SI No 29 of 2003

FISHING EFFORT AND ADDITIONAL CONDITIONS FOR MONITORING, INSPECTION AND SURVEILLANCE IN THE CONTEXT OF RECOVERY OF CERTAIN COD STOCKS ORDER 2003

I, Dermot Ahern, 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 ), and amended by section 4 of the Fisheries (Amendment) Act 1983 ( No. 27 of 1983 )) of 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 )), for the purpose of giving effect to Annex XVII of Council Regulation (EC) No 2341/2002 of 20 December 2002⁽¹⁾ hereby order as follows:

1.       (1)        This Order may be cited as the Fishing Effort and Additional Conditions for Monitoring, Inspection and Surveillance in the context of Recovery of Certain Cod Stocks Order 2003.

(2)        This Order shall come into operation on 1 February 2003.

2.       (1)        In this Order -

“the Annex” means Annex XVII to the Council Regulation;

“the Council Regulation” means Council Regulation (EC) No. 2341/2002 of 20 December 2002 and any future regulation of the Council of the European Union made after the making of this Order which amends, extends, replaces or consolidates (with or without modifications) the Council Regulation (as defined herein);

“designated port” means Galway, Greencastle, Killybegs and Rossaveal or such other port as may be designated from time to time by a sea fisheries protection officer stationed at Killybegs, Galway or Rossaveal;

“the Fisheries Monitoring Centre” means the Fisheries Monitoring Centre, Naval Base Haulbowline, Co Cork;

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

“ICES zones” means those zones given, respectively, in Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the north east Atlantic (²) , and Council Regulation (EC) No 2597/95 of 23 October 1995 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic(³) ;

“Irish sea-fishing boat” means a fishing boat included on the Irish Register of Fishing Boats;

“length overall” in relation to a sea-fishing boat, means the distance in a straight line between the foremost point of the bow at the aftermost point of the stern. For the purposes of this definition:

(a)  the bow shall be taken to include the watertight hull structure, forecastle, stem and forward bulwark, if fitted, but shall exclude bowsprits and safety rails,

(b)  the stern shall be taken to include the watertight hull structure, transom, poop, trawl ramp and bulwark but shall exclude safety rails, bumkins, propulsion machinery, rudders and steering gear, and divers' ladders and platforms, and

(c)  the length overall shall be measured in metres with an accuracy of two decimals;

“master”, in relation to a sea-fishing boat, includes a person in charge of the boat;

“Member State” means a Member State of the European Communities other than the State;

“the Minister” means the Minister for Communications, Marine and Natural Resources;

“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);

“sea fisheries protection officer” means an officer of the Minister authorised by the Minister as a sea fisheries protection officer for the purposes of the Fisheries Acts 1959 to 2001 and of this Order and stationed at Galway, Killybegs or Rossaveal;

“a specified area” means -

(i) that part of ICES Division IIIa bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenøre to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen, or

(ii) that part of Division IIIa not covered by the area specified in paragraph (i) and ICES sub-area IV excluding the following ICES statistical rectangles:

52E6, 52E7, 52E8, 52E9, 52F0, 52F1, 52F2

51E6, 51E7, 51E8, 51E9, 51F0, 51F1, 51F2

50E6, 50E7 (⁴ ), 50E8 (⁵ ), 50F2 (⁶ )

49E6 (⁴ ), 49E7 (⁴ ), 49F3, 48F3

47F3 (⁶ )

6F3, 46F4, 46F5

45F3, 45F4, 45F5, 45F6

44F5, 44F6

or,

(iii) ICES Division VIa excluding that part which lies to the west of a line drawn by sequentially joining with straight lines the following geographical coordinates:

60°00'N, 04°00' W

59°45'N, 05°00'W

59°30'N, 06°00'W

59°00'N, 07°00'W

58°30'N, 08°00'W

58°00'N, 08°00'W

58°00'N, 08°30'W

56°00'N, 08°30'W

56°00'N, 09°00'W

55°00'N, 09°00'W

55°00'N, 10°00'W

54°30'N, 10°00'W.

“specified fishing gear” means fishing gears specified in Article 6;

(2)      A reference to an Article is a reference to an Article of this Order, unless it is indicated that reference to some other Article is intended.

(3)      A reference to a paragraph is a reference to a paragraph of the Article in which the reference occurs, unless it is indicated that reference to some other Article is intended.

3.        The provisions of this Order shall apply to sea-fishing boats specified in Article 4, operating in a specified area and deploying any specified fishing gears.

