S.I. No. 177/2006 - Sea Fisheries (Conservation and Rational Exploitation of Cod in the North Sea and to the West of Scotland) Regulations 2006


S.I. No. 177 of 2006

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION OF COD IN THE NORTH SEA AND TO THE WEST OF SCOTLAND) 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 14 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No.8 of 2006), and the Marine (Delegation of Ministerial Functions) (No.2) Order 2006 (No. 167 of 2006), and for the purpose of giving effect to Commission Regulation (EC) No. 2056/20011 of 19 October 2001 establishing additional technical measures for the recovery of the stocks of cod in the North Sea and to the west of Scotland hereby make the following Regulations:

1.  These Regulations may be cited as the Sea Fisheries (Conservation and Rational Exploitation of Cod in the North Sea and to the West of Scotland) Regulations 2006.

2.  (1) In these Regulations, unless the context otherwise requires—

“Commission Regulation” means Commission Regulation (EC) No. 2056/20011 of 19 October, 2001 and any future Regulation of the Commission or the Council made after the making of these Regulations which amends, extends, replaces or consolidates (with or without modification) the Commission Regulation (as defined herein);

“cod” means gadus morhua.

(2)  A word or expression that is used in these regulations and is also used in the Commission Regulation has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Commission Regulation.

3.  A contravention of any provision of the Commission Regulation relating to:

(a)  sea-fishing boats within the exclusive fishery limits of the State; or

(b)  an Irish sea-fishing boat wherever it may be,

or a failure to comply with an obligation imposed by the Commission so relating, other than an obligation imposed on the State, shall, for the purposes of subsection (3) of section 14 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 be deemed to be a contravention of these Regulations and the provisions of that Act relating to a contravention of a regulation under the said section 14 shall accordingly apply thereto.

4.  The mesh size of nets and the thickness of twines shall be measured for the purposes of these Regulations in accordance with the provisions of Commission Regulation (EC) No. 129/20032 of 24 January 2003 and any future Regulation of the Commission or the Council which amends, extends, replaces or consolidates (with or without modification) the said Commission Regulation (EC) 129/2003.

GIVEN under my hand,

13th April 2006

JOHN BROWNE

Minister of State at the Department of

Communications,

Marine and Natural Resources

EXPLANATORY NOTE

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

These Regulations transpose into Irish law Commission Regulation (EC) No. 2056/2001 of 19 October, 2001 (as may be amended or extended or replaced or consolidated, with or without modification) which establishes certain technical measures for the recovery of the stock of cod in the North Sea and to the west of Scotland, and provides that any infringement of the Commission Regulation is an infringement of these Regulations.

1 O.J. L277/13 of 20.10.2001

1 O.J. L277/13 of 20.10.2001

2 O.J. L 022 of 25.1.2003