Crab (Fisheries Management and Conservation) (No. 2) Regulations 2005
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: These Regulations may be cited as the Crab (Fisheries Management and Conservation) (No. 2) Regulations 2005.
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paragraphs: In these Regulations—
“edible crab” means Cancer pagurus;
“spider crab” means Maja squinado;
“ICES” means the International Council for the Exploration of the Sea;
“Irish sea-fishing boat over 10 metres” means a boat equal to or greater than 10 metres in length overall and entered in the Register of Fishing Boats;
“Irish sea-fishing boat over 15 metres” means a boat equal to or greater than 15 metres in length overall and entered in the Register of Fishing Boats;
“master” in relation to a sea-fishing boat, means the master skipper or other person for the time being in charge of the boat;
“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 (International Council for the Exploration of the Sea) sub-area VII 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;
“biologically sensitive area” means waters falling within the area enclosed by the coast of Ireland to the south of 53°30'N and to the west of 07°00'W and straight line sequentially joining the following geographical coordinates:
— a point on the coast of Ireland at latitude 53°30'N
— latitude 53°30'N, longitude 12°00'W
— latitude 53°00'N, longitude 12°00'W
— latitude 51°00'N, longitude 11°00'W
— latitude 49°30'N, longitude 11°00'W
— latitude 49°30'N, longitude 07°00'W
— a point on the coast of Ireland at longitude 07°00'W
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paragraphs: (1) The master of an Irish sea-fishing boat over 10 metres shall not engage in or cause or permit any person on board to engage in fishing for edible crab or spider crab in the biologically sensitive area.
(2) The master of an Irish sea-fishing boat over 15 metres shall not engage in or cause or permit any person on board to engage in fishing for edible crab or spider crab in the specified area.
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paragraphs: (1) (a) An Irish sea-fishing boa over 10 metres shall not have edible crab or spider crab on board within the biologically sensitive area.
(b) An Irish sea-fishing boat over 15 metres shall not have edible crab or spider crab on board within the specified area.
(2) (a) The master of an Irish sea-fishing boat over 10 metres shall not cause or permit the boat or any person on board to have edible crab or spider crab on board within the biologically sensitive area.
(b) The master of an Irish sea-fishing boat over 15 metres shall not cause or permit the boat or any person on board to have edible crab or spider crab on board within the specified area.
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paragraphs: (1) The master of an Irish sea-fishing boat over 10 metres shall not cause or permit the boat to be used within the biologically sensitive area for the transhipment of edible crab or spider crab.
(2) The master of an Irish sea-fishing boat over 15 metres shall not cause or permit the boat to be used within the specified area for the transhipment of edible crab or spider crab.
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paragraphs: (1) In a prosecution for an offence for contravening Regulation 5 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 edible crab or spider crab 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 edible crab or spider crab 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 4 of these Regulations, it is a defence for the defendant to show that the edible crab or spider crab to which the prosecution relates was taken outside the specified area.
GIVEN under my hand, 11 November, 2005.
PAT THE COPE GALLAGHER,
Minister of State at the Department for 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 edible crab or spider crab by
• Irish sea-fishing boats over 10 metres in the Biologically Sensitive Area in ICES sub-area VII, and
• Irish sea-fishing boats over 15 metres in the remainder of ICES sub-area VII with immediate effect