STATUTORY INSTRUMENTS.

S.I. No. 444 of 1999.

HORSE MACKEREL (LICENSING) (No. 2) ORDER, 1999.

S.I. No. 444 of 1999.

HORSE MACKEREL (LICENSING) (No. 2) ORDER, 1999.

I, MICHAEL WOODS, Minister for the 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 (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 301 of 1997 )), hereby order as follows:

1. This Order may be cited as the Horse Mackerel (Licensing) (No. 2) Order, 1999.

2. (1) In this Order--

“the Act of 1959” means the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959) ;

“horse mackerel” means trachurus trachurus;

“horse mackerel licence” shall be construed in accordance with Article 3 of this Order;

“licensed vessel” means an Irish sea-fishing boat in relation to which there is in force a valid horse mackerel licence;

“pair fishing” means, in relation to a licensed vessel, the towing or hauling of a trawl, seine or other net in the sea by such vessel jointly with another licensed vessel for the purpose of catching horse mackerel;

“refrigerated sea water tank” means a container that is capable of controlling the temperature of sea water;

“section 222B(3)” means section 222B(3) (inserted by section 5 of the Fisheries (Amendment) Act, 1994 ( No. 23 of 1994 )), of the Act of 1959;

“section 223A” means section 223A (inserted by section 9 of the Fisheries (Amendment) Act, 1978 ( No. 18 of 1978 ), as amended by section 4 of the Fisheries (Amendment) Act, 1983 ( No. 27 of 1983 )) of the Act of 1959;

“the specified area” means sub areas VI, VII, XII and XIV and divisions IIa (Community waters), North Sea (Community 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/C347/05¹

(2) In this Order--

(a) a reference to an Article is a reference to an Article of this Order unless it is indicated that reference to some other instrument is intended, and

(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended.

3. (1) The Minister may--

(a) upon the application in writing of any person who is the owner, charterer or hirer of an Irish sea-fishing boat--

(i) in relation to which there is in force a licence under section 222B(3),

(ii) that is entered in the Register of Fishing boats as belonging to the pelagic segment of Irish sea fishing boats, and

(iii) that has on board a refrigerated sea water tank, and

(b) if satisfied that in relation to that boat there will, upon and from its putting to sea, be compliance with the manning requirements of Part II of the Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations, 1988 ( S.I. No. 289 of 1988 ), and

(c) upon the furnishing by the said owner, charterer or hirer of such information as the Minister may reasonably require in relation to the application,

grant to the person a licence (hereafter in this Order referred to as a “horse mackerel licence”) authorising the fishing for horse mackerel from that boat in the specified area or part thereof as specified in the licence and the landing or transhipment of horse mackerel taken on board a boat or caught in that area or part thereof, during such period as may be specified in the licence.

(2) The Minister may, without application, renew a horse mackerel licence that has expired, for such period as he or she considers appropriate, which period shall be specified in the licence, if he or she is satisfied that--

(a) the holder of the horse mackerel licence remains the owner, charterer or hirer, as the case may be, of the boat concerned,

(b) there is in force in respect of the boat a licence granted under section 222B(3),

(c) the boat is entered in the Register of Fishing Boats as belonging to the pelagic segment of Irish sea-fishing boats,

(d) there is compliance, in relation to the boat, with the manning requirements referred to in paragraph (1)(b), and

(e) the boat concerned continues to have on board a refrigerated sea water tank.

(3) A horse mackerel licence shall not authorise the fishing for horse mackerel in the area, or the divisions of sub-areas specified in the licence, or the landing or transhipment of horse mackerel taken on board a boat or caught in that area, or in those divisions or sub-areas, in contravention of an order under section 223A (including this Order).

(4) The Minister may refuse to grant a horse mackerel licence where a horse mackerel licence previously granted to the applicant has been revoked.

(5) The Minister may, from time to time, restrict, either generally or with reference to a particular licensed vessel, the quantity of horse mackerel--

(a) that may be caught from, or taken on board, a licensed vessel in the specified area or part thereof, and

(b) that may be landed or transhipped from, or retained on board, a licensed vessel,

during such period as the Minister may determine.

(6) Notwithstanding any restriction under paragraph (5), that share of horse mackerel of a licensed vessel caught while engaging in pair fishing with another licensed vessel may, subject to such conditions as may be specified in the horse mackerel licence granted in respect of the second-mentioned licensed vessel, be taken on board, or landed or transhipped from, the second-mentioned licensed vessel:

Provided that the combined quantities of horse mackerel taken on board, or combined horse mackerel catches of, both licensed vessels during a period to which restrictions under paragraph (5)(a) apply, do not exceed the aggregate of the quantities of horse mackerel specified in those restrictions in respect of the licensed vessels.

