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S.I. No. 361/1985 - Herring (Prohibition on Fishing in The Celtic Sea) Order, 1985.

S.I. No. 361 of 1985.

HERRING (PROHIBITION ON FISHING IN THE CELTIC SEA) ORDER, 1985.

I, PADDY O'TOOLE, Minister for 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 (Alteration of Name of Department and Title of Minister) Order, 1978 ( S.I. No. 195 of 1978 )), hereby order as follows:—

1. This Order may be cited as the Herring (Prohibition on Fishing in the Celtic Sea) Order, 1985.

2. This Order shall come into operation on the 10th day of November, 1985.

3. In this Order the 'Celtic Sea' means that part of the exclusive fishery limits of the State that lies south of the line of latitude 52° 30' North.

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 Celtic Sea 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 Celtic Sea.

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

(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 Celtic Sea.

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

7. 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 or landing, as the case may be, of herring in contravention 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, or

(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, or

(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.

GIVEN under my Official Seal, this 6th day of November, 1985.

PADDY O'TOOLE, TD.,

Minister for Fisheries and Forestry.

EXPLANATORY NOTE.

This Order closes the Celtic Sea Herring fishery for Irish Sea-fishing boats with effect from 10 November, 1985.