S.I. No. 329/1985 - Celtic Sea (Prohibition on Herring Fishing) Order, 1985.

S.I. No. 329 of 1985.

CELTIC SEA (PROHIBITION ON HERRING FISHING) ORDER, 1985.

I, PADDY O'TOOLE, Minister for Fisheries and Forestry, 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 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 Celtic Sea (Prohibition on Herring Fishing) Order, 1985, and shall come into operation on the 1st day of October, 1985.

2. In this Order "the Celtic Sea" means that part of the exclusive fishery limits of the State that lies south of the line of latitude of 52° 30' north and "the prohibited periods" are those defined in Article 3 of this Order.

3. Fishing for herring by Irish sea-fishing boats in the Celtic Sea is hereby prohibited:

(i) between the 1st day of April and the 30th day of September, during the period beginning at 2.00 p.m. on any Friday and ending at 2.00 p.m. on the following Sunday, and

(ii) between the 1st day of October and the 31st day of March of the following year, during the period beginning at 2.00 p.m. on any Saturday and ending at 2.00 p.m. on the following Monday.

4. Neither an Irish sea-fishing boat nor a person on board an Irish sea-fishing boat shall engage in fishing for herring in the Celtic Sea 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 Celtic Sea during either of the prohibited periods.

5. ( a ) An Irish sea-fishing boat shall not have herring on board in the Celtic Sea during either of the specified periods.

( b ) The master of an Irish sea-fishing boat shall not cause or permit the boat or any person on board to have herring on board in the Celtic Sea during either of the prohibited periods.

6. The master of an Irish sea-fishing boat shall not cause or permit the boat to be used in the Celtic Sea for the transhipment of herring from an Irish sea-fishing boat during either of the prohibited periods.

7. (1) In a prosecution for an offence under Article 6 of this order the following shall be prima facie evidence that the sea-fishing boat concerned was, at the time of the alleged offence, used for the transhipment of herring in contravention of paragraph (1) of this Article:

( a ) evidence that such sea-fishing boat had on board any books, papers or other documents from which it appears to the Court that on the day on which the offence is alleged to have been committed herring were received on board the boat otherwise than in the course of fishing;

( b ) any admission by any person who is for the time being the master or other person in charge, or another member of the crew, of such sea-fishing boat that at such time she was so used,

( c ) any other matter from which it so appears that such sea-fishing boat was so used or which in the opinion of the Court suggest, or tends to suggest, that such sea-fishing boat was so used;

and

(2) In a prosecution for an offence under Article 5 of this Order it shall be a defence for the defendant to prove that the herring to which the prosecution relates—

( a ) were taken in the course of fishing that did not contravene Article 4 of this Order, or

( b ) were taken outside the Celtic Sea.

GIVEN under my Official Seal, this 25th day of September, 1985.

PADDY O'TOOLE, TD,

Minister for Fisheries and Forestry.

EXPLANATORY NOTE.

This Order prohibits weekend fishing for herring in the Celtic Sea by Irish sea-fishing boats.