Bass regulations - can someone explain

I was looking for last year's renewal of the orders concern bass (restriction of sale and conservation of stocks) and came across two orders signed in May 2006 which expire at the end of June 2006.

http://www.dcmnr.gov.ie/Marine/Sea+Fish ... gement.htm

I don't remember seeing this before. Anyone know what it's about?

Jonathan

Happens every year. The bass close season is set and the ban on commercial fishing is renewed for another year.

Happens every year. The bass close season is set and the ban on commercial fishing is renewed for another year.

Well, that's what I was expecting to find. But it's the fact that the legislation seems to have been replaced early with a "regulation" instead of an "order" and the new regulation expires (as usual) in June 2006.

I'm just looking now to make sure the legislation hasn't changed in the fine print ...

I don't remember seeing this before. Anyone know what it's about?

Jonathan

from what i have just read, it seems to state that if any one selling or buying bass caught in the country between those dates is performing an illegal act..

I think there are 2 seperate orders renewed every year. One is for the closed season and the other is for the annual renewal of the commercial fishing ban all year round. Trust the gov to keep it simple......

Why they can't just say for once and for all that commercial bass fishing is a no-no and set the closed season to be the same time every year beats me.......

There are still two "statutory instruments" as there always have been and they're still called (almost) the same name. The thing that was puzzling me is the fact that they were resigned early this year (beginning of May, rather than end of June) and that the new ones that were signed expire only two months after being signed.

I've come to the conclusion that it is just some legal maneuvering because of new legislation introduced last April, replacing "orders" with "regulations".

S.I. No. 230 of 2006

BASS (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 Bass (Conservation of Stocks) Regulations 2006.

2. These Regulations shall come into operation on 9 May 2006.

3. (1) In these Regulations -

"the specified areas" means ICES Sub-area VI and ICES Sub-area VII.

“Bass” means dicentrarchus labrax

(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) In this Regulation—

"the Communication" means the Communication from the Commission of the European Communities on the description of the ICES sub-areas and divisions used for the purposes of fisheries statistics and regulations in the North East Atlantic1;

"ICES Sub-area VI" and "ICES Sub-area VII" mean, respectively, the parts of the sea described in the Annex to the Communication and therein referred to as Sub-area VI and Sub-area VII.

4. Neither an Irish sea-fishing boat nor a person on board an Irish sea-fishing boat shall engage in fishing for bass in the specified areas and the master of an Irish sea-fishing boat shall not cause or permit the boat or any person on board to engage in such fishing in the specified areas.

5. It is hereby prohibited to fish or to attempt to fish for bass using nets in the specified areas.

6. (a) An Irish sea-fishing boat shall not have bass on board within the specified areas.

(b) The master of an Irish sea-fishing boat shall not cause or permit the boat or any person on board to have bass on board within the specified areas.

7. The master of an Irish sea-fishing boat shall not cause or permit the boat to be used within the specified areas for the transhipment of bass from a sea-fishing boat.

8. No person shall, within the State, have in possession bass of size less than 40 centimetres measured from the tip of the snout to the end of the tail.




GIVEN under my hand
4 May 2006


John Browne



Minister of State at the Department of Communications, Marine and Natural Resources.

It's the dates on the other regulation that are puzzling ...

S.I. No. 231 of 2006 BASS (RESTRICTION ON SALE) 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 Bass (Restriction on Sale) Regulations 2006.

2. These Regulations shall come into operation on 9 May 2006 and shall cease to have effect from 30 June 2006.

3. In these Regulations

“Bass” means Dicentrarchus labrax

4. No person shall sell or offer for sale bass other than bass that has been imported into the State.



GIVEN under my hand,
4 May 2006

John Browne

Minister of State at the Department of
Communications, Marine and Natural Resources