S.I. No. 388/1982 - Sea Fisheries (Conservation and Rational Exploitation) (No. 2) Order, 1982.


S.I. No. 388 of 1982.

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION) (NO. 2) ORDER, 1982.

WHEREAS, having regard to proposals by the Commission of the European Communities to the Council of those Communities for the adoption by the said Council of necessary measures, intended to be applicable to all the Member States of the European Economic Community, for the conservation and rational exploitation of the resources of the sea, the Member States of that Community (other than the Kingdom of Denmark) have, at the request of the said Commission pending the adoption by the said Council of such measures, mutually arranged that appropriate measures should be adopted by them;

AND WHEREAS the said arrangements between the aforesaid Member States include an arrangement whereby each of those States will restrict fishing by sea-fishing boats registered in its territory in the portions of the sea lying both within the fishery limits of each of the other Member States of the said Community and landward of the lines each point of which is at a distance of twelve nautical miles from the nearest point of the baseline of the particular such State;

AND WHEREAS in pursuance of the said arrangements it is necessary to provide for the restriction of fishing by Irish sea-fishing boats within the aforesaid portions of the sea;

AND WHEREAS it is also necessary to apply the said arrangements to the Kingdom of Denmark;

AND WHEREAS the provisions contained in this Order, being made for the purpose of giving effect to the said arrangements, are in accordance with the said proposals and request;

NOW I, PADDY O'TOOLE, Minister for Fisheries and Forestry, in exercise of the powers conferred on me by section 223A (inserted by the Fisheries (Amendment) Act, 1978 (No. 18 of 1978)) 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 Fisheries (Alteration of Name of Department and Title of Minister) Order, 1978 ( S.I. No. 195 of 1978 )), hereby order as follows:

1. This Order may be cited as the Sea Fisheries (Conservation and Rational Exploitation) (No. 2) Order, 1982.

2. In this Order—

"another Member State" means any Member State of the European Economic Community other than the State;

"the exclusive fishery limits of the State" means the exclusive fishery limits of the State for the purposes of Part XIII of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959);

"ICES Division" and "ICES Sub-area" mean, respectively, a Division or Sub-area referred to in column (2) of the Schedule to this Order;

"sea-fishing boat" means any ship, boat or other vessel of whatsoever kind used for sea-fishing.

3. (1) Neither a sea-fishing boat nor a person on board a sea-fishing boat shall engage in fishing for any species of fish mentioned in column (1) of the Schedule to this Order in any part of the sea which is within both the exclusive fishery limits of the State and an ICES Sub-area or ICES Division which in column (2) of the said Schedule is mentioned opposite the mention of the species in column (1) thereof.

(2) ( a ) Neither a sea-fishing boat registered in the Kingdom of Denmark nor a person on board such a sea-fishing boat shall engage in fishing in the part of the exclusive fishery limits of the State specified in subparagraph (b) of this paragraph.

( b ) The part of the exclusive fishery limits of the State referred to in subparagraph (a) of this paragraph is that portion of the sea (including internal or inland waters of the State) which lies landward of a line every point of which is at a distance of twelve nautical miles seaward from the nearest point of the baseline.

4. ( a ) A sea-fishing boat shall not have any species of fish mentioned in column (1) of the Schedule to this Order on board in any part of the sea which is within both the exclusive fishery limits of the State and an ICES Sub-area or ICES Division which in column (2) of the said Schedule is mentioned opposite the mention of the species in column (1) thereof.

( b ) The master of a sea-fishing boat shall not cause or permit the boat or any person on board to have any species of fish mentioned in column (1) of the Schedule to this Order on board in any part of the sea which is within both the exclusive fishery limits of the State and an ICES Sub-area or ICES Division which in column (2) of the said Schedule is mentioned opposite the mention of the species in column (1) thereof.

5. (1) For the purposes of this Article, the relevant seas of another Member State shall be that portion of the sea which lies both within the fishery limits of that State and landward of the line every point of which is at a distance of twelve nautical miles from the nearest point of the baseline of that State.

(2) Neither an Irish sea-fishing boat nor a person on board such a sea-fishing boat shall engage in fishing within the relevant seas of another Member State save under and in accordance with a licence granted by the Minister for the purposes of this Article.

(3) ( a ) The Minister, upon an application being made to him in that behalf in writing and upon being furnished by the applicant with any information which the Minister may reasonably require in relation to the application and having regard to the arrangements to restrict fishing referred to in the second recital to this Order, may grant a licence for the purposes of this Article.

( b ) A licence granted for the purposes of this Article shall be subject to such conditions (if any) as the Minister thinks fit and specifies in the licence.

( c ) The Minister may vary any condition attached to a licence granted for the purposes of this Article.

( d ) The Minister may, if he so thinks fit and is satisfied that there has been a contravention of a condition attached to a licence granted for the purposes of this Article, revoke the licence.

6. (1) In a prosecution for an offence in which a contravention of or an attempt to contravene this Order, other than Article 5 (2), is alleged, it shall be a defence for the defendant to prove that at the time of the alleged offence the sea-fishing boat on which the alleged offence is alleged to have been committed or which is otherwise concerned was registered in a State specified in column (3) of the Schedule to this Order opposite both the mention in column (1) of the said Schedule of the species to which the alleged offence relates and the mention in column (2) of the said Schedule of the ICES Sub-area or ICES Division, as may be appropriate, to which the alleged offence relates.

