S.I. No. 652/2005 - Mackerel (Fisheries Management and Conservation) (No. 5) Regulations 2005

1. These Regulations may be cited as the Mackerel (Fisheries Management and Conservation) (No. 5) Regulations 2005.

2. These Regulations come into operation on 21 October 2005.

3. In these Regulations—

“ICES” means the International Council for the Exploration of the Sea;

“Irish sea-fishing boat” means a boat entered in the Register of Fishing Boats;

“mackerel” means

Scomber scombrus

;

“horse mackerel” means

trachurus trachurus

;

“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 2005

1

;

“specified area” means waters falling within ICES sub-areas VI, VII, XII and XIV and divisions IIa (non EC waters) IVa Vb (Community Waters), VIIIa, b, d and e, 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.

4. An Irish sea-fishing boat may have mackerel on board and land or tranship mackerel if the mackerel were taken in the specified area, in the course of fishing for horse mackerel and were inextricably mixed with catches of horse mackerel and did not exceed 3 per cent by weight of the horse mackerel catch.

5. Notwithstanding Regulation 4, an Irish sea-fishing boat may have a greater quantity of mackerel on board and land or tranship a greater quantity of mackerel if the mackerel were taken in the specified area in accordance with a catch limit allocated to that Irish sea-fishing boat under the Mackerel (Licensing) Regulations (

S.I. No. 823 of 2004

).

GIVEN under my hand,

21 October, 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 permit the fishing for landing, transhipment, or having on board of mackerel by Irish sea-fishing boats, duly licensed, if the mackerel were taken in the course of fishing for horse mackerel, and were inextricably mixed with catches of horse mackerel and did not exceed 3 per cent by weight of the horse mackerel catch. These Regulations do not affect boats which still have an allowance under the catch limit granted to them under the Mackerel (Licensing) Regulations 2004.

1

Council Regulation (EC) No. 27/2005, O.J. L12, 14.1.2005, pp. 1-151.

S.I. No. 652 of 2005

.

MACKEREL (FISHERIES MANAGEMENT AND CONSERVATION) (NO. 5) REGULATIONS 2005.

I, PAT THE COPE GALLAGHER, Minister of State at the Department of Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 224B (inserted by

section 5

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

) and the Marine (Delegation of Ministerial Functions) (No. 2) Order 2004 (

S.I. No. 703 of 2004

)) hereby make the following regulations