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S.I. No. 362/1985 - Sole (Prohibition on Fishing in The Irish Sea) Order, 1985.

S.I. No. 362 of 1985.

SOLE (PROHIBITION ON FISHING IN THE IRISH 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 Sole (Prohibition on fishing in the Irish Sea) Order, 1985.

2. This Order shall come into operation on the 8th day of November, 1985.

3. (1) In this Order "the specified area" means ICES Division VII (a).

(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. C 140/3 of 3.6.1982.

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

4. Neither an Irish sea-fishing boat nor a person on board an Irish sea-fishing boat shall engage in fishing for sole 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 sole 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 sole 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 or landing of sole 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 sole 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 sole were received on board the boat outherwise 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,

(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 Sole 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.

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

PADDY O'TOOLE,

Minister for Fisheries and Forestry.

EXPLANATORY NOTE.

The effect of this Order is to prohibit fishing for, landing, transhipping or having on board sole by Irish sea-fishing boats in ICES Division VII a.