S.I. No. 230/2004 - Hake (Fisheries Management and Conservation) (No 5) Order, 2004

1. This Order may be cited as the Hake (Fisheries Management and Conservation) (No 5) Order 2004.

2. This Order shall come into operation on 01 June 2004 and shall cease to have effect from 30 June 2004.

3. (1) From 01 June 2004 an Irish sea-fishing boat, or a person on board such boat, fishing in the specified area shall not have or retain on board more than 3 tonnes of hake during the period from 01 June 2004 to 30 June 2004 nor land more than that quantity during this period.

(2) Notwithstanding the provisions of sub-paragraph (1) of this Regulation, from 01 June 2004 an Irish sea-fishing boat of length greater than or equal to 55 feet, or a person on board such boat and fishing in the specified area shall not have or retain on board more than 6 tonnes of hake during the period from 01 June 2004 to 30 June 2004 nor land more than that quantity during this period.

4. From 01 June 2004 the master or other person for the time being in charge of an Irish sea fishing boat shall not cause or permit such boat to be used in the specified area for the transhipment of hake or cause or permit such boat to engage in transhipment operations at sea.

5. (1) The master or other person for the time being in charge of an Irish sea-fishing boat shall, prior to the commencement of each voyage, inform a Sea Fisheries Protection Officer of the expected port at which the licensed vessel shall land hake on completion of that voyage.

(2) The master or other person for the time being in charge of an Irish sea-fishing boat, if requested by a Sea Fisheries Protection Officer, may not land hake at any port or place unless, on each occasion a Sea Fisheries Protection Officer has given prior approval of such landing.

6. In a prosecution for an offence under Regulation 4 or 5 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 landing or transhipment of hake in contravention of the said Regulation 4 or 5;

(a) 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 hake were landed or transhipped contrary to the said Regulation 4 or 5;

(b) 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,

(c) 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.

GIVEN

under my Official Seal,

24 May 2004

Dermot Ahern

Minister 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).

This Order provides for a management regime for the hake fishery in Area VI, VII with effect from 01 June 2004.

From that date, an Irish sea-fishing boat equal to or greater than 55 feet in length, or a person on board such boat, may not have or retain on board or land more than 6 tonnes of hake during the period from 01 June 2004 to 30 June 2004. All other Irish sea-fishing boats fishing for hake, or a person on board such boat, may not have or retain on board or land more than 3 tonnes of hake during this period. It is prohibited to tranship or to engage in transhipment operations of hake.

(

1

) O.J. C.347/14 of 31/12/85

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

(No. 18 of 1978), and amended by

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