S.I. No. 236/2006 - Spider Crab (Conservation of Stocks) Regulations 2006

STATUTORY INSTRUMENTS

S.I. No. 236 of 2006

SPIDER CRAB (CONSERVATION OF STOCKS) REGULATIONS 2006

S.I. No. 236 of 2006

Spider Crab (Conservation of Stocks) Regulations, 2006.

I, John Browne, Minister of State at the Department of Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 15 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No.8 of 2006), and the Marine (Delegation of Ministerial Functions) (No. 2) Order 2006 (No. 167 of 2006), hereby make the following regulations:

1.        These Regulations may be cited as the Spider Crab (Conservation of Stocks Regulations, 2006.

2.      (1)  In these Regulations -

“Communication” means the Communication (85/C347/05) from the Commission of the European Communities on the description of the ICES sub-areas and divisions used for the purpose of fishery statistics and regulations in the north east Atlantic¹ ;

“Spider Crab” means Maja squinado (Herbst 1788)

“specified area” means the parts of the sea described in the Annex to the Communication and therein referred to as ICES Sub-area VI and Sub-area VII.

(2)  In any proceedings in which a contravention of these Regulations is alleged prima facie evidence of the Communication may be given by the production of a copy of the Official Journal purporting to contain the Communication.

3.      These Regulations apply to spider crab the carapace size of which is less than 130 millimetres for males and 125 millimetres for females, measured as the length of the carapace, along the midline, from the edge of the carapace between the rostrums to the posterior edge of the carapace.

4.      (1)  An Irish sea-fishing boat shall not have spider crab to which these Regulations apply on board taken in the specified area.

(2)  The master or person in charge of an Irish sea-fishing boat shall not cause or permit the boat or any person to have spider crab to which these Regulations apply on board taken in the specified area.

5.      (1)  An Irish sea-fishing boat shall not be used for the landing or transhipment of spider crab to which these Regulations apply taken in the specified area.

(2)  The master or person in charge of an Irish sea-fishing boat shall not cause or permit the boat to be used for the landing or transhipment of spider crab to which these Regulations apply taken in the specified area.

6.      Any spider crab to which these Regulations apply taken in the specified area in the course of fishing shall be carefully handled and returned alive, immediately, to the sea.

7.      A person shall not display, sell, offer for sale or store for the purposes of selling any spider crab to which these Regulations apply taken in the specified area.

EXPLANATORY NOTE

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

The effect of these Regulations is to prohibit the landing of any spider crab whose carapace length is less than 130 mm for males and 125mm for females.

¹ O.J. C347 of 31.12.1985