Black Scabbardfish (Fisheries Management and Conservation) Order 2004
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: This Order may be cited as the Black Scabbardfish (Fisheries Management and Conservation) Order 2004.
num: 2
paragraphs: This Order shall come into operation on 01 October 2004.
num: 3
paragraphs: (a) In this Order:
“specified area” means waters falling within ICES zones V, VI, VII and XII;
“Black Scabbardfish” means Alphanopus carbo;
“Council Regulation” means Council Regulation (EC) No. 2340/2002 of 16 December 20021 and 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 Irish sea-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;
“Master” in relation to a sea-fishing boat, includes a person in charge of the boat.
(b) 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 ;
“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 2003, or, as the case may be, each subsequent year thereafter;
“ICES” means the International Council for the Exploration of the Sea;
(c) 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.
(d) 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.
(e) 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.
num: 4
paragraphs: An Irish sea-fishing boat fishing in the specified area or a person on board such boat may only land or tranship Black Scabbardfish from such boat, whether within the specified area or elsewhere, if the Black Scabbardfish so landed or transhipped does not exceed 5 per cent by weight of the total catch of all species of fish subject to quotas landed or transhipped on any occasion.
num: 5
paragraphs: In a prosecution for an offence under Regulation 4 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 Black Scabbardfish in contravention of that Regulation:
(1) 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 Black Scabbardfish were landed or transhipped contrary to that Regulation;
(2) 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;
(3) 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.
num: 7
paragraphs: The master or other person in charge of an Irish sea fishing boat fishing in the specified areas shall, before each landing or transhipment of deep sea fish stocks from the boat, inform a Sea Fisheries Protection Officer of the time and location of the landing or transhipment whether inside or outside the State and the quantity of deep sea fish stocks concerned.