Fishing Effort For Vessels in the Context of the Recovery of Certain Stocks Regulations, 2005

• Jurisdiction: Ireland
• Citation: IR SI 45/2005
• Year: 2005

Statutory Instruments

SI No. 45 of 2005

Fishing Effort for Vessels in the Context of the Recovery of Certain Stocks Regulations 2005

S.I. 45 of 2005

Fishing Effort for Vessels in the Context of the Recovery of Certain Stocks 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 )), for the purpose of giving effect to Annex IVa of Council Regulation (EC) 27/2005 of 22 December 20041 and Council Regulation (EC 423/2004 of 14 February 20042 , hereby make the following Regulations: 1. (1) These Regulations may be cited as the Fishing Effort for Vessels in the Context of the Recovery of Certain Stocks Regulations 2005.

(2) These Regulations come into operation on 1 February 2005. 2. (1) In these Regulations, unless the context otherwise requires -

“Annex” means Annex IVa to the Council Regulation;

“Cod Recovery Plan” means Council Regulation (EC) No. 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks;

“Competent Authority” means the Department of Communications, Marine and Natural Resources;

“Council Regulation” means Council Regulation (EC) No. 27/2005 of 22 December 2004 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);

“Designated port” means Greencastle, Killybegs, Rossaveal, Howth, Dunmore East, or a listed designated port in another Member State;

“EC logbook” means the document as described in Commission Regulation (EEC No 2807/1983 of 22 September 1983 Laying Down Detailed Rules for Recording Information on Member States Catches of Fish3 ;

“Fisheries Monitoring Centre” means the Fisheries Monitoring Centre, Naval Base Haulbowline Co Cork;

“Length overall” 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. For the purposes of this definition:

(i) the bow shall be taken to include the watertight hull structure, forecastle, stem and forward bulwark, if fitted, but shall exclude bowsprits and safety rails,

(ii) the stern shall be taken to include the watertight hull structure, transom, poop, trawl ramp and bulwark but shall exclude safety rails, bumkins, propulsion machinery rudders and steering gear, and divers' ladders and platforms, and

(iii) the length overall shall be measured in metres with an accuracy of two decimals;

“Master”, in relation to a sea-fishing boat, includes a person in charge of the boat;

“Member State” means a Member State of the European Communities other than the State;

“Minister” means the Minister of State at the Department of Communications, Marine and Natural Resources;

“Official Days at Sea Declaration form” means the appropriate form provided by the Competent Authority on which the master of an Irish sea-fishing boat makes an official declaration of choice of fishing gear, area and total days at sea as per these Regulations for the following management period;

“Register of Fishing Boats” means the Register of Fishing Boats established and maintained pursuant to the Merchant Shipping Act 1894 (as adapted and amended by any subsequent enactments);

“Sea-fishing boat” means a boat registered on the Irish sea-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) 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 and the Cod Recovery Plan, has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Council Regulation and the Cod Recovery Plan. 3. The provisions of these Regulations shall apply to sea-fishing boats specified in the Annex and the Cod Recovery Plan, operating in an area specified in the Annex and the Cod Recovery Plan and deploying any fishing gears specified in the Annex and the Cod Recovery Plan. 4. The provisions of the Annex and the Cod Recovery Plan, in so far as...