S.I. No. 13/1989 - Celtic Sea (Restriction on Herring Fishing) Order, 1989.

S.I. No. 13 of 1989.

CELTIC SEA (RESTRICTION ON HERRING FISHING) ORDER, 1989.

The Minister for the Marine, in exercise of the powers conferred on him 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 adopted by the Tourism, Fisheries and Forestry (Alteration of Name of Department and Title of Minister) Order, 1987 ( S.I. No. 82 of 1987 ) ), hereby makes the following Order:

1. This Order may be cited as the Celtic Sea (Restriction on Herring Fishing) Order, 1989, and shall come into operation on the 23rd day of January, 1989, and shall cease to have effect from the 30th day of January, 1989.

2. In this Order "the specified area" means that part of the exclusive fishery limits of the State that lies south of the line of latitude of 52°30' North and east of the line of longitude of 7°30' West.

3. 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.

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

5. (1) An Irish sea-fishing boat shall not be used for the landing or transhipment of herring in the specified area.

(2) The master of an Irish sea-fishing boat shall not cause or permit the boat to be used in the specified area for the landing or transhipment of herring.

6. (1) In a prosecution for an offence under Article 5 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 or herring were landed or transhiped from the boat,

( 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 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 4 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 3 of this Order, or

( b ) were taken outside the specified area.

GIVEN under the Official Seal of the Minister for the Marine, this 20th day

of January, 1989.

THOMAS A. CARROLL,

An officer authorised to authenticate the seal of the

Minister for the Marine.

EXPLANATORY NOTE.

The effect of this order is to prohibit fishing for, landing, transhipping or having on board herring by Irish registered fishing vessels in that part of the Celtic Sea east of 7°30' West from 23rd January, 1989 to 30th January, 1989.