4.       (1)  The master of an Irish sea-fishing boat greater than or equal to 10 metres in length overall shall comply with the Annex.

(2)  The master of an Irish sea-fishing boat greater than or equal to 10 metres in length overall shall not cause or permit a person on board the boat to fail to comply with the Annex.

(3)  The master of a sea-fishing boat registered in a Member State greater than or equal to 10 metres in length overall shall comply with the Annex.

(4)  The master of a sea-fishing boat registered in a Member State greater than or equal to 10 metres in length overall shall not cause or permit a person on board the boat to fail to comply with the Annex.

5.       In this Order a day shall be the 24 hour period between 00.00 hours of a calendar day and 24.00 hours of the same calendar day.

6.       (1)        The following fishing gears are specified for the purposes of this Order:-

(a)        demersal trawls, seines or similar towed gears of mesh size equal to or greater than 100 mm except beam trawls;

(b)        beam trawls of mesh size equal to or greater than 80 mm;

(c)        static demersal nets including gill nets, trammel nets and tangle nets;

(d)        demersal longlines;

(e)        demersal trawls, seines or similar towed gears of mesh size between 70 mm and 99 mm except beam trawls; and

(f)        demersal trawls, seines or similar towed gears of mesh size between 16 mm and 31 mm except beam trawls.

7.       (1)        The master of an Irish sea-fishing boat when carrying on board any specified fishing gears in a specified area, shall be absent from port for not more than the number of days specified in Article 8 in relation to the respective specified fishing gears and specified area.

(2)      The master of a sea-fishing boat registered in a Member State, when carrying on board any of the specified fishing gears within a specified area, shall be absent from port for no more than the number of days specified in Article 8.

8.       The respective maximum number of days in any calendar month on which a sea-fishing boat may be absent from port while carrying on board any specified fishing gears are:

9.       (1)        Subject to paragraph 2 the master of an Irish sea-fishing boat, which is absent from port while carrying on board any specified fishing gears in a specified area, shall not simultaneously carry on board any other type of specified fishing gears.

(2)        Notwithstanding paragraph (1), the master of an Irish sea-fishing boat which is absent from port and in a specified area, may have on board more than one type of specified fishing gears only if:-

(a)  the boat is not engaging or has not engaged in fishing activity in a specified area, and

(b)  all specified fishing gears are securely lashed and stowed in accordance with the provisions of Article 20(1) of Council Regulation (EEC) No 2847/93(⁷) ). Any specified fishing gears which are not lashed and stowed in accordance with those provisions shall be considered to be in use in the specified area for so long as the boat was there.

(3)      Subject to paragraph (4) the master of a sea-fishing boat registered in a Member State, which is absent from port within the State while carrying on board any specified fishing gears in a specified area, shall not simultaneously carry on board any other type of specified fishing gears.

(4)  Notwithstanding paragraph (3), the master of a sea-fishing boat registered in a Member State, which is absent from port within the State and is in a specified area, may have on board more than type of specified fishing gears only if: -

(a)  the boat is not engaging or has not engaged in fishing activity in a specified area; and

(b)  all specified fishing gears are securely lashed and stowed in accordance with the provisions of Article 20(1) of Council Regulation (EEC) No 2847/93. Any specified gears which are not lashed and stowed in accordance with those provisions shall be considered to be in use in the specified area for so long as the boat was there.

(5)  The master of an Irish sea-fishing boat may, during a calendar month or during a period of two calendar months, deploy within a specified area a maximum of two types of specified fishing gears. Such types of specified fishing gears shall be deployed on different days and the total number of days available to such boats shall be no more than one half of the sum of the days allocated to each of the specified types of fishing gears.

(6)  The master of a sea-fishing boat registered in a Member State may, during a calendar month or during a period of two calendar months, deploy in a specified area a maximum of two types of specified fishing gears. Such types of specified fishing gears shall be deployed on different days and the total number of days available to such boats shall be no more than one half of the sum of the days allocated to each of the respective types of specified fishing gears.

10.     (1)        The master of an Irish sea-fishing boat, which has deployed any type of specified fishing gears in any specified area may not deploy the same type of specified fishing gears in another specified area on more days than are specified in Article 8 for a calendar month, or for an alternative period determined under Article 12, minus the total number of days on which the type of fishing gears has already been deployed in any other specified area in that month or alternative period.

(2)        The master of a sea-fishing boat registered in a Member State, which has deployed any type of specified fishing gears in any specified area may not deploy the same type of specified fishing gears in another specified area on more days than are specified in Article 8 for a calendar month, or for an alternative period determined under Article 12, minus the total number of days on which the type of fishing gears has already been deployed in any other specified area in that month or alternative period.

