Statutory Instruments

S.I. No. 241 of 2005

Monkfish Order 2005

SI No. 241 of 2005

MONKFISH ORDER 2005

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 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 )) and the Marine (Delegation of Ministerial Functions) (No. 2) Order 2004 ( S.I. No. 703 of 2004 ), hereby make the following order:

1.     This Order may be cited as the Monkfish Order 2005

2.     This Order comes into operation on 20 May 2005.

3.     In this Order -

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

“Irish sea-fishing boat” means a fishing boat entered in the Register of Fishing Boats;

“monkfish” means Lophiidae;

“specified areas” means waters falling within ICES sub-area VII and stock area code ANF/07, and waters falling within ICES sub-area Vb (EC waters), VI, XII, XIV and stock area code ANF/561214 as described in Communication (85/C347/05) from the Commission of the European Communities on the description of the ICES sub-areas and divisions used for the purposes of fishing statistics and regulations in the North East Atlantic.

4.     The master of an Irish sea fishing boat shall not cause or permit the boat to be used in the specified areas or parts thereof for the transhipment of monkfish or cause or permit such boat to engage in transhipment operations at sea.

5.     (1) The master of an Irish sea-fishing boat shall, prior to the commencement of each voyage, inform a sea fisheries protection officer, by telephone, of the expected port as set out in the Schedule, at which the boat shall land monkfish on completion of the voyage.

(2) The master of an Irish sea-fishing boat or his or her representative shall give at least four hours notice to a sea fisheries protection officer, by telephone, of his intention to land monkfish of a quantity in excess of 150 kilograms at a port or landing place in the State or at a landing place outside the State as set out in the Schedule. The master or his or her representative shall provide the following information:

(a)  the name of the vessel,

(b)  the name of the port,

(c)  the estimated time of arrival at the port, and

(d)  the quantities in kilograms (live weight) of monkfish on board.

6.     The Minister may attach to a monkfish licence granted under the Monkfish Licensing Regulations 2005 (S.I.. No. 239 of 2005) any or all of the following additional conditions -

(a)  designating the ports of landing, which will be specified in the licence;

(b)  requiring a fully functioning vessel monitoring system, as provided for in Council Regulation (EC) No. 2371/2002 of 20 December 2002 and Commission Regulation (EC) No. 2244/2003 of 18 December 2003, in operation while the boat is in port and prior to leaving port to engage in fishing activity;

(c)  prohibiting the landing or transhipment of monkfish other than at a designated port and within specified hours;

(d)  requiring that all monkfish landed is weighed in the presence of a sea fishery protection officer;

(e)  requiring the separate storage of monkfish on board the boat;

(f)  requiring the authorisation by a sea-fisheries protection officer for the landing of monkfish;

(g)  requiring the provision of assistance to sea-fisheries protection officers in carrying out their duties;

(h)  requiring the facilitation of the placing of any person appointed by the Department of Communications, Marine and Natural Resources on board the boat for the purposes of ensuring compliance with the requirements of the monkfish licence, fisheries legislation, scientific observation, or otherwise,

and any condition attached to the monkfish licence is deemed to be a condition for the proposes of those Regulations.

7.     The master of a an Irish sea-fishing boat or his or her representative shall not contravene any condition of this Order relating or cause or permit such a contravention.

SCHEDULE

Article 5

For the purpose of Article 5 of this Order the following contact numbers should be used:

GIVEN under my hand,

17 May 2005

Pat the Cope Gallagher

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).

The effect of this Order is to establish controls for all boats fishing for monkfish.

This Order also provides for additional control measures that may apply to holders of a monkfish licence.

This Order shall come into operation on 20 May 2005.

Published by the Stationery Office, Dublin