S.I. No. 547/2005 - European Communities (Sea Fisheries) Irish Sea Herring Fishing (Licensing) Regulations 2005
EUROPEAN COMMUNITIES (SEA FISHERIES) IRISH SEA HERRING FISHING (LICENSING) REGULATIONS 2005 | ||||
I, Noel Dempsey, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving full effect to Council Regulation (EC) No. 27/20051 of 22 December 2004, hereby make the following regulations: 1. These Regulations may be cited as the European Communities (Sea Fisheries Irish Sea Herring Fishing (Licensing) Regulations 2005. 2. (1) In these Regulations — | ||||
“authorised vessel” means an Irish sea-fishing boat in relation to which a herring authorisation has been granted; | ||||
“the Communication” means the Communication (85/C347/05) from the Commission of the European Communities on the description of the ICES sub-areas and divisions used for the purpose of fishery statistics and regulations in the north east Atlantic2 ; | ||||
“Council Regulation” means Council Regulation (EC) No. 27/20051 of 22 December 2004; | ||||
“herring” means Clupea harengus; | ||||
“herring authorisation” means an authorisation granted under Regulation 4 of these Regulations; | ||||
“ICES” means the International Council for the Exploration of the Sea; | ||||
“Irish sea-fishing boat” means a boat equal to or greater than 10 metres in length overall and entered in the Register of Fishing Boats; | ||||
“master” in relation to a sea-fishing boat, means the master, skipper or other person for the time being in charge of the boat; | ||||
“Minister” means the Minister for Communications, Marine and Natural Resources; | ||||
“owner” in relation to a sea-fishing boat, means the person registered as its owner or, if no such person is registered, the person who owns the boat, and includes any part owner, charterer, hirer or operator of the boat; | ||||
“pair fishing” means the towing or hauling of a trawl, seine or other net in the sea from an authorised vessel with another Irish sea-fishing boat for the purpose of taking herring; | ||||
“Register of Fishing Boats” means the Register of Fishing Boats established and maintained pursuant to the Merchant Shipping Act 1894 (as adapted and amended by any subsequent enactments); | ||||
“specified area” means waters falling within ICES (International Council for the Exploration of the Sea) sub-area VIIa, as described in the Communication, and between the line of latitude 55° north and the line of latitude 50° 30' north. | ||||
(2) A word or expression that is used in these Regulations and is also used in the Council Regulation has, unless the contrary intention appears the same meaning in these Regulations as it has in the Council Regulation. | ||||
(3) In these Regulations, unless otherwise indicated- | ||||
(a) a reference to a Regulation is a reference to a Regulation of these Regulations, and | ||||
(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs. 3. (1) A person who is the owner, charterer or hirer of an Irish sea-fishing boat shall not cause or permit - | ||||
(a) the boat or any person on board the boat to fish for herring in the specified area, or | ||||
(b) the landing or transhipment from, or retention on board, the boat of herring taken in the specified area | ||||
otherwise than in accordance with a herring authorisation granted under Regulation 4 to him or her. | ||||
(2) A person on board an Irish sea-fishing boat shall not- | ||||
(a) fish for herring from such a boat in the specified area or land or tranship from or retain on board such a boat herring taken on board that boat in the specified area, or | ||||
(b) land or tranship from or retain on board such a boat herring taken on board that boat in the specified area | ||||
otherwise than in accordance with herring authorisation granted under Regulation 4. 4. (1) The Minister may, in accordance with and subject to the need to conserve the State's annual herring quota in the specified area, upon the application of any person who is the owner, charterer or hirer of an Irish sea-fishing boat in relation to which there is in force a licence under section 222B (inserted by the Fisheries (Amendment) Act 1983 of the Fisheries (Consolidation Act) 1959 and which is entered in the Register of Fishing Boats and upon being furnished by the person with any information which the Minister may reasonably require in relation to the application, grant to the person an authorisation (“herring authorisation”) authorising, subject to this Regulation, the fishing for herring from that boat in the specified area or such part thereof as mentioned in the authorisation and the landing or transhipment of herring taken in that area or such part thereof during such period as mentioned in the authorisation. | ||||
