S.I. No. 314/1990 - Herring (Restriction of Fishing in The Irish Sea) (No. 2) Order, 1990.

S.I. No. 314 of 1990.

HERRING (RESTRICTION OF FISHING IN THE IRISH SEA) (No. 2) ORDER, 1990.

I, JOHN P. WILSON, 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 (Restriction of Fishing in the Irish Sea) (No. 2) Order, 1990.

2. This Order shall come into operation on the 19th day of December, 1990.

3. The Herring (Restriction on Fishing in the Irish Sea) Order 1990 (Revocation) Order 1990 is hereby revoked.

4. (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 ICES Division VIIa) bounded to the south by the line of latitude 52°30' North;

"herring" means clupea harengus.

(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.

5. 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.

6. (1) An Irish sea-fishing boat shall not have herring on board with 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.

7. The master of an Irish sea-fishing boat shall not cause or permit the boat to be used within the specified area for the transhipment or landing of herring from an Irish sea-fishing boat.

8. (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,

( 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 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.

9. Notwithstanding anything contained in this Order, an Irish sea-fishing boat may have herring on board and land or tranship herring in the specified area if the herring were taken in the course of fishing for other species and were inextricably mixed with catches of other species and did not exceed 10 per cent by weight of the total catch.

GIVEN under my Official Seal, this 18th day of December, 1990.

JOHN P. WILSON,

Minister for the Marine.

EXPLANATORY NOTE.

This Order restricts Irish sea-fishing boats fishing for, landing, transhipping or having herring on board in the Irish Sea with effect from the 19th December, 1990, permitting a by-catch of herring provided the herring were taken in the course of fishing for other species and were inextricably mixed with other species and do not comprise more than ten per cent of the total catch.