S.I. No. 254/1988:

HERRING (PROHIBITION ON FISHING) (No. 2) ORDER, 1988.

HERRING (PROHIBITION ON FISHING) (No. 2) ORDER, 1988.

I, BRENDAN DALY, Minister for the Marine, 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 Tourism, Fisheries and Forestry (Alteration of Name of Department and Title of Minister) Order, 1987 ( S.I. No. 82 of 1987 )), hereby order as follows:

1. This Order may be cited as the Herring (Prohibition on Fishing) (No. 2) Order, 1988.

2. This Order shall come into operation on the 3rd day of October, 1988, and shall cease to have effect on 1st January, 1989.

3. (1) In this Order "the specified area" means the parts of the sea described in the Annex to the Communication and therein referred to as division Vb), division VIa), division VIb), division VIIb) and division VIIc).

(2) In this Article--

"the Communication" means the Communication (85/C.347/05) from the Commission of the European Communities on the description of the ICES sub-areas and divisions used for the purposes of fishing statistics and regulations in the north-east Atlantic;⁽¹⁾

⁽¹⁾O.J. No. C.347/14 of 31/12/85.

"ICES" means the International Council for the Exploration of the Sea.

(3) 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.

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

(2) 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 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 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, 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.

(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.

(3) (a) In a prosecution for an offence under Article 5 or 6 of this Order it shall be a defence for the defendant to prove that the herring to which the prosecution relates were taken in divisions Vb), VIa) North or VIb) in the course of fishing for mackerel or horse mackerel only and were inextricably mixed with catches of, those species and did not exceed 10 per cent by weight of the total catch.

(b) In this paragraph "division VIa) North" means ICES division VIa), north of 56°00’N and that part of division VIa) which is situated east of 07°00’W and north of 55°00’N, excluding the Clyde.

8. The Herring (Prohibition of Fishing) Order, 1988 ( S.I. No. 136 of 1988 ), is hereby revoked.

GIVEN under my Official Seal, this 30th day of September, 1988.

BRENDAN DALY,

Minister for the Marine.

EXPLANATORY NOTE.

This Order prohibits fishing for transhipping, landing or having on board herring by Irish sea-fishing boats in I.C.E.S. divisions Vb), VIa), VIb), VIIb) and VIIc).

This Order allows a by-catch of herring in I.C.E.S. divisions Vb), VIa) North or VIb) provided the herring were taken in the course of fishing for mackerel or horse mackerel only and were inextricably mixed with those species and did not exceed 10 per cent by weight of the total catch.

This Order shall come into effect on 3rd October, 1988 and shall cease to have effect on the 1st January, 1989.

The Herring (Prohibition on Fishing) Order, 1988 ( S.I. No. 136 of 1988 ) is hereby revoked.