S.I. No. 53/2001 - Herring (Prohibition on Fishing in Ices Divisions Vb, VIaN, VIb and VIaS, VIIbc) Order, 2001.

I, Frank Fahey, Minister for the Marine and Natural Resources, 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 Marine (Alteration of Name of Department and title of Minister) Order, 1997 ( S.I. No. 301 of 1997 )), hereby order as follows:

1.       This Order may be cited as the Herring (Prohibition on Fishing in ICES Divisions Vb, VIaN, VIb and VIaS, VIIbc) Order, 2001 and shall come into operation on the 28th day of February, 2001.

2.       Neither an Irish Refrigerated Sea Water (RSW) pelagic vessel nor a person on board an Irish RSW pelagic vessel shall engage in fishing for herring in ICES Divisions Vb, VIaN, VIb and VIaS, VIIbc and the master of an Irish RSW pelagic vessel shall not cause or permit the boat or any person on board to engage in such fishing.

3.       (1)      An Irish RSW pelagic vessel shall not have herring on board in ICES Divisions Vb, VIaN, VIb and VIaS, VIIbc.

(2)      The master of an Irish RSW pelagic vessel shall not cause or permit the boat or any person to have herring on board in ICES Vb, VIaN, VIb and VIaS, VIIbc.

4.       (1)      An Irish RSW pelagic vessel shall not be used for the landing or transhipment of herring in ICES Divisions Vb, VIaN, VIb and VIaS, VIIbc.

(2)      The master of an Irish RSW pelagic vessel shall not cause or permit the boat to be used in ICES Division Vb, VIaN, VIb and VIaS, VIIbc for the landing or transhipment of herring.

5.       (1)      In a prosecution for an offence under Article 4 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 or landing of herring in contravention of that 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 otherwise than in the course of fishing or herring were landed or transhipped from the boat,

(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 suggests, or tends to suggest, that such sea-fishing boat was so used;

(2)      In a prosecution for an offence under Article 3 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 2 of this Order, or

(b)      were taken outside ICES Vb, VIaN, VIb and VIaS, VIIbc.

6.       Notwithstanding anything contained in this Order, an Irish RSW pelagic vessel may have herring on board and land or tranship herring in ICES Divisions Vb, VIaN, VIb and VIaS, VIIbc if the herring taken in the course of fishing for other species, and were inextricably mixed with catches of other species and did not exceed 5 per cent by weight of the total catch.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation).

This Order prohibits fishing for, transhipping, landing or having on board herring by Irish RSW vessels in ICES Divisions Vb, VIaN, VIb and VIaS, VIIbc with effect from the 28th February, 2001.

This Order allows for a by-catch by such vessels in ICES Division Vb, VIaN, VIb and VIaS VIIbc provided that the herring does not exceed 5% by weight of the total catch of all species on board.