S.I. No. 380/1986 - Hake (Prohibition on Fishing) Order, 1986.

S.I. No. 380 of 1986.

HAKE (PROHIBITION ON FISHING) 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 Hake (Prohibition on Fishing) Order, 1986.

2. This Order shall come into operation on the 28th day of November, 1986 and cease to have effect on the 1st day of January, 1987.

3. (1) In this Order, "the specified areas" means ICES Sub-area VI and ICES Sub area VII.

(2) 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 purporting to contain the Communication.

(3) 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 Atlantic ¹;

¹ O.J. No. C140/3 of 3rd June, 1982.

"ICES Sub-area VI" and "ICES Sub-area VII" mean, respectively, the parts of the sea described in the Annex to the Communication and therein referred to as Sub-area VI and Sub-area VII.

4. Neither an Irish sea-fishing boat nor a person on board an Irish sea-fishing boat shall engage in fishing for hake in the specified areas 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 areas.

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

( b ) The master of an Irish sea-fishing boat shall not cause or permit the boat or any person on board to have hake on board within the specified areas.

6. The master of a sea-fishing boat shall not cause or permit the boat to be used within the specified areas for the transhipment of hake 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 hake 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 hake 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.

(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 hake 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 areas.

GIVEN under my Official Seal, this 26th day of November, 1986.

LIAM KAVANAGH, T.D.

Minister for Tourism, Fisheries and Forestry.

EXPLANATORY NOTE.

The effect of this Order is to prohibit fishing for, transhipping, landing or having on board hake by Irish sea fishing boats from 28th November, 1986 until 1st January 1987.