Statutory Instruments.

SI No 225 of 2004

COD (FISHERIES MANAGEMENT AND CONSERVATION) (NO 5) ORDER, 2004

SI No 225 of 2004

Cod (Fisheries Management and Conservation) (No 5) Order 2004.

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 ( 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 Cod (Fisheries Management and Conservation) (No 5) Order 2004

2.           This Order shall come into operation on 01 June 2004 and shall cease to have effect from 30 June 2004.

3.                   (1)          In this Order -

“the specified area” means the parts of the sea described in the Annex to the Communication and therein referred to as ICES sub-areas VII, (excluding Sub-area VIIa) (E.C. Zone) and stock area code COD/7X7A34;

“cod” means Gadus morhua

“the Council Regulation” means Council regulation (EC) no. 2287/2003 of 19 December 2003 and any future Regulation of the Council made after the making of these Regulations which amends, extends, replaces or consolidates (with or without modification) the Council Regulation (as defined herein);

“length”, in relation to a sea-fishing boat, means the distance in a straight line between the foremost point of the bow and the aftermost point of the stern.

“Sea-fishing boat” means a boat registered on the Iris se-fishing boat register or on the Eu Community Fishing Fleet Register.

“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 2003 and of these Regulations.

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

(2)          In this Regulation -

“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 fishing statistics and regulations in the North East Atlantic(¹) ;

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

(3)   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.

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

(5)   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.

4.           (1)         From 01 June 2004 an Irish sea-fishing boat, or a person on board such boat, fishing in the specified area shall not have or retain on board more than 1.5 tonnes of cod during the period from 01 June 2004 to 30 June 2004, nor land more than that quantity during this period.

(2)         Notwithstanding the provisions of sub-paragraph (1) of this Regulation, from 01 June 2004 an Irish sea-fishing boat of length greater than or equal to 55 feet, or a person on board such boat, and fishing in the specified area shall not have or retain on board more than 3 tonnes of cod during the period from 01 June 2004 to 30 June 2004 nor land more than that quantity of cod during this period.

5.           From 01 June 2004 the master or other person for the time being in charge of an Irish sea fishing boat shall not cause or permit such boat to be used in the specified area for the transhipment of cod or cause or permit such boat to engage in transhipment operations at sea.

6.           (1)         The master or other person for the time being in charge of an Irish sea-fishing boat shall, prior to the commencement of each voyage, inform a Sea Fisheries Protection Officer of the expected port at which the licensed vessel shall land cod on completion of that voyage;

(2)         The master or other person for the time being in charge of an Irish sea-fishing boat, if requested by a Sea Fisheries Protection Officer may not land cod at any port or place unless, on each occasion a Sea Fisheries Protection Officer has given prior approval of such landing.

7.           In a prosecution for an offence under Regulation 4 or 5 of this Order, the following shall be prima facie evidence that the sea-fishing boat concerned was, at the time of the alleged offence, used for the landing or transhipment of cod in contravention of the said Regulation 4 or 5;

(a)   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 cod were landed or transhipped contrary to the said Regulation 4 or 5;

(b)   any admission by any person who is for the time being the master or other person in charge, or another member of the crew, of such sea-fishing boat that at such time she was so used,

(c)   Any other matter from which it so appears that such sea-fishing boat was so used or which in the opinion of the Court suggests, or tends to suggest, that such sea-fishing boat was so used.

EXPLANATORY NOTE

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

This Order provides for a management regime for the cod fishery in area VII (excl VIIa) with effect from 01 June 2004.

From that date, an Irish sea-fishing boat equal to or greater than 55 feet in length, or a person on board such boat, may not have or retain on board or land more than 3 tonnes of cod during the period from 01 June 2004 to 30 June 2004. All other Irish sea-fishing boats fishing for cod or a person on board such boat may not have or retain on board or land more than 1.5 tonnes of cod during this period.

It is prohibited to tranship or to engage in transhipment operations of cod.

(¹) O.J. C.347/14 of 31/12/85