S.I No 333 of 2003

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION OF HAKE) REGULATIONS 2003

I, Dermot Ahern, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 224B (inserted by section 5 of the Fisheries (Amendment) Act 1983 ( No. 27 of 1983 )) of 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 )) for the purpose of giving effect to Commission Regulation (EC) No. 494/2002 of 19 March 2002 (1) hereby make the following Regulations:

1. (1)    These Regulations may be cited as the Sea Fisheries (Conservation and Rational Exploitation of Hake) Regulations, 2003.

(2)    These Regulations come into operation on 23 July 2003.

2. (1) In these Regulations, unless the context otherwise requires -

“Commission Regulation” means Commission Regulation (EC) No. 494/2002 of 19 March 2002 and any future Regulation of the Commission made after the making of these Regulations which amends, extends, replaces or consolidates (with or without modification) the Commission Regulation (as defined herein);

“hake” means Merluccius merluccius.

(2) A word or expression that is used in these Regulations and is also used in the Commission Regulation has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Commission Regulation.

3. The provisions of the Commission Regulation (being measures for the recovery of stocks of hake) in so far as they relate to the exclusive fishery limits of the State are hereby prescribed and adopted and accordingly any infringement of the Commission Regulation within these limits after the commencement of these Regulations shall be an infringement of these Regulations.

4. In a prosecution for an infringement of the Commission Regulation in respect of which provision is made in the Commission Regulation for an exclusion, qualification, or exception to the relevant obligation imposed by the Commission Regulation which would be capable of constituting a defence to the charge, it shall be for the person charged to establish any such defence and it shall be presumed, until the contrary is proved, that there is no such defence in the particular case.

5. Where, in proceedings in which a contravention of these Regulations is alleged, it is proved that

(a) hake were found on board a sea-fishing boat, and

(b) at the time when the hake where so found the sea-fishing boat concerned was within any of areas specified in the Commission Regulation,

it shall be presumed until the contrary is proved that all of the hake so found was taken within any of such areas.

6. The mesh size of nets and the thickness of twines shall be measured for the purposes of these Regulations in accordance with the provisions of Commission Regulation (EC) No. 129/03⁽²⁾ of 24 January 2003 and any future Regulation of the Commission which amends, extends, replaces or consolidates (with or without modification) the said Commission Regulation (EC) 129/03.

EXPLANATORY NOTE

These Regulations makes any infringement of Commission Regulation (EC) No. 494/2002 of 19 March, 2002, which prescribes certain technical measures for the recovery of the stock of hake, an offence in so far as the Regulation relates to the State.

Provision has been made in these Regulations for the automatic enforcement of future Commission Regulations amending or replacing any of the Regulations prescribed and adopted in these Regulations.

Published by the Stationery Office, Dublin.

(1) O.J.L. 77/8 of 20.3.02.

(2) O.J.L 022 of 25.01.03