Crab (Fisheries Management And Conservation) (No. 6) Regulations 2005
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Crab (Fisheries Management and Conservation) (No. 6) Regulations 2005.
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paragraphs: These Regulations come into operation on 13 December 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 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 V, VI 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;
“specified period” means the period from 00:01 hours on 16 December 2005 to 00:01 hours on 1 January 2006.
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paragraphs: 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 during the specified period.
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paragraphs: (1) An Irish sea-fishing boat over 15 metres shall not have edible crab or spider crab on board within the specified area except during the specified period.
(2) 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 during the specified period.
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paragraphs: 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 during the specified period.
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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 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 5 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.
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paragraphs: The Crab (Fisheries Management and Conservation (No. 4) Regulations 2005 ( S.I. No. 736 of 2005 ) are revoked.
GIVEN under my hand, 12 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 edible crab or spider crab by Irish sea-fishing boats in ICES sub-areas V and VI during the period from 00:01 hours on 16 December 2005 to 00:01 hours on 1 January 2006.