S.I. No. 301/1986 - Herring (Prohibition on Fishing in The Irish Sea) Order, 1986

S.I. No. 301 of 1986.

HERRING (PROHIBITION ON FISHING IN THE IRISH SEA) ORDER, 1986

I, LIAM KAVANAGH, Minister for Tourism, Fisheries and Forestry, in exercise of the powers conferred on me by section 223A (inserted by 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 and Forestry (Alteration of Name 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 Herring (Prohibition on Fishing in the Irish Sea) Order, 1986.

2. This Order shall come into operation on the 7th day of September, 1986.

3. (1) In this Order—

"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 ¹.

"the specified area" means that part of ICES Division VIIa) bounded to the south by the line of latitude 52° 30' North.

¹O.J. No. C 140/3 of 3.6 1982.

"ICES Division VIIa)" means the part of the sea described in the Annex to the Communication and therein referred to as Division VIIa).

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 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 in the specified area.

5. ( a ) An Irish sea-fishing boat shall not have herring on board within the specified area.

( 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 within the specified area.

6. The master of a sea-fishing boat shall not cause or permit the boat to be used within the specified area for the transhipment of herring from an Irish sea-fishing boat.

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 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 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 an other 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, 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 specified area.

8. In any proceedings in which a contravention of this Order is alleged prima facie evidence of the Communication may be given by the production of a copy of the Official Journal of the European Communities purporting to contain the Communication.

GIVEN under my Official Seal, this 2nd day of September, 1986.

LIAM KAVANAGH T.D.

Minister for Tourism, Fisheries

and Forestry.

EXPLANATORY NOTE.

The effect of this Order is to prohibit fishing for, landing or transhipping herring from Irish sea-fishing boats in the Irish Sea between latitude 55° N and latitude 52° 30' N with effect from 7th September, 1986 in accordance with Article 10 (2) of Council Regulation (EEC) 2057/82.