11.     A sea fisheries protection officer, having considered logbook returns provided by the master of an Irish sea-fishing boat or by an agent, may authorize the transfer of a maximum of 20% of the days to which such a boat is eligible from one calendar month to the following calendar month or from an alternative period determined under Article 12 to the next respective alternative period.

12. Notwithstanding Article 8, a sea fisheries protection officer may authorise, having considered an application by the master of an Irish sea-fishing boat or an agent, the aggregation of days absent from port either-

 (a)       within any period of not more than two consecutive calendar months, or

 (b)       within any period of not more than four consecutive calendar months where the Minister has directed that Irish sea-fishing boats remain in port to avoid the capture of spawning fish during any part of that period.

13.     (1)        The provisions of Title IIA of Council Regulation (EEC) No 2847/93 as amended, in so far as they relate to notification of entry into, exit from or re-entry into a specified area shall be applied in the following manner-

 (a)       The master of an Irish sea-fishing boat deploying any specified fishing gears shall communicate to the Fisheries Monitoring Centre by telex, fax, telephone message, or by radio station via a radio station approved under Community legislation for the reception of such reports, information as required under Council Regulation (EEC) No 2847/93 as amended, on each occasion that the boat enters, exits or re-enters a specified area.

(2)        An Irish sea-fishing boat equipped with functioning real-time automatic monitoring system recognized under Community legislation shall be exempt from the conditions laid down in paragraph 1(a).

14.     (1)        The master of an Irish sea-fishing boat deploying any specified fishing gears in any part of a specified area which is within the exclusive fishery limits of the State shall provide effort reports in accordance with the provisions of Title ILA of Council Regulation (EEC) No 2847/93 as amended, to the Fisheries Monitoring Centre.

(2)        The master of a sea-fishing boat registered in a Member State deploying any specified fishing gears in any part of a specified area which is within the exclusive fishery limits of the State shall provide effort reports in accordance with the provisions of Title IIA of Council Regulation (EEC) No 2847/93 as amended to the competent authority of the Member State of vessel registration only.

15.     (1)        Notwithstanding the provisions of Article 17, the master of an Irish sea-fishing boat deploying any specified fishing gears in a specified area shall not land cod of a quantity in excess of 1 tonne at an Irish port or landing place unless a sea fisheries protection officer approves the landing of cod.

(2)        Notwithstanding the provisions of Article 17, the master of a sea-fishing boat registered in a Member State deploying any specified fishing gears in a specified area shall not land cod of a quantity in excess of 1 tonne at an Irish port or landing place unless a sea fisheries protection officer approves the landing of cod.

16.     (1)        The master of an Irish sea-fishing boat or the agent, deploying any specified fishing gears in a specified area shall give at least four hours notice to the sea fisheries protection officer of the intention to land cod of a quantity in excess of 1 tonne at an Irish port or landing place, or at a landing place outside the State. The notice shall include such information as the sea fisheries protection officer may require regarding the proposed port or place of landing, the estimated time of arrival at that place, the quantity of cod to be retained on board and the quantity of cod to be landed.

(2)        The master of a sea-fishing boat registered in a Member State or the agent, deploying any specified fishing gears in a specified area shall give to a sea fisheries protection officer at least four hours notice of the intention to land cod of a quantity in excess of 1 tonne at an Irish port or landing place. The notice shall include such information as the sea fisheries protection officer may require regarding the proposed port or place of landing, the estimated time of arrival at that port, the quantity of cod to be retained on board and the quantity of cod to be landed.

17.     (1)        The master of an Irish sea-fishing boat or the agent, deploying any specified fishing gears in a specified area shall not cause to be landed at any place within the State, cod of a quantity in excess of 2 tonnes other than at a designated port.

(2)        The master of a sea-fishing boat registered in a Member State or the agent deploying any specified fishing gears in a specified area shall not cause to be landed at any place within the State, cod of a quantity in excess of 2 tonnes other than at a designated port.

18.     (1)        An Irish sea-fishing boat shall not have on board in any individual box or other container any quantity of cod which has been caught in a specified area mixed with any other species of marine organism.

(2)        The master of an Irish sea-fishing boat shall not cause or permit the retention on board the boat in any individual box or other container any quantity of cod which has been caught in a specified area mixed with any other species of marine organism.

(3)        A sea-fishing boat registered in a Member State shall not have on board in any individual box or other container any quantity of cod which has been caught in a specified area mixed with any other species of marine organism.