(7) Notification of any restriction under paragraph (5) and its duration shall be in writing and shall be given by a sea fisheries protection officer to the holder of the horse mackerel licence or the master or person in charge of the licensed vessel concerned, and any such restriction shall, upon such notification, be deemed to be a condition of the horse mackerel licence.

(8) The Minister may attach to, or specify in a horse mackerel licence conditions--

(a) prohibiting the landing or transhipment of horse mackerel other than at a specified place,

(b) relating to the sale of horse mackerel caught from or taken on board a licensed vessel,

(c) requiring the keeping by the master or other person in charge, for the time being, of the licensed vessel of such records as are specified in the licence,

(d) requiring the master or other person in charge, for the time being, of the licensed vessel at all times, on a request being made in that behalf, to permit the boarding and inspection of the vessel and inspection of any records relating to the vessel kept on board the vessel, whether pursuant to a requirement of the licence or otherwise, by a sea fisheries protection officer and the taking of copies of any such records by such an officer, and to give to such officer such assistance as he or she may reasonably require for the purposes of carrying out such inspection.

(9) The holder of a horse mackerel licence and the master or person in charge of an Irish sea-fishing boat to which such licence applies shall not contravene or cause another person to contravene a condition of that licence.

4 (1) Subject to paragraph (2), the Minister may, if satisfied that the holder of a horse mackerel licence or the master or person in charge of a licensed vessel has contravened--

(a) Article 5 or 6,

(b) a provision of an order made under section 223A (other than this Order),

(c) a condition specified in or attached to a horse mackerel licence, or

(d) a restriction under paragraph (5) of Article 3,

revoke the licence.

(2) Where the Minister proposes to revoke a licence under paragraph (1), he or she shall notify in writing the holder of the horse mackerel licence of his or her intention to so do and the reasons therefor, and the holder of the horse mackerel licence may, within 14 days of service of the notification, make representations to the Minister about the proposal and the Minister shall consider any such representations.

(3) The Minister may at any time revoke or vary a condition attached to a horse mackerel licence or attach a new condition to a horse mackerel licence.

(4) A horse mackerel licence shall stand revoked if--

(a) The holder of the licence ceases to be the owner, charterer or hirer, as the case may be, of the licensed vessel,

(b) the licensed vessel ceases to be an Irish sea-fishing boat,

(c) a licence under section 222B(3) in relation to the licensed vessel is revoked or has expired,

(d) the licensed vessel ceases to be registered in the Register of Fishing Boats as belonging to the pelagic segment of Irish sea fishing boats, or

(e) the licensed vessel ceases to have on board a refrigerated sea water tank.

(5) A notification under paragraph (2) shall, subject to paragraph (6), be addressed to the person concerned by name, and may be served on or given to the person in one of the following ways--

(a) by delivering it to the person,

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address,

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address, or

(d) by affixing it to a suitably secure and conspicuous part of the licensed vessel concerned.

(6) For the purposes of paragraph (5), a company within the meaning of the Companies Acts, 1963 to 1999, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

5. A person shall not, other than pursuant to a horse mackerel licence--

(a) fish for horse mackerel from an Irish sea-fishing boat having on board a refrigerated sea water tank, in the specified area or part thereof, or

(b) land or tranship from, or retain on board, such a boat, horse mackerel taken on board a boat or caught in the specified area or part thereof.

6. The owner, charterer or hirer, or the master or person in charge of an Irish sea-fishing boat having on board a refrigerated sea water tank shall not, other than pursuant to a horse mackerel licence, cause or permit--

(a) the fishing for horse mackerel in the specified area or part thereof from such boat, or

(b) the landing or transhipment from, or retention on board, the boat of horse mackerel taken on board or caught in the specified area or part thereof.

7. (1) A person shall not forge, or utter knowing it to be forged, a horse mackerel licence or other document purporting to be issued, granted or given under this Order (hereafter in this Article referred to as a “forged document”).

(2) A person shall not alter with intent to defraud or deceive, or utter knowing it to be so altered, a horse mackerel licence or other document issued, granted or given under this Order (hereafter in this Article referred to as “an altered document”).

(3) A person shall not, without lawful authority, have in his or her possession a forged document or an altered document.

8. A licence granted under the Horse Mackerel (Licensing) Order, 1999 ( S.I. No. 7 of 1999 ), that is in force immediately before the revocation of that order, shall continue in force as if granted under this Order.

9. The Horse Mackerel (Licensing) Order, 1999 ( S.I. No. 7 of 1999 ), is hereby revoked.

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 require certain Irish sea-fishing boats to be duly licensed under the Order to fish for, tranship or have on board horse mackerel. The Order applies to vessels belonging to the RSW pelagic segment of the Irish Sea Fishing Boat Register. The Order comes into operation on the 23rd day of December, 1999.

¹ O.I. No. C347 of 31.12.85 p14.