S.I. No. 641/2005 - European Communities (Satellite-Based Vessel Monitoring Systems) Regulations 2005


S.I. No. 641 of 2005

European Communities (Satellite-Based Vessel Monitoring Systems) 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 full effect to Commission Regulation (EC) No. 2244/2003 of 18 December 20031 , hereby make the following regulations:

1.         These Regulations may be cited as the European Communities (Satellite-Based Vessel Monitoring Systems) Regulations 2005.

2.         (1)       In these Regulations -

“Act of 1959” means the Fisheries (Consolidation) Act 1959 ;

“competent authority” means a sea fisheries protection officer and the Irish Fisheries Monitoring Centre;

“Commission Regulation” means Commission Regulation (EC) No. 2244/2003 of 18 December 20031 ;

“Community fishing vessel” means a fishing vessel of another Member State of the European Communities;

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

(a)     entered in the Register of Fishing Boats, or

(b)     required or exempted from such entry;

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

“sea fisheries protection officer” means a person appointed as a sea fisheries protection officer under section 220 of the Act of 1959.

(2)       A word or expression which is used in these Regulations and which is also used in the Commission Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Commission Regulation.

3.         These Regulations apply to a fishing vessel which is -

(a)     a Community fishing vessel or a fishing vessel of a third country in the exclusive fishery limits of the State, and

(b)     an Irish sea-fishing boat, wherever it is.

4.         The master of a fishing vessel who fails to comply with the Commission Regulation commits an offence.

5.         Where there is a contravention on board a fishing vessel of the Commission Regulation, the master of the vessel commits an offence.

6.         A person who in contravention of the Commission Regulation -

(a)      causes a satellite-tracking device on fishing vessel to be manually over-ridden or to record a false position, or

(b)      destroys, damages, renders inoperable or otherwise interferes with the proper operation of such a device,

commits an offence.

7.         (1)       A satellite-tracking device must be installed and be fully operational on a fishing vessel.

(2)       The master of a fishing vessel who fails to ensure that the satellite-tracking device installed in his or her boat is fully operational commits an offence.

8.         The competent authority shall monitor fishing vessels for the purposes of the Commission Regulation.

9.         A sea fisheries protection officer may for the purposes of enforcing the Commission Regulation exercise any of the powers conferred on a sea fisheries protection officer under the Act of 1959.

10.      A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding €5,000.

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GIVEN under my Official Seal,

8 October 2005.

 

Noel Dempsey

Minister for Communications, Marine and Natural Resources.

EXPLANATORY NOTE

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

These Regulations provide in Irish law for the provisions of Commission Regulation (EC No. 2244/03 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems. These Regulations require that sea fishing boats exceeding 15 metres in overall length have satellite based vessel monitoring systems installed. These Regulations do not apply to sea fishing boats used exclusively for aquaculture purposes and operating exclusively inside the baselines.

1 OJ No. L333, 20.12.2003, p.17

1 OJ No. L333, 20.12.2003, p.17