S.I. No. 495/2003 - Monk (Fisheries Management and Conservation) (No 18) Order, 2003

I, Dermot Ahern, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 223A (inserted by section 9 of the Fisheries (Amendment) Act, 1978 (No. 18 of 1978), and amended by section 4 of the Fisheries (Amendment) Act, 1983 (No. 27 of 1983)) of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959), and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1977 ( S.I. No. 30 of 1977 ) ((as adapted by the Marine and Natural Resources (Alteration of name of Department and Title of Minister) Order, 2002 ( S.I. No 307 of 2002 )) hereby order as follows:

1.           This Order may be cited as the Monk (Fisheries Management and Conservation) (No 18) Order, 2003 and shall come into operation on the 22^nd day of October 2003.

2.           (1)         In this Order -

“the specified area” means the parts of the sea described in the Annex to the Communication and therein referred to as ICES sub-area Vb (EC waters), VI, XII, XIV.

“monkfish” means Lophius spp

“length”, in relation to a boat, means the distance from the forepart of the stem of the boat to the aft side of the head of the sternpost of the boat or to the foreside of the rudder stock.

(2)         In this Article -

“the 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 fishing statistics and regulations in the North East Atlantic(¹);

“ICES” means the International Council for the Exploration of the Sea.

(3)         In any proceedings in which a contravention of this Order 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.           (1)         From the 22^nd day of October, 2003 an Irish sea-fishing boat, or a person on board such boat, fishing in the specified area shall not have or retain on board mo monkfish.

4.           From the 22^nd day of October, 2003 the master or other person for the time being in charge of an Irish sea fishing boat shall not cause or permit such boat to be used in the specified area for the transhipment of monkfish or cause or permit such boat to engage in transhipment operations at sea.

EXPLANATORY NOTE

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

This Order prohibits the fishing for monkfish in Area Vb (EC waters), VI, XII, XIV with effect from the 22^nd day of October 2003.

It is prohibited to tranship or to engage in transhipment operations of monkfish.