Sea Fishing (Restriction on Days at Sea) Order (Northern Ireland) 2004

Establishment of management periods

3.—(1) Management periods for a Northern Ireland fishing boat, as referred to in point 6(b) of Annex V, shall be determined and notified by the person in charge of the boat, as follows:

(a)the base unit for determination of management periods shall be one month;

(b)each management period may be determined in multiples of the base unit from 1 to 11 months;

(c)the determination of each management period must be notified to the Department of Agriculture and Rural Development at the same time as any grouping of regulated gear for the boat for the period;

and they are established by that determination and notification unless point 12 of Annex V applies to the boat, in which case they are established by confirmation of that determination and notification by the Department of Agriculture and Rural Development or by the Secretary of State for Environment, Food and Rural Affairs taking that point into account.

(2) The person in charge of a Northern Ireland fishing boat which, at any time during the Annex V year, is absent from port in the cod recovery zone carrying regulated gear for which a management period has not been established provided in paragraph (1), is guilty of an offence.

(3) For the purposes of this Article a notification given to the Department of Agriculture and Rural Development (whether after or in anticipation of the coming into operation of this Order) covering a management period including February, March or April 2004 and any grouping of gears for the period shall be treated as meeting the requirement of paragraph (1)(c).