S.I. No. 39/2009 - Sea-fisheries (Fishing For Herring) (West of Scotland) Regulations 2009


S.I. No. 39 of 2009

SEA-FISHERIES (FISHING FOR HERRING) (WEST OF SCOTLAND) 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 (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 (Delegation of Ministerial Functions) (No. 4) Order 2008 ( S.I. No. 292 of 2008 ), for the purpose of giving full effect to Council Regulation (EC) (EC) No. 1300/2008 of 18 December 2008 1 , hereby make the following Regulations:

1. These Regulations may be cited as the Sea-Fisheries (Fishing for Herring) (West of Scotland) Regulations 2009.

2. A word or expression that is used in these Regulations and is also used in Council Regulation (EC) No. 1300/2008 of 18 December 2008, has, unless the contrary intention appears, the same meaning in these Regulations as it has in that Council Regulation.

3. (1) A person who contravenes Article 5 of Council Regulation (EC) No. 1300/2008 of 18 December 2008 relating to—

(a) a sea-fishing boat within the exclusive fishery limits of the State, or

(b) an Irish sea-fishing boat wherever it may be,

commits an offence.

(2) Paragraph (1) does not apply to the State.

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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. 1300/2008 of 18 December 2008 which establishes a multi-annual plan for the fisheries exploiting the stock of herring (Clupea harengus) in international and Community waters of ICES zones Vb and VIb, and that part of ICES zone VIa which lies west of the meridian of longditude 7° W and north of the parallel of latitude 55° N, or east of the meridian of longitude 7° W and north of the parallel of latitude 56° N, excluding the Clyde (together referred to as the area west of Scotland).

1 O.J. L 344 of 20.12.2008, p. 6.