S.I. No. 59 of 2006

Mackerel (Fisheries Management and Conservation)(No. 2) Regulations 2006

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) as amended by 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. 5) Order 2005 ( S.I. No. 843 of 2005 ), hereby make the following regulations:

1.       These Regulations may be cited as the Mackerel (Fisheries Management and Conservation)(No. 2) Regulations 2006.

2.          These Regulations come into operation on 7 February 2006.

3.       In these Regulations -

-�approved pair boat-� means an Irish polyvalent vessel under 65 feet registered length which has spent at least 30 days pair fishing for herring or mackerel in each of the previous four years with an Irish polyvalent vessel over 65feet registered length, as recorded on the Department's logsheet systems

-�Department-� means the Department of Communications, Marine and Natural Resources;

-�herring-� means Clupea harengus

-�ICES-� means the International Council for the Exploration of the Sea;

-�Irish polyvalent vessel-� means a boat entered in the Register of Fishing Boats which is licensed as a polyvalent vessel under Section 222B of the Section 4 of the Fisheries (Amendment) Act 2003 );

-�Mackerel-� means Scomber scombrus;

-�master-� in relation to a sea-fishing boat, means the master, skipper or other person for the time being in charge of the boat;

-�pair fishing-� means the towing or hauling of a trawl, seine or other net in the sea from a licensed boat with another Irish polyvalent vessel for the purpose of taking mackerel or herring;

-�Register of Fishing Boats-� means the Register of Fishing Boats established and maintained pursuant to the Merchant Shipping Act 1894 (as adapted and amended by any subsequent enactments);

-�specified area-� means waters falling within ICES sub-areas areas VI, VII, XII and XIV and divisions IIa (non EC waters) IVa, Vb (Community Waters), VIIIa, b, d and e, 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 approved pair boat shall not engage in or cause or permit any person on board to engage in fishing for mackerel in the specified area except in accordance with a catch limit allocated to that approved pair boat under the Mackerel (Licensing) Regulations 2004 ( S.I. No. 823 of 2004 ).

5.       (1)      An approved pair boat shall not have mackerel on board within the specified area except in accordance with a catch limit allocated to that approved pair boat under the Mackerel (Licensing) Regulations 2004 ( S.I. No. 823 of 2004 ).

(2)      The master of an approved pair boat shall not cause or permit the boat or any person on board to have mackerel on board within the specified area except in accordance with a catch limit allocated to that approved pair boat under the Mackerel (Licensing) Regulations 2004 ( S.I. No. 823 of 2004 ).

6.       The master of an approved pair boat shall not cause or permit the boat to be used within the specified area for the transhipment of mackerel except in accordance with a catch limit allocated to that approved pair boat under the Mackerel (Licensing) Regulations 2004 ( S.I. No. 823 of 2004 ).

7.       (1)      In a prosecution for an offence for contravening Regulation 6 of these Regulations, the following shall be prima facie evidence that the Approved pair boat concerned was, at the time of the alleged offence, used for the transhipment of mackerel in contravention of that Regulation

(a)     evidence that the vessel 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 mackerel were received on board the vessel otherwise than in the course of fishing,

(b)     any admission by any person who is for the time being the master, or another member of the crew, of the vessel that at such time she was so used, or

(c)     any other matter from which it so appears that the vessel was so used or which in the opinion of the Court suggests, or tends to suggest, that the vessel was so used.

(2) In a prosecution for an offence for contravening Regulation 5 of these Regulations, it is a defence for the defendant to show that the mackerel to which the prosecution relates was taken outside the specified area.

8.       Where an approved pair boat fishes for mackerel in any calendar year, under the terms of these Regulations, it shall be prohibited from fishing for mackerel other than under the terms of these Regulations in that calendar year.

EXPLANATORY NOTE

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

The effect of these Regulations is to allow fishing for, transhipment or having on board mackerel by approved pair boats in ICES sub-areas VI, VII, XII and XIV and divisions IIa (non EC waters) IVa, Vb (Community Waters), VIIIa, b, d and e, 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.