(4)        The master of a sea-fishing boat registered in a Member State shall not cause or permit the retention on board the boat in any individual box or other container any quantity of cod which has been caught in a specified area mixed with any other species of marine organism.

19.     The master of an Irish sea-fishing boat and the master of a sea-fishing boat registered in a Member State deploying any specified fishing gears in a specified area shall provide all reasonable assistance to a sea fisheries protection officer to enable the quantities of cod declared in the respective logbook and the quantity of cod on board the respective sea-fishing boat to be cross-checked for verification purposes.

20.     A sea fisheries protection officer may require that any quantity of cod caught in a specified area by an Irish sea-fishing boat or a sea-fishing boat registered in a Member State deploying any specified fishing gears in a specified area, be landed either at a designated port or a landing place approved by the sea fisheries protection officer and be weighed under the supervision of that officer prior to being transported from the designated port or place of landing.

21.     The master of an Irish sea-fishing boat and the master of a sea-fishing boat registered in a Member State deploying any specified fishing gears in a specified area shall ensure that all quantities of cod caught by the respective sea-fishing boat in a specified area, which are transported to a place other than the place of landing or import, shall be accompanied by a copy of one of the declarations provided for in Article 8(1) of Council Regulation (EEC) No 2847/93 as amended, pertaining to the quantities of fish transported. In a prosecution for an infringement of this Order it shall not be a defence to claim an exemption under Article 13(4)(b) of Council Regulation (EEC) No 2847/93.

22.     In a prosecution for an infringement of this Order it shall be for the person charged to establish a defence by reference to any exclusion, qualification or exception to the relevant obligation provided for by this Order and it shall be presumed, until the contrary is proved, that there is no such defence in this particular case.

23.     Where, in proceedings in which a contravention of this Order is alleged, it is proved that -

(a)  any specified fishing gear or fishing gears were found on board an Irish sea-fishing boat or a sea-fishing boat registered in a Member State, other than as provided for under Article 9, and

(b)  at the time when the specified fishing gears were so found the sea-fishing boat concerned was in a specified area,

it shall be presumed until the contrary is proved that all specified fishing gears were deployed in a specified area.

EXPLANATORY NOTE

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

This Order transposes into Irish law the provisions of Annex XVII to Council Regulation (EC) No 2341/2002 which apply from 1 February 2003 to sea-fishing boats equal to or greater than 10 metres in length overall deploying specified fishing gears in any of three specified cod recovery areas, namely parts of ICES Division IIIa, part of ICES sub-area IV and part of Division VIa.

Masters or other persons in charge of the Irish sea-fishing boats in question and operating in any of the specified areas will be restricted if deploying any of six specified types of fishing gears to carrying on board not more than one of the specified types of fishing gears. They will be required to give advance notice of landings to Sea Fisheries Officers, and must obtain the prior approval of the relevant Sea Fisheries Officer to land cod in excess of 1 tonne into ports or landing places. Quantities of cod in excess of 2 tonnes may only be landed into designated ports.

The Order also sets out the maximum number of days in a calendar month on which a sea-fishing boat is permitted to be absent from a port depending on the type of specified fishing gears being used. It also sets out rules regarding the use of more than one type of specified fishing gears during a period.

Published by the Stationery Office, Dublin

⁽¹⁾ O.J. No L356, 31.12.02 pg 118

² O.J. No L351, 28.12.2002 p.6

O.J. No. L365, 31.12.1991, p.1. Regulation as amended by Commission Regulation (EC) No. 1637/2001 (O.J. No. L. 222, 17.8.2001, p. 20)

³ O.J. No. L 270, 13.11.1995, p.1. Regulation as amended by Commission Regulation (EC) No. 1637/2001 (O.J.No. L 222, 18.18.2001, p.29)

⁴ North of a straight line drawn between 60 00'N, 04 03'W and 61 00'N, 01 43'W.

⁵ North of a straight line drawn between 61 00'N, 02 00'E and 60 30'N, 03 00'E.

⁶ East of a straight line drawn between 59 30'N, 03 00'E and 59 00'N, 03 30'E

⁴ North of a straight line drawn between 60 00'N, 04 03'W and 61 00'N, 01 43'W.

⁴ North of a straight line drawn between 60 00'N, 04 03'W and 61 00'N, 01 43'W.

⁶ East of a straight line drawn between 59 30'N, 03 00'E and 59 00'N, 03 30'E

⁷ OJ NO L 261, 20.10.1993 p. 1