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S.I. No. 165/2003 - Herring (Fisheries Management and Conservation) Order, 2003

I, Dermot Ahern, Minister for Communications, 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 and Natural Resources (Alteration of name of Department and Title of Minister) Order, 2002 ( S.I. No 307 of 2002 )), hereby order as follows:

1.           This Order may be cited as the Herring (Fisheries Management and Conservation) Order, 2003 and shall come into operation at 12pm on the 30th day of April, 2003.

2.           In this Order “the specified area” means ICES Sub-area Vb, ICES Sub-area VIa South of 56°00’N and west of 07 00’W and ICES Sub-area VIa North of 56°00’N and in that part of VIa which is situated east of 07°00’W and north of 55°00’N, excluding the Clyde, ICES Sub-area VIb and ICES Sub-area VIIbc.

3.           Neither an Irish Sea Fishing boat nor a person on board an Irish Sea Fishing boat shall engage in fishing for herring in the specified area 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.

4.           (1)         An Irish sea-fishing boat shall not have herring on board in the specified area.

(2)         The master of an Irish sea-fishing boat shall not cause or permit the boat or any person to have herring on board in the specified area.

5.           (1)         An Irish sea-fishing boat shall not be used for the landing or transhipment of herring in the specified area.

(2)         The master of an Irish sea-fishing boat shall not cause or permit the boat to be used in the specified area for the landing or transhipment of herring.

6.           (1)         In a prosecution for an offence under Article 5 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

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 sea-fishing boats in ICES Divisions Vb, VIaS, VIaN, VIb, VIIbc with effect from 12pm on the 30th day of April, 2003.

This order allows for a 5% by-catch of herring.