S.I. No. 38/2009 - Sea-fisheries (Control of Catches) (Deep-sea Stocks) Regulations 2009


S.I. No. 38 of 2009

SEA-FISHERIES (CONTROL OF CATCHES) (DEEP-SEA STOCKS) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th February, 2009.

I, TONY KILLEEN, Minister of State at the Department of Agriculture, Fisheries and Food, in exercise of the powers conferred on me by sections 3 and 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 )), and the Agriculture Fisheries and Food (Delegration of Ministerial Functions) (No. 4) Order 2008 ( S.I. No. 292 of 2008 ) for the purpose of giving full effect to Council Regulation (EC) No.1359/2008 of 28 November 2008 1 , hereby make the following regulations—

1. These Regulations may be cited as the Sea-Fisheries (Control of catches) (Deep-sea Stocks) Regulations 2009.

2. A word or expression that is used in Council Regulation (EC) No. 1359/2008 of 28 November 2008 and is also used in these Regulations has, in these Regulations, the same meaning as in Council Regulation (EC) No. 1359/2008 of 28 November 2008.

3. A person shall not contravene Article 6 or 7 of Council Regulation (EC) No. 1359/2008 of 28 November 2008.

4. (1) In proceedings for an offence, evidence of an act of the institutions of the European Community may be given by production of a copy of the act certified by an officer of the Minister to be a copy of the act, and it is not necessary to prove the signature of the officer or that he or she is an officer of the Minister.

(2) Paragraph (2) is in addition to and not in substitution for the European Communities (Judicial Notice and Documentary Evidence) Regulations 1972 ( S.I. No. 341 of 1972 ).

5. The Sea-Fisheries (Control of catches) (Deep-sea Stocks) Regulations 2008 ( S.I. No. 137 of 2008 ) are revoked.

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GIVEN under my Hand,

5 February 2009

TONY KILLEEN.

Minister of State at the Department of 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 provide for the provisions of Council Regulation (EC) No.1359/2008 of 28 November 2008 fixing for 2009 and 2010 the annual fishing opportunities available to Community fishing vessels for stocks of deep-sea species in Community waters and in certain non-Community waters where catch limitations are required, and the specific conditions under which such fishing opportunities may be used.

1 O.J. No. L 352 of 31.12.2008, p. 1.