Mackerel (Fisheries Management and Conservation) (No. 8) Regulations 2005
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Mackerel (Fisheries Management and Conservation) (No. 8) Regulations 2005.
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paragraphs: These Regulations come into operation on 3rd January 2006 and cease to have effect on 29 January 2006.
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paragraphs: In these Regulations—
“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 licenced as a polyvalent vessel under Section 222B of the Fisheries (Consolidation) Act 1959 (as amended and restated by Section 4 of the Fisheries (Amendment) Act 2003 );
“mackerel” means Scomber scombrus;
“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;
“specified area” means waters falling within 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.
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paragraphs: The master of an Irish polyvalent vessel over 65 feet shall not engage in or cause or permit any person on board to engage in fishing for mackerel in the specified area.
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paragraphs: (1) An Irish polyvalent vessel over 65 feet in length shall not have mackerel on board within the specified area.
(2) The master of an Irish polyvalent vessel over 65 feet in length shall not cause or permit the boat or any person on board to have mackerel on board within the specified area.
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paragraphs: The master of an Irish polyvalent vessel over 65 feet in length shall not cause or permit the boat to be used within the specified area for the transhipment of mackerel.
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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 polyvalent vessel 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.
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paragraphs: Notwithstanding anything contained in these Regulations an Irish sea-fishing boat may have mackerel on board and land or tranship mackerel if the mackerel were taken in the specified area, in the course of fishing for horse mackerel or herring, and were inextricably mixed with catches of horse mackerel or herring and did not exceed 5 per cent by weight of the horse mackerel or herring catch.
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paragraphs: The Mackerel (Fisheries Management and Conservation) (No. 7) Regulations 2005 ( S.I. No. 877 of 2005 ) are revoked.
GIVEN under my hand,
23 December 2005.
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 mackerel by Irish polyvalent vessels over 65 feet in length in ICES sub-areas VI VII, XII and XIV and divisions IIa (non EC waters) IVa Vb (Community Waters), VIIIa, b, d and e, during the period from 3 January 2006 until 29 January 2006. However Irish sea-fishing boats will be allowed a 5% by-catch of mackerel under these Regulations but only if it is caught as part of their horse mackerel or herring catch.
1 Council Regulation (EC) No. 27/2005, O.J. L12, 14.1.2005, pp. 1-151.