Sea Fisheries (Weighing Procedures for Herring, Mackerel and Horse Mackerel) (No. 3) Regulations 2005
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: (1) These Regulations may be cited as the Sea Fisheries (Weighing Procedures for Herring, Mackerel and Horse Mackerel) (No. 3) Regulations 2005.
(2) These Regulations come into operation on 11 October 2005.
num: 2
paragraphs: (1) In these Regulations, unless the context otherwise requires—
“Minister” means the Minister for Communications, Marine and Natural Resources;
“Annex” means point 3 of the Annex to the Council Regulation;
“Council Regulation” means Council Regulation (EC) No. 1300/2005 of 3 August 2005 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);
“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;
“sea-fishing boat” means an Irish sea-fishing boat or a foreign sea-fishing boat;
“foreign sea-fishing boat” means a sea-fishing boat which is not an Irish sea-fishing boat;
“Irish sea-fishing boat” means a boat which is—
(a) entered on the Register of Fishing Boats,
(b) required to be so entered, or
(c) exempt from such entry;
“master”, in relation to a sea-fishing boat, includes a person in charge of the boat.
(2) 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.
(3) 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: 3
paragraphs: The master of a fishing vessel who fails to comply with the Council Regulation commits an offence.
num: 4
paragraphs: In a presecution for an offence under these Regulations in respect of which provision is made in the Annex for an exclusion, qualification, or exception to, the relevant obligation imposed by the Annex which would be capable of constituting a defence to the charge, it shall be for the person charged to establish any such defence and it shall be presumed until the contrary is proved, that there is no such defence in the particular case.
num: 5
paragraphs: These Regulations shall apply to sea-fishing boats.
num: 6
paragraphs: For the purposes of 9.3 of the Annex, the master of a sea-fishing boat shall give the following information in written form, to Fax Number: +353 21 437 8096, or by phone, to phone number +353 21 437 8752:
• the name of the vessel and it's registration number;
• the port of landing;
• the estimated time of arrival at that port;
• the quantities in kilograms live weight by species retained on board;
• the management area where the catch was taken; and
• contact details.
num: 7
paragraphs: The ports designated for the purpose of point 9.2.1 of the Annex are Killybegs, Ros an MhÃ­l, Castletownbere, An Daingean, Rathmullan, Howth and Ringaskiddy in the Port of Cork.
num: 8
paragraphs: All buyers, transporters or their agents shall provide all reasonable assistance to a sea fisheries protection officer to enable the quantities of herring, mackerel and horse mackerel to be monitored in the manner required by these Regulations.
num: 9
paragraphs: The master of a sea-fishing boat or the agent, shall not discharge any herring, mackerel or horse mackerel until authorised to do so by a sea fisheries protection officer.
num: 10
paragraphs: All buyers purchasing fresh fish shall ensure that all quantities received are weighed in a location and by means of weighing systems approved in writing by a sea-fisheries protection officer.
num: 11
paragraphs: In a prosecution for an infringement of these Regulations it shall be for the person charged to establish a defence by reference to any exclusion, qualification or exception to the relevant obligation provided for by these Regulations and it shall be presumed, until the contrary is proved, that there is no such defence in this particular case.
num: 12
paragraphs: For the purposes of 9.7 of the Annex the written approval of a sea-fisheries protection officer is required.
num: 13
paragraphs: (1) A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding €5,000.
(2) Where an offence under these Regulations has been committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who when the offence was committed, was a director, manager secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if guilty of the first-mentioned offence.
(3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with the functions of management as if such a member were a director or manager of the body corporate.
num: 14
paragraphs: The Sea Fisheries (Weighing Procedures For Herring Mackerel and Horse Mackerel) (No. 4) Regulations 2004 are hereby revoked.