S.I. No. 662/2003 - Mackerel (Fisheries Management and Conservation) (No. 3) 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 Mackerel (Fisheries Management and Conservation) (No. 3) Order 2003.

2.  This Order shall come into operation from on 12 December 2003 and shall cease to have effect on 31 December 2003.

3.  In this Order—

(1)  “the specified area” means ICES sub-areas VI, VII, XII and XIV and divisions IIa (non EC waters) IVa, Vb (Community Waters), VIIIa, b, d and e specified in the Annex to the Communication from the Commission of the European Economic Community on the description of the ICES sub-areas and divisions used for the purpose of fishing statistics and regulations in the North East Atlantic 85/C347/05.

(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 purpose of fishing statistics and regulations in the North East Atlantic¹ ;

(4)  A polyvalent vessel is a vessel which is licensed as such under Section 222B of the Fisheries (Consolidation) Act 1959 (as amended and restated by Section 4 of the Fisheries (Amendment) Act, 2003.

4.  Neither a master nor a person on board an Irish polyvalent vessel shall engage in fishing for mackerel in the specified area and the master of an Irish polyvalent vessel shall not cause or permit the boat or any person on board to engage in such fishing in the specified area.

5.  (1)  A polyvalent vessel shall not have mackerel on board within the specified area.

(2)  The master of a polyvalent vessel shall not cause or permit the boat or any person on board to have mackerel on board within the specified area.

6.  The master of a polyvalent vessel shall not cause or permit the vessel to be used within the specified area for the transhipment of mackerel from a polyvalent vessel.

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 mackerel in contravention of that Article;

(a)  evidence that such polyvalent vessel 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 mackerel 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

(c)  any other matter from which it so appears that such polyvalent vessel was so used or which in the opinion of the Court suggests, or tends to suggest, that such polyvalent vessel 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 mackerel 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.

EXPLANATORY NOTE

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

The effect of this Order is to prohibit fishing for, transhipment or having on board mackerel by polyvalent vessels in ICES sub-areas VI VII, XII and XIV and divisions IIa (non EC waters) IVa, Vb, (Community Waters), VIIIa, b, d and e with effect from 14 December 2003 and shall cease to have effect on 31 December 2003.

¹ O.J. C.347/14 of 31/12/85