S.I. No. 57/1986 - Sea Fishing (Enforcement of European Community Quotas) Order, 1986.

I, LIAM KAVANAGH, Minister for Tourism, 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) of the Fisheries (Consolidation) Act, 1959 , (No. 14 of 1959), as amended by section 4 of the Fisheries (Amendment) Act, 1983 (No. 27 of 1983), and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1977 ( S.I. No. 30 of 1977 ) (as adapted by the Fisheries and Forestry (Alteration of Names of Department and Title of Minister) Order 1986 ( S.I. No. 40 of 1986 ), hereby order as follows:

1. This Order may be cited as the Sea Fishing (Enforcement of European Community Quotas) Order, 1986.

2. In this Order "the Council Regulations" mean Council Regulation (EEC) No. 3721/85 of 20 December, 1985¹ as amended by Council Regulation (EEC) 3777/85 of 31 December, 1985^2, as extended by Council Regulation (EEC) 114/86 of 20 January, 1986^3. Council Regulation (EEC) 3724/85 of 20 December, 1985⁴ and Council Regulation (EEC) 3780/85 of 31 December, 1985⁵ and any future Regulation of the Council which amends or extends any of the said Regulations.

3. The provisions of the Council Regulation (being measures of conservation of fish stocks and measures of rational exploitation of fisheries), in so far as they relate either to State, including the exclusive fishery limits of the State, or to an Irish sea-fishing boat are each hereby prescribed and adopted and accordingly any infringement of the Council Regulations within those limits (or, as the case may be, within the State), or any such infringement, whether or not within the said limits and whether or not within the State, in relation to an Irish sea-fishing boat or by a person on board an Irish sea-fishing boat shall be an infringement of this order.

¹ O.J. No. L 361/5 of 31.12.1985.

² O.J. No. L 363/1 of 31.12.1985.

³ O.J. No. L 17/4 of 23.1.1986.

⁴ O.J. No. L 361/45 of 31.12.1985.

⁵ O.J . No. L 363/25 of 31.12.1985.

4. Where a regulation or other act adopted, whether before or after the commencement of this Order, by the Council or any other institution of the European Communities provides that catches, being—

( a ) catches of one or more species of fish specified in the Council Regulations,

( b ) catches in waters so specified by reference to one or more or all of the ICES Sub-areas and Divisions specified in paragraph (3) of Article 5 of this Order, or

( c ) catches by vessels of a particular class or description so specified, are deemed to have exhausted one or more quotas so specified, the following provisions shall apply:

(i) in case the act prohibits or restricts fishing, the prohibition or restriction, in so far as it relates to the State, or the exclusive fishery limits of the State, shall stand prescribed and adopted and accordingly any infringement of the prohibition or restriction within those limits (or, as the case may be otherwise within the State) shall be an infringement of this Order, and

(ii) in any legal proceedings, unless the contrary is proved, the quota, or, as may be appropriate, each of the quotas, referred to in the act shall be regarded as having been exhausted.

5. (1) Where, in proceedings in which an infringement or contravention of this Order is alleged, it is proved that—

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

( b ) at the time when the fish were so found the sea-fishing boat concerned was within both the exclusive fishery limits of the State and—

(i) the part of the sea referred to in either paragraph (3) or (4) of Article 6 of Council Regulation, (EEC) 3721/85, or

(ii) any of the ICES Sub-areas or Divisions specified in paragraph (3) of this Article, it shall be presumed until the contrary is proved that all of the catch so found was taken within such limits and within such part, Sub-area or Division, as may be appropriate.

(2) In any proceedings referred to in paragraph (1) of this Article each of the following shall be prima facie evidence that the sea-fishing boat concerned was, at the time of the alleged offence, registered in a particular Member State (including the State):

(i) evidence that at or about the time of the alleged offence such sea-fishing boat wore the ensign or national flag of that Member State,

(ii) evidence that at or about such time such sea-fishing boat had marked on her stern the name of a port or other place in that Member State,

(iii) evidence that at or about such time such sea-fishing boat had on board any books, papers or other documents from which it appears to the court that at such time she was so registered,

(iv) 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 she was at such time so registered.

(v) any other matter from which it so appears that such sea-fishing boat was so registered or which in the opinion of the court suggests, or tends to suggest, that such sea-fishing boat was so registered.

(3) The ICES Sub-areas and Divisions referred to in paragraph (1) of this Article are,

( a ) Sub-area VI and Sub-area VII,

( b ) the following Divisions of Sub-area VI, namely, Division VIa) and Division VIb), and

( c ) The following Divisions of Sub-area VII, namely, Division VIIa), Division VIIb), Division VIIc), Division VIIg), Division VIIb), Division VII j) and Division VIIk).

(4) In any proceedings referred to in paragraph (1) of this Article prima facie evidence of the Communication may be given by the production of a copy of the Official Journal purporting to contain the Communication.

(5) In this Article—

"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;

"Sub-area VI", "Sub-area VII", "Division VIa)",

"Division VIb)", "Division VIIa)", "Division VIIb)",

"Division VIIc)", "Division VIIg)", "Division VIIb)", "Division VIIj)" and "Division VIIk)" mean, respectively, the parts of the sea describe in the Annex to the Communication and therein referred to as Sub-area VI, Sub-area VII, Division VIa), Division VIb), Division VIIa), Division VIIb), Division VII), Division VIIg), Division VIIh), Division VIIj) and Division VIIk).

6. (1) Subject to paragraph (2) of this Article, this order shall cease to have effect from the date of expiry of the Council Regulations.

(2) If with effect from the date of expiry of the Council Regulations, the Council of the European Communities adopts any further Regulation governing, in whole or in part, the same subject matter as any of the Council Regulations, this Order shall remain in force and its provisions shall, with the necessary modifications, apply to the said further Regulation of the Council including any subsequent Regulation of the Council which amends or extends any such further Regulation, as if such further Regulation was within the meaning of "the Council Regulations" in Article 2 of this Order.

¹ O.J. No. L 361/5 of 31.12.1985.

GIVEN under my Official Seal, this 6th day of March 1986.

LIAM KAVANAGH,

Minister for Tourism, Fishereis

and Forestry.

EXPLANATORY NOTE.

This Order makes any infringement of Council Regulation (EEC) No. 3721/85 (which fixes total allowable catches and quotas for certain fish stocks for 1986 and specifies conditions under which these catches may be fished) as amended by Council Regulation (EEC) No. 3777/85 and extended by Council Regulation (EEC) No. 114/86 an offence in so far as that Regulation relates either to the exclusive fishery limits of the State or to an Irish sea-fishing boat.

This Order also makes any infringement of Council Regulations (EEC) Nos 3724/85 and 3780/85 (fixing flat rates of hake, horse mackerel and blue whiting allocated to Spain and Porgugal respectively) an offence in so far as these regulations relate to the state, including the exclusive fishery limits of the state.