(2) Without prejudice to Regulation 6, an authorisation under this Regulation shall stand revoked if the holder of the authorisation ceases to be the owner, charterer or hirer of the boat to which the authorisation relates or ceases to hold a licence granted under section 222B of the Fisheries (Consolidation) Act 1959 in respect of the boat or the boat ceases to be registered in the Register of Fishing Boats. | ||||
(3) An authorisation under this Regulation shall be subject to any or all of the following conditions as the Minister thinks fit and specifies in the authorisation, namely conditions- | ||||
(a) specifying the duration of the authorisation; | ||||
(b) restricting the quantity of herring that may be taken on board a particular boat in the specified area or part thereof, or in respect of herring so taken, that may be landed or transhipped from or retained on board the vessel, | ||||
(c) prohibiting the landing or transhipment of herring other than at specified places; | ||||
(d) requiring the keeping by the master of the boat of specified records in relation to the activities of the boat; | ||||
(e) requiring the master of the boat concerned at all times, on a request being made of him or her in that behalf, to facilitate the boarding and inspection of the boat and inspection of the authorisation and any records kept on board the boat in relation to the boat (whether the request is made pursuant to the authorisation or otherwise by a sea fisheries protection officer and the taking of copies of the authorisation or any such records by such an officer; | ||||
(f) requiring the master of the boat to facilitate the placing of any person appointed by the Minister on board the vessel for the purposes of ensuring compliance with the requirements of the authorisation, fisheries legislation generally and scientific observation or otherwise; | ||||
(g) requiring the keeping of the authorisation on the boat concerned; or | ||||
(h) requiring the surrender of the authorisation by the holder to the Minister or a sea fisheries protection officer upon its expiry or revocation. 5. Where an Irish sea-fishing boat fishes in contravention of Regulation 3 the master and the owner of the boat shall each be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000. 6. The Minister may, if he or she is satisfied that there has been, as respects the herring fishing, a failure to comply with any enactment or any Act adopted by an institution of the European Communities or with a condition specified in an authorisation granted under Regulation 4 by the holder of the authorisation or the master of the vessel to which the authorisation relates, revoke the authorisation. 7. The Minister may amend or revoke a condition of an authorisation or insert a new condition (being a condition referred to in Regulation 4(3)) in an authorisation and the condition as so amended, revoked or inserted shall be regarded as being specified in the authorisation. 8. In a prosecution for an offence under Regulation 5 the following shall be prima facie evidence that the Irish sea-fishing boat concerned was, at the time of the alleged offence, engaged in fishing for herring in contravention of Regulation 3- | ||||
(a) any herring on board such sea-fishing boat, | ||||
(b) any nets or other equipment or articles on board such sea-fishing boat indicating use of the boat for fishing, the retention, storage on board, trans-shipment or landing of herring, | ||||
(c) 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 the sea-fishing boat was engaged in fishing for herring contrary to Regulation 3, | ||||
(d) any admission by any person who is for the time being the master or another member of the crew, of such sea-fishing boat that at such time she was so used, or | ||||
(e) any photographic evidence from which it so appears that the sea-fishing boat was so used or which in the opinion of the court suggests, or tends to suggest, that the sea-fishing boat was so used. 9. The Irish Sea Herring Fishing (Licensing) Order, 1986 ( S.I. No. 258 of 1986 ) is revoked. | ||||
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EXPLANATORY NOTE | ||||
(This note is not part of the instrument and does not purport to be a legal interpretation.) | ||||
These Regulations establish an authorisation regime to facilitate the orderly management of herring fishing in the Irish Sea. | ||||
1 O.J. L12, 14.1.2005, pp. 1-151 |