Greater Silver Smelt (Fisheries Management and Conservation) (No. 4) Regulations, 2004

• Jurisdiction: Ireland
• Citation: IR SI 791/2004

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) as amended by 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: 1. These Regulations may be cited as the Greater Silver Smelt (Fisheries Management and Conservation) (No. 4) Regulations 2004. 2. These Regulations come into operation on 1 January 2005. 3. In these Regulations —

“greater silver smelt” means Argentina silus;

“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 or in the EU Community Fishing Fleet Register.

“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 20041 or, as the case may be, each subsequent year thereafter;

“specified area” means waters falling within ICES sub-areas III and IV 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 or a person on board the boat, fishing in the specified area may, during the specified period, only land or tranship Greater Silver Smelt from such boat, whether within the specified area or elsewhere, if the Greater Silver Smelt landed or transhipped does not exceed 10 per cent by weight of the total catch of all species of fish subject to quotas landed or transhipped on any occasion. 5. In a prosecution for an offence for contravening Regulation 4 of these Regulations 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 Greater Silver Smelt in contravention of that Regulation —

(a) evidence that such...