Deep Sea Sharks (Fisheries Management and Conservation) Regulations 2006
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Deep Sea Sharks (Fisheries Management and Conservation) Regulations 2006.
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paragraphs: These Regulations come into operation on 1 February 2006.
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paragraphs: In these Regulations -
“ICES” means the International Council for the Exploration of the Sea;
“Irish sea-fishing boat” means a boat entered in the Register of Fishing Boats or in the EU Community Fishing Fleet Register;
“quotas” means the State's share of the total allowable catch (TAC) fixed by the Council of the European Communities relating to certain species of fish in respect of the year 20051 or, as the case may be, each subsequent year thereafter;
“Deep Sea Sharks” means sharks in the following list of species: Centroscymnus coelolepis, Centrophorus squamosus, Deania calceus, Dalatias licha, Etmopterus princes, Etmopterus spinax, Centrocyllium fabricii, Centrophorus granulosus, Galeus melastomus, Galeus murinus, Apristuris spp., Deania histricosa, and Deania profondorum.
“specified area” means waters falling within ICES sub-areas XII 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.
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paragraphs: The master of an Irish sea-fishing boat shall not engage in or cause or permit any person on board to engage in fishing for Deep Sea Sharks in the specified area.
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paragraphs: (1) An Irish sea-fishing boat shall not have Deep Sea Sharks 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 Deep Sea Sharks on board within the specified area.
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paragraphs: 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 Deep Sea Sharks.
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paragraphs: (1) In a prosecution for an offence for contravening Regulation 6 of these Regulations, the following shall be prima facie evidence that the Irish sea-fishing boat concerned was, at the time of the alleged offence, used for the transhipment of Deep Sea Sharks 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 Deep Sea Sharks 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 Deep Sea Sharks to which the prosecution relates was taken outside the specified area.
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paragraphs: The Deep Sea Sharks (Fisheries Management and Conservation) Regulations 2005 ( S.I. No. 855 of 2005 ) are revoked.
GIVEN under my Hand,
25 January 2006
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 these Regulations is to prohibit fishing for, transhipment or having on board Deep Sea Sharks by Irish sea-fishing boats in ICES sub-area XII with effect from 1 February 2006.
1 Council Regulation (EC) No. 2270/2004, O.J. L396, 30.12.2004, pp.4-12.