S.I. No. 324/1988:

HAKE (RESTRICTION OF FISHING) ORDER, 1988.

HAKE (RESTRICTION OF FISHING) 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 Hake (Restriction of Fishing) Order, 1988.

2. This Order shall come into operation on the 9th day of December, 1988, and shall cease to have effect from the 1st day of January, 1989.

3. (1) In this Order--

"the specified areas" means the parts of the sea described in the Annex to the Communication and therein referred to as ICES sub-areas VI, VII, XII and XIV and ICES division Vb) (E.C. zone);

"hake" means merluccius merluccius.

(2) In this Article--

"the Communication" means the Communication (85/C347/05) from the Commission of the European Communities on the description of the ICES sub-areas and divisions used for the purpose of fishing statistics and regulations in the north-east Atlantic;⁽¹⁾

⁽¹⁾O.J. 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 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. (1) An Irish sea-fishing boat shall not have hake on board within the specified areas.

(2) 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 area for the transhipment or landing 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 or landing 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, 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 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.

8. Notwithstanding anything contained in this Order, an Irish sea-fishing boat may have hake on board and land or tranship hake in the specified areas if the hake did not exceed 10 per cent by weight of the total catch on board, landed, or, as the case may be, transhipped on any occasion.

GIVEN under my Official Seal, this 7th day of December, 1988.

BRENDAN DALY,

Minister for the Marine.

EXPLANATORY NOTE.

The effect of this Order is to prohibit fishing for, transhipping, landing or having on board hake by Irish sea-fishing boats in ICES Division Vb) (E.C. zone) and ICES sub-areas VI, VII, XII and XIV with effect from the 9th December, 1988 until 31st December, 1988 both said dates inclusive.

The Order allows for a by-catch of hake provided the hake did not comprise more than ten per cent of the total catch on board, landed, or, as the case may be transhipped on any occasion.