S.I. No. 664/2003 - Cod (Fisheries Management and Conservation) (No. 17) 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 Cod (Fisheries Management and Conservation) (No. 17) Order 2003 and shall come into operation on 16 December 2003 and shall cease to have effect on 15 February 2004.

2.  (1)  In this Order—

“the specified area” means that part of ICES Sub-area VIa in the box bounded by the following co-ordinates:

“the fishing gears” means demersal and pelagic trawls, seines and similar towed gears, beam trawls static demersal nets including gill nets, trammel nets and tangle nets, hook and line including demersal longlines and jigging, a fish and shellfish traps including lobster and crab creels.

“Irish sea-fishing boat” means a fishing boat included on the Irish Register of Fishing Boats.

(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 to the Communication may be given by the production of a copy of the Official Journal purporting to contain the Communication.

3.  Neither an Irish sea-fishing boat nor a person on board an Irish sea-fishing boat shall deploy the fishing gears in the specified area and the master of an Irish sea-fishing boat shall not cause or permit the boat or any person on board to deploy the fishing gears in the specified area.

4.  The Cod (Fisheries Management and Conservation) (No. 14) Order 2003, ( S.I. No. 431 of 2003 ) is hereby revoked.

EXPLANATORY NOTE.

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

This Order prohibits for a period from 16 December 2003 to 15 day of February 2004 the deployment of a wide range of fishing gears including demersal, pelagic and shellfish fishing gears in an area bounded by the following co-ordinates off the Greencastle coast in County Donegal:

This Order comes into effect from 16 December 2003.

(¹) O.J. C.347/14 of 31/12/85