Statutory Instruments

SI No. 567 of 2004

Tusk (Fisheries Management and Conservation) (No. 2) Order 2004

S.I. No. 567 of 2004

Tusk (Fisheries Management and Conservation) (No. 2) 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 Tusk (Fisheries Management and Conservation) (No. 2) Order 2004.

2.           This Order shall come into operation on 01 October 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 V, VI and VII.

“Tusk” means Brosme brosme

“Council Regulation” means Council Regulation (EC) No. 2340/2002 of 16 December 2002 (¹) as amended by 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.

“Member State” means a Member State of the European Communities other than the State;

“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.

(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 Atlantic² ;

“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.           Neither an Irish sea-fishing boat nor a person on board an Irish sea-fishing boat shall engage in fishing for tusk 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 tusk on board in the specified area.

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

6.           (1)         An Irish sea-fishing boat shall not be used for the landing or transhipment of tusk in the specified area.

(2)         The master of an Irish sea-fishing boat shall not cause or permit the boat to be used in the specified area for the landing or transhipment of tusk.

7.           (1)         In a prosecution for an offence under Regulation 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 or landing of tusk in contravention of that Regulation:

(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 tusk were received on board otherwise than in the course of fishing, or tusk were landed or transhipped from the boat;

(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 Regulation 5 of this Order it shall be a defence for the defendant to prove that the tusk to which the prosecution relates:

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

(b)         were taken outside the specified area.

EXPLANATORY NOTE

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

This Order prohibits fishing for, transhipping, landing or having on board tusk by Irish sea-fishing boats ICES Divisions V, VI and VII from 01 October 2004.

¹ O.J. L.356 of 31/12/2002

² O.J. C.347/14 of 31/12/85