S.I. No. 418/2008 - Sea-Fisheries (Control on Fishing for Hake) Regulations 2008
SEA-FISHERIES (CONTROL ON FISHING FOR HAKE) REGULATIONS 2008 | ||
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 31st October, 2008. | ||
I, BRENDAN SMITH, Minister for Agriculture, Fisheries and Food, in exercise of the powers conferred on me by section 14 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006 and the Sea Fisheries, Foreshore and Dumping at Sea (Transfer of Departmental Administration and Ministerial Functions) Order 2007 ( S.I. No. 707 of 2007 ) (as adapted by the Agriculture and Food (Alteration of Name of Department and Title of Minister) Order 2007 ( S.I. No. 705 of 2007 )), for the purpose of giving full effect to Council Regulation (EC) No. 811/2004 1 of 21 April 2004, hereby make the following Regulations: | ||
1. These Regulations may be cited as the Sea-Fisheries (Control on fishing for hake) Regulations 2008. | ||
2. (1) In these Regulations “Council Regulation” means Council Regulation (EC) No. 811/20041 of 21 April 2004; | ||
(2) A word or expression that is used in Council Regulation (EC) No. 811/2004 of 21 April 2004 and is also used in these Regulations has, in these Regulations, the same meaning as in Council Regulation (EC) No. 811/2004 of 21 April 2004. | ||
(3) These Regulations do not bind the State. | ||
3. A person shall not contravene- | ||
(a) Article 7, 8, 9(1), 11 or 12 of the Council Regulation, | ||
(b) Regulation 6, | ||
In relation to— | ||
(i) a sea-fishing boats within the exclusive fishery limits of the State, | ||
(ii) an Irish sea-fishing boat wherever it may be, or | ||
(iii) buying, handling, weighing, transhipping, transporting, landing, processing, storing, documenting or selling hake within the State or the exclusive fishery limits of the State. | ||
4. For the purposes of Article 8 of the Council Regulation, notification shall be made through the Fisheries Monitoring Centre in written form, to fax number +353 21 437 8096 or by telephone to phone number +353 21 437 8752. | ||
5. The ports, in the State, designated for the purpose of Article 9 of the Council Regulation are An Daingean, Castletownbere, Dunmore East, Greencastle, Howth, Kilmore Quay, Killybegs, Kinsale, Ros a Mhíl, Schull, Union Hall and Clogherhead. | ||
6. The master of a sea-fishing boat, or an agent acting on behalf of the owner or master of the boat, shall provide all reasonable assistance to a sea-fisheries protection officer to enable the quantities of hake declared in the relevant logbook and the quantity of hake on board the sea-fishing boat to be cross-checked for verification purposes. | ||
7. The Sea Fisheries (Conservation and Rational Exploitation of Hake) Regulations 2007 ( S.I. No. 619 of 2007 ) are revoked. | ||
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GIVEN under my Official Seal, | ||
22 October 2008 | ||
BRENDAN SMITH. | ||
Minister for Agriculture, Fisheries and Food. | ||
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 Council Regulation (EC) No. 811/2004 establishing measures for the recovery of the Northern hake stock. It determines notification arrangements (4 hours advance notification required) and designated ports for the landing of quantities of hake in excess of 2 tonnes. | ||
