S.I. No. 315/1991 - Herring (Restriction on Fishing) (No. 2) Order, 1991.

S.I. No. 315 of 1991.

HERRING (RESTRICTION ON FISHING) (NO. 2) ORDER, 1991.

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 on Fishing) (No. 2) Order, 1991.

2. This Order shall come into operation on the 12th day of December, 1991, and cease to have effect from the 1st day of January, 1992.

3. (1) In this Order—

"the specified area" means Division VIIa (N), Division Vb) and Division VIb).

(2) In this Article—

"Division VIa (N)", "Division Vb)" and "Division VIb) )" mean, respectively, the parts of the sea described in the Annex to the Communication and therein referred to as Division VIa (N), Division Vb) and Division VIb):

"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.

(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 an Irish sea-fishing boat shall not cause or permit the boat to be used in 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 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,

(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.

8. (1) Notwithstanding the generality of this Order, an Irish sea-fishing boat may have herring on board and land or tranship herring in the specified area if the herring does not exceed 10 per cent by weight of the total catch of all species of fish subject to quotas on board, landed, or transhipped at any one time, as the case may be.

(2) In this Article "quotas" means the State's share of the total allowable catch (TAC) fixed by the Council of the European Communities relating to certain species of fish in respect of the year 1991, or, as the case may be, each subsequent year thereafter.

GIVEN under my Official Seal, this 10th Day of December, 1991.

JOHN P. WILSON,

Tánaiste and Minister for the Marine.

EXPLANATORY NOTE.

This Order prohibits fishing for, transhipping, landing or having on board herring by Irish sea-fishing boats in ICES Divisions Vb), VIa) North and VIb) with effect from 12th December, 1991 until 31st December, 1991, both said dates inclusive.

The Order allows for a by-catch of herring provided the herring does not exceed 10 per cent by weight of quota species on board, landed or transhipped, as the case may be, on any occasion.