SI No 47 of 2004

HORSE MACKEREL (FISHERIES MANAGEMENT AND CONSERVATION) 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 Horse Mackerel (Fisheries Management and Conservation) Order, 2004.

2.           This Order shall have effect from 4pm, 5 February 2004.

3.           In this Order -

(1)  “the specified area” means ICES sub-areas Vb (¹) , VI, VII, VIII abde, XII, XIV in the Annex to the Communication from the Commission of the European Economic Community 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 (1).

“horse mackerel” means trachurus trachurus;

(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 nor a person on board an Irish sea-fishing boat shall engage in fishing for horse mackerel in the specified area and the master of an Irish sea-fishing 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 shall not have horse mackerel on board within the specified area.

(2)        The master of an Irish sea-fishing boat shall not cause or permit the boat or any person on board to have horse mackerel on board within the specified area.

6.           The master of an Irish sea-fishing boat shall not cause or permit the boat to be used within the specified area for the transhipment of horse mackerel from an Irish sea-fishing boat.

(1)        In a prosecution for an offence under Article 6 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 transhipment of horse mackerel in contravention of that Article;

(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 horse mackerel were received on board the boat otherwise than in the course of fishing,

(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.

(2)        In a prosecution for an offence under Article 5 of this Order it shall be a defence for the defendant to prove that the horse mackerel to which the prosecution relates -

(a)        were taken in the course of fishing that did not contravene Article 4 of this Order, or

(b)        were taken outside the specified area.

(8)         Notwithstanding the generality of this Order, with effect from 4pm, 5 February 2004, an Irish sea-fishing boat may have horse mackerel on board and land or tranship horse mackerel if the horse mackerel does not exceed 5 per cent by weight of the total catch on board, landed or transhipped at any one time, as the case may be.

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 prohibit fishing for, transhipment or having on board horse mackerel by Irish sea-fishing boats in ICES sub-areas Vb (¹) , VI, VII, VIII abde, XII and XIV with effect from 4pm on 5 February 2004.

The Order allows Irish vessels to retain on board, land or tranship horse mackerel if the horse mackerel does not exceed 5% by weight of all species held on board, landed or transhipped at any one time from 4pm on 5 February 2004.

(¹) O.J. C.347/14 of 31/12/85

(¹) O.J. C.347/14 of 31/12/85

(¹) O.J. C.347/14 of 31/12/85