S.I. No. 316/2003 - Blue Ling (Fisheries Management and Conservation) Order, 2003

I, Dermot Ahern, Minister for Communications, Marine and Natural Resources, 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 Marine and Natural Resources (Alteration of name of Department and Title of Minister) Order, 2002 ( S.I. No 307 of 2002 )), hereby order as follows:

1.         This Order may be cited as the Blue Ling (Fisheries Management and Conservation) Order, 2003 and shall come into operation at 12pm on the 22^nd day of July, 2003.

2.   In this Order

“the Minister” means the Minister for Communications, Marine and Natural Resources;

“specified area” means waters falling within ICES (International Council for the Exploration of the Sea) sub-areas VI and VII inclusive (Community waters and waters not under the sovereignty or jurisdiction of third countries).

“ICES” means the International Council for the Exploration of the Sea;

“Blue ling” means Molva dypterygia

“length”, in relation to a boat, means the distance from the forepart of the stem of the boat to the aft side of the head of the sternpost of the boat or to the foreside of the rudder stock.

3.         Neither an Irish sea-fishing boat nor a person on board an Irish sea-fishing boat shall engage in fishing for blue ling 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 blue ling 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 to have blue ling on board in the specified area.

5.         (1)       An Irish sea-fishing boat shall not be used for the landing or transhipment of blue ling 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 blue ling.

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 blue ling 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 blue ling were received on board otherwise than in the course of fishing, or blue ling were landed or transhipped 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 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 4 of this Order it shall be a defence for the defendant to prove that the blue ling 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.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation).

This Order prohibits fishing for, transhipping, landing or having on board blue ling by Irish sea-fishing boats in area VI and VII from 12 pm on 22^nd day of July 2003.