Statutory Instruments.

SI No 229 of 2004

COMMON SOLE (FISHERIES MANAGEMENT AND CONSERVATION) ORDER, 2004

SI No 224 of 2004

Common Sole (Fisheries Management and Conservation) Order 2004.

I, Dermot Ahern, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 223A (inserted by section 9 of the Fisheries (Amendment) Act, 1978 ( section 4 of the Fisheries (Amendment) Act, 1983 (No. 27 of 1983)) of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959), and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1977 ( S.I. No. 30 of 1977 ) ((as adapted by the Marine and Natural Resources (Alteration of name of Department and Title of Minister) Order, 2002 ( S.I. No 307 of 2002 )), hereby order as follows:

1.           This Order may be cited as the Common Sole (Fisheries Management and Conservation) Order 2004

2.           This Order shall come into operation on 01 June 2004

3.                         (1)        In this Order-

“the specified area” means the parts of the sea described in the Annex to the Communication and therein referred to as ICES sub-areas and stock area code Sol/07A.

VIIa

“common sole” means Solea vulgaris otherwise known as black sole or Dover sole..

“the Council Regulation” means Council regulation (EC) no. 2287/2003 of 19 December 2003 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 Iris se-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.

(2)          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 Atlantic(¹) ;

ICES” means the International Council for the Exploration of the Sea.

(3)      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.

(4)    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.

(5)    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.

4.           (1)          An Irish sea-fishing boat fishing in the specified area or a person on board such boat may only land or tranship common sole from such boat, whether within the specified area or elsewhere, if the common sole 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.

5.           An Irish sea-fishing boat fishing in the specified area by means of beam trawls or a person on board such boat shall not land common sole except at the ports of Howth, Dunmore East, Kilmore Quay and Rosslare when landing within the State.

6.           The master or other person in charge of an Irish sea-fishing boat fishing by means of beam trawls in the specified area shall, before each landing or transhipment of common sole from the boat, inform a Sea Fisheries Protection Officer of the time and location of the landing or transhipping whether inside or outside the State and the quantity of common sole concerned.

7.           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 common sole in contravention of the said Regulation 4;

(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 common sole 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 suggest, that such sea-fishing boat was so used.

8.           The Common Sole (Fisheries Management and Conservation) (No 4) Order, 2002 ( S.I. No 430 of 2002 ) is hereby revoked.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation).

This Order provides for a revised management regime in the Sole VIIa Irish Sea fishery with effect from 01 June 2004

The Order allows Irish sea-fishing boats to land or tranship common sole caught in the Irish Sea provided that the common sole does not exceed 5% by weight of the total catch of quota species landed or transhipped on any occasion.

(¹) O.J. C.347/14 of 31/12/85