SI No 184 of 2003

MACKEREL (FISHERIES MANAGEMENT AND CONSERVATION) 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 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 order as follows:

1.           This Order may be cited as the Mackerel (Fisheries Management and Conservation) Order, 2003.

2.           This Order shall come into operation at midnight on the 09th day of May, 2003.

3.           (1)         In this Order -

“the specified area” means ICES sub-areas VI,VII,XII and XIV and divisions IIa (non EC waters) IVa, Vb (Community Waters), VIIIa,b,d and e specified in the Annex to the Communication from the Commission of the European Economic Communities on the description of the ICES sub-areas and divisions used for the purpose of fishing statistics and regulations in the North East Atlantic 85/C347/05.

(2)         In any proceedings in which a contravention of this Order is alleged prima facie evidence of the Communication may be given by the production of a copy of the Official Journal purporting to contain the Communication.

(3)         In this Article -

“the Communication” means the Communication from the Commission of the European Communities on the description of the ICES Sub-areas and Divisions used for the purpose of fishing statistics and regulations in the North East Atlantic ⁽¹⁾ ;

4.                        Neither an Irish sea-fishing boat of length greater than or equal to 55 feet nor a person on board such boat shall engage in fishing for mackerel in the specified area and the master of such 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 of length greater than or equal to 55 feet shall not have mackerel on board within the specified area.

(2)         The master of an Irish sea-fishing boat of length greater than or equal to 55 feet 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 Irish sea-fishing boat of length greater than or equal to 55 feet shall not cause or permit the boat to be used within the specified area for the transhipment of mackerel from an Irish sea-fishing boat.

EXPLANATORY NOTE

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

This Order prohibits with effect from midnight on the 09^th April 2003, fishing for, transhipment or having on board mackerel by Irish sea-fishing boats of length greater than or equal to 55 feet in ICES sub-areas and divisions IIa, IVa, Vb, VI, VII, VIIIa,b,d,e, XII and XIV. This fishery has been closed with effect from midnight on the 09^th of May, 2003, subject to allowance for a 5% by-catch provision.

Published by the Stationary Office, Dublin.

⁽¹⁾ O.J. C.347/14 of 31/12/85