S.I. No. 640/2005 - Sea Fisheries (Weighing Procedures for Herring, Mackerel and Horse Mackerel) (No. 3) Regulations 2005

S.I. No. 640 of 2005 .

SEA FISHERIES (WEIGHING PROCEDURES FOR HERRING, MACKEREL AND HORSE MACKEREL) (No. 3) 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 effect to the provisions of point 3 of the Annex to Council Regulation (EC) No. 1300/2005 of 3 August 2005¹ , hereby make the following Regulations:

1.

• (2) These Regulations come into operation on 11 October 2005.

2.

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

“Annex” means point 3 of the Annex to the Council Regulation;

“Council Regulation” means Council Regulation (EC) No. 1300/2005 of 3 August 2005 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);

“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;

“sea-fishing boat” means an Irish sea-fishing boat or a foreign sea-fishing boat;

“foreign sea-fishing boat” means a sea-fishing boat which is not an Irish sea-fishing boat;

“Irish sea-fishing boat” means a boat which is—

• (a) entered on the Register of Fishing Boats,

• (b) required to be so entered, or

• (c) exempt from such entry;

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

• (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 has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Council Regulation.

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• • the name of the vessel and it's registration number;

• • the port of landing;

• • the estimated time of arrival at that port;

• • the quantities in kilograms live weight by species retained on board;

• • the management area where the catch was taken; and

• • contact details.

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• (2) Where an offence under these Regulations has been committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who when the offence was committed, was a director, manager secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if guilty of the first-mentioned offence.

• (3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with the functions of management as if such a member were a director or manager of the body corporate.

14.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations transpose into Irish law the provisions of point 3 of the Annex of Council Regulation (EC) No. 1300/2005 which establishes weighing procedures for fishing vessels landing more than 10 tonnes of herring, mackerel and horse mackerel per landing.

Masters or other persons in charge of the Irish or foreign sea-fishing boats in question will be required to give 4 hours advance notification of entry into ports of landing to Sea Fisheries Protection Officers. Landings in excess of 10 tonnes shall only be permitted in designated ports.

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