S.I. No. 648/2004 - Horse Mackerel (Fisheries Management and Conservation) Regulations 2004

Statutory Instruments

SI No. 648 of 2004

Horse Mackerel (Fisheries Management and Conservation) Regulations 2004

S.I. No. 648 of 2004

HORSE MACKEREL (FISHERIES MANAGEMENT AND CONSERVATION) Regulations 2004

I, Noel Dempsey, Minister for 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 )), hereby make the following regulations:

1.           These Regulations may be cited as the Horse Mackerel (Fisheries Management and Conservation) Regulations, 2004.

2.           These Regulations shall have effect from 7 October 2004.

3.           In these Regulations —

“horse mackerel” means trachurus trachurus;

“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.

“specified area” means ICES sub-areas Vb, VI, VII, VIIIa,b,d,e, XII, XIV as described in Communication (85/C347/05) from the Commission of the European Economic Community on the description of the ICES sub-areas and divisions used for the purpose of fishing statistics and regulations in the North East Atlantic;

4.           Neither an Irish sea-fishing boat nor a person on board an Irish sea-fishing boat shall engage in fishing for horse mackerel in the specified area and the master of an Irish sea-fishing boat shall not cause or permit the boat or any person on board to engage in such fishing in the specified area.

5.           (1)         An Irish sea-fishing boat shall not have horse mackerel on board within the specified area.

(2)         The master of an Irish sea-fishing boat shall not cause or permit the boat or any person on board to have horse mackerel 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 horse mackerel from an Irish sea-fishing boat.

7.           (1)         In a prosecution for an offence under Regulation 6 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 of horse mackerel in contravention of that Regulation;

(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 horse mackerel were received on board the boat otherwise than in the course of fishing,

(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.

(2)         In a prosecution for an offence under Regulation 5 of these Regulations, it shall be a defence for the defendant to prove that the horse mackerel to which the prosecution relates -

(a)         were taken in the course of fishing that did not contravene Regulation 4 of these Regulations, or

(b)         were taken outside the specified area.

EXPLANATORY NOTE

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

The effect of these Regulations is to prohibit fishing for, transhipment or having on board horse mackerel by Irish sea-fishing boats in ICES sub-areas Vb, VI, VII, VIIIa,b,d,e, XII and XIV with effect from 7 October 2004.