.I. No. 556 of 2004 ).

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation).

This Order introduces a new management regime for landings and transhipments of Blue Ling caught by Irish sea fishing boats in ICES Divisions VI and VII with effect from 7 October 2004.

The Order allows Irish sea-fishing boats to land or tranship Blue Ling caught in ICES Divisions VI and VII provided that the Blue Ling may not exceed 5% by weight of the total catch of quota species landed or transhipped on any occasion.