Statutory Instruments.

SI No. 762 of 2004

Sea Fisheries (Conservation and Rational Exploitation of Hake) Regulations, 2004

SI No 762 of 2004

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION OF HAKE) REGULATIONS 2004

I, Pat the Cope Gallagher, 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) (No. 2) Order 2004 ( S.I. No. 703 of 2004 )), hereby make the following Regulations:

1.   (1) These Regulations may be cited as the Sea Fisheries (Conservation and Rational Exploitation of Hake) Regulations 2004.

(2) These Regulations come into operation on 6 December 2004.

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

“Council Regulation” means Council Regulation (EC) No. 811/2004 of 21 April 2004⁽¹⁾ 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);

“hake” means Merluccius merluccius;

“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 (²) on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic, and Council Regulation (EC) No. 2597/95 of 23 October 1995 (³ ) on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic;

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

“Sea-fishing boat” means a boat registered on the Register of Fishing Boats, on the EU Community Fishing Fleet Register, or a Third country fishing vessel;

“specified area” means waters falling within ICES (International Council for the Exploration of the Sea) sub-areas Vb (Community waters), VI, VII, XII and XIV;

(2)     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.

3.   The provisions of the Council Regulation (being measures for the conservation and rational exploitation of hake) in so far as they relate to the exclusive fishery limits of the State are hereby prescribed and adopted and accordingly any infringement of the Council Regulation within these limits after the commencement of these Regulations shall be an infringement of these Regulations.

4.   In a prosecution for an infringement of the Council Regulation in respect of which provision is made in the Council Regulation for an exclusion, qualification, or exception to, the relevant obligation imposed by the Council Regulation which would be capable of constituting a defence to the charge, it shall be for the person charged to establish any such defence and it shall be presumed, until the contrary is proved, that there is no such defence in the particular case.

5.   The ports designated for the purpose of the Regulation are Killybegs, Rossaveal, Dingle, Castletownbere, Dunmore East, Howth.

6. (1)   The master of a sea-fishing boat or the agent shall give to a sea fisheries protection officer not less than 4 hours notice of his intention to make a landing. The telephone contact details for the ports designated under Regulation 5 are as follows:

(2)  The notification must include such information as the sea fisheries protection officer may require, including:

•     the name of the vessel;

•     the port of landing;

•     the estimated time of arrival at that port;

•     the quantities in kilograms live weight by species retained on board; and

•     contact details.

7.         The master of a sea-fishing boat, or the agent, shall provide all reasonable assistance to a sea fisheries protection officer to enable the quantities of hake declared in the respective logbook and the quantity of hake on board the respective sea-fishing boat to be cross-checked for verification purposes.

8.         In a prosecution for an infringement of these Regulations 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 these Regulations and it shall be presumed, until the contrary is proved, that there is no such defence in this particular case.

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 the provisions of Council Regulation (EC) No 811/2004 establishing measures for the recovery of the Northern hake stock. It determines notification arrangements (4 hours advance notification required) and designated ports for the landing of quantities of hake in excess of 2 tonnes.

The Regulation shall come into operation on 6 December 2004.

Published by the Stationery Office, Dublin

¹ O.J.L 150/1, 30.4.2004

² O.J.L 365/1, 31.12.1991, as amended by Commission Regulation (EC) No. 1637/2001 (O.J.L. 222/20 of 17.8.2001)

³ O.J.L 270/1, 13.11.1995, as amended by Commission Regulation (EC) No. 1638/2001 (O.J.L. 222/29 of 17.08.2001)