European Communities (Sea Fisheries) (Conservation and Rational Exploitation of Scallops) Regulations, 2005

• Jurisdiction: Ireland
• Citation: IR SI 297/2005
• Year: 2005

Statutory Instruments

S.I. No. 297 of 2005

European Communities (Sea Fisheries) (Conservation and Rational Exploitation of Scallops) Regulations 2005

SI No. 297 of 2005

European Communities (Sea Fisheries) (Conservation and Rational Exploitation of Scallops) Regulations 2005

I, Noel Dempsey, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 ( No. 27 of 1972 ), for the purpose of giving full effect to Council Regulation (EC) No 1415/2004 of 19 July 20041 , hereby make the following regulations: 1. These Regulations may be cited as the European Communities (Sea Fisheries) (Conservation and Rational Exploitation of Scallops) Regulations 2005. 2. (1) In these Regulations -

“Council Regulation” means Council Regulation (EC) No. 1415/2004 of 19 July 20041 ;

“fishing area” means waters falling within ICES (International Council for the Exploration of the Sea) sub-areas V, VI and VII specified in Annex I and Annex II to the Council Regulation in respect of the maximum level of annual fishing effort in respect of scallops allocated to the State under those Annexes;

“fishing day” means the 24-hour period between 00.00 hours of a day and 24.00 hours of the same day or any part of such a period during which an Irish sea-fishing boat is permitted under Regulation 4 to fish for scallops;

“fishing for scallops” means the use of dredges resulting in the retention on board or landing of a quantity in kilograms live weight of scallop greater than 10 per cent. of the total quantity in kilograms live weight of all other marine organisms retained on board or landed;

“Irish sea-fishing boat” means a sea-fishing boat greater than 15 metres in overall length, entered in the Register of Fishing Boats, licensed in the specific segment of the Irish fishing fleet and was fishing for scallops in either the year 2003 or 2004;

“owner” in relation to a sea-fishing boat, means the person registered as its owner, if no such person is registered, the person who owns the boat, and includes any part owner, charterer, hirer or operator of the boat;

“master” in relation to a sea-fishing boat, means the master, skipper or other person for the time being in charge of the boat;

“Minister” means Minister for Communications, Marine and Natural Resources;

“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;

“scallop” means pecten maximus.

(2) A word or...