S.I. No. 85/2006 - Mackerel (Fisheries Management and Conservation) (No. 3) Regulations 2006

S.I. No. 85 of 2006

Mackerel (Fisheries Management and Conservation) (No. 3) Regulations 2006

I, John Browne, 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) Order 2006 (No. 82 of 2006)), hereby make the following regulations:

1.           These Regulations may be cited as the Mackerel (Fisheries Management and Conservation) (No. 3) Regulations 2006.

2.           These Regulations come into operation on 26 February 2006.

3.           In these Regulations -

“approved pair boat” means an Irish polyvalent vessel under 65 feet in registered length which has spent at least 30 days pair fishing for herring or mackerel in each of the previous four years with an Irish polyvalent vessel over 65 feet in registered length, as recorded on the Department's logsheet systems;

“Department” means the Department of Communications, Marine and Natural Resources;

“herring” means Clupea harengus;

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

“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 );

“mackerel” means Scomber scombrus;

“master” means, in relation to a sea-fishing boat, the master, skipper or other person for the time being in charge of the boat.

“pair fishing” means when two Irish polyvalent vessels tow or haul a trawl, seine or other net in the sea for the purpose of taking mackerel or herring;

“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;

“registered length” means the length of a vessel established in accordance with the Merchant Shipping (Tonnage) Regulations 1984 ( S.I. No. 369 of 1984 );

“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 sub-areas 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 approved pair boat or an Irish polyvalent vessel over 65 feet in 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 approved pair boat or an Irish polyvalent vessel over 65 feet in registered length shall not have mackerel on board within the specified area.

(2)         The master of an approved pair boat or an Irish polyvalent vessel over 65 feet in 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 approved pair boat or an Irish polyvalent vessel over 65 feet in 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 -

(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,

(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

(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.

(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 approved pair boat or an Irish polyvalent vessel over 65 feet in registered length fishing in the specified area or a person on board the boat

(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.

(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);

(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.           The Mackerel (Fisheries Management and Conservation) (No. 2) Regulations 2006 ( S.I. No. 59 of 2006 ) are revoked.

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 mackerel by Irish approved pair boats or Irish polyvalent vessels over 65 feet in 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 26 February 2006. These Regulations also revoke the Mackerel (Fisheries Management and Conservation) (No. 2) Regulations 2006 ( S.I. No. 59 of 2006 ).

¹ Council Regulation (EC) No. 51/2006, O.J. L16, 20.1.2006, pp. 1-183.