(2) Where, in a prosecution for an offence in which a contravention of or an attempt to contravene this Order is alleged, there is evidence from which it appears to the Court that the sea-fishing boat on board which it is alleged that the offence was committed or which is otherwise concerned, was at or about the time of such offence, either of an Irish, Belgian, Danish, Dutch, French, Greek, Italian, United Kingdom or West German character or origin or that, at or about such time, the boat—

( a ) wore a flag distinctive of Irish, Belgian, Danish, Dutch, French, Greek, Italian, United Kingdom or West German nationality, as the case may be, or

( b ) had marked on her stern the name of any place in the State or in the Kingdom of Belgium, the Kingdom of Denmark, the French Republic, the Federal Republic of Germany, the Hellenic Republic, the Italian Republic, the Kingdom of the Netherlands, the United Kingdom of Great Britain and Northern Ireland, as the case may be, or

( c ) had on board any books, papers or other documents from which it so appears that the boat was, at the time of such offences, of an Irish, Belgian, Danish, Dutch, French, Greek, Italian, United Kingdom or West German character or origin,

then, until the contrary is shown, such evidence shall be sufficient to prove, as the case may be, either that, at the time of such offence, the boat was an Irish sea-fishing boat or was registered in the Kingdom of Belgium, the Kingdom of Denmark, the French Republic, the Hellenic Republic, the Italian Republic, the Federal Republic of Germany, the Kingdom of the Netherlands or the United Kingdom of Great Britain and Northern Ireland, as the case may be.

7. This Order shall come into operation on the 1st day of January, 1983.

SCHEDULE.

(1)

Species of Fish

(2)

ICES Sub-Area or Division

(3)

Member States

Cod

ICES Sub-Area VI

Belgium, Federal Republic of Germany, France, Ireland, United Kingdom.

ICES Sub-Area VII

Belgium, France, Ireland, Netherlands, United Kingdom.

Haddock

ICES Division VIa)

Federal Republic of Germany, France, Ireland, United Kingdom.

ICES Division VIb)

France, United Kingdom.

ICES Sub-Area VII

Belgium, France, Ireland, United Kingdom.

Saithe

ICES Sub-Area VI

Federal Republic of Germany, France, Ireland, United Kingdom.

ICES Sub-Area VII

Belgium, France, Ireland, United Kingdom.

Whiting

ICES Sub-Area VI

Federal Republic of Germany, France, Ireland, United Kingdom.

ICES Sub-Area VII

Belgium, France, Ireland, Netherlands, United Kingdom.

Plaice

ICES Sub-Area VI

France, Ireland, United Kingdom.

ICES Division VIIa)

Belgium, France, Ireland, Netherlands, United Kingdom.

ICES Division VIIb), c)

France, Ireland.

ICES Division VIIg)

Belgium, France, Ireland, United Kingdom.

Sole

ICES Sub-Area VI

Ireland, United Kingdom

ICES Division VIIa)

Belgium, France, Ireland, Netherlands, United Kingdom.

ICES Division VIIb). c)

France, Ireland

ICES Division VIIg)

Belgium, France, Ireland, United Kingdom

Mackerel

ICES Sub-Area VI

ICES Sub-Area VII

Federal Republic of Germany, France, Ireland, Netherlands, United Kingdom.

Hake

ICES Sub-Area VI

ICES Sub-Area VII

Belgium, France, Ireland, United Kingdom.

Herring

ICES Division VIa) (North of 56° N and in that part of ICES Division VIa) which is situated east of 7° W and North of 55° N) ICES Division VIb)

Federal Republic of Germany, France, Ireland, Netherlands, United Kingdom.

ICES Division VIa) (South of 52°30'N) ICES Division VIIb),c)

Ireland, Netherlands

ICES Division VIIa) (North of 52°30°N)

Ireland, United Kingdom.

In this Schedule—

"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 Atlantic(a);

(a)O.J. No. C140/6 of 3/6/1982.

"ICES Division VIa)", "ICES Division VIb)", "ICES Division VIIa)", "ICES Division VIIb), c)", "ICES Division VIIg)", "ICES Sub-area VI", "ICES Sub-area VII" mean, respectively, the parts of the sea described in and referred to in the Annex to the Communication as Division VIa), Division VIb), Division VIIa), Division VIIb), c), Division VIIg), Sub-area VI, Sub-area VII.

GIVEN under my Official Seal, this 31st day of December, 1982.

PADDY O'TOOLE,

Minister for Fisheries and Forestry.

EXPLANATORY NOTE.

This Order (a) prohibits vessels from any member State of the EEC from fishing for scheduled species of fish within the exclusive fishery limits of the State except in accordance with the quota proposals of the EEC Commission for such species for 1982. In the event of the proposed quotas for any stocks being reached before 31st December 1983, further Orders will be made providing for cessation of fishing on such stocks by vessels whose national quotas have been reached, (b) prohibits Danish vessels from fishing in the area landward of a line 12 miles from baselines and (c) prohibits Irish vessels from fishing in the area landward of a line 12 miles from baselines of other member States of the EEC except in accordance with a licence issued by the Minister.