S.I. No. 336/1984:

HERRING (PROHIBITION ON FISHING) ORDER, 1984.

HERRING (PROHIBITION ON FISHING) ORDER, 1984.

I, PADDY O'TOOLE, Minister for Fisheries and Forestry, in exercise of the powers conferred on me by section 223A (inserted by 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 Fisheries (Alteration of Name of Department and Title of Minister) Order, 1978 ( S.I. No. 195 of 1978 ) ), hereby order as follows:--

1. This Order may be cited as the Herring (Prohibition on Fishing) Order, 1984.

2. This Order shall come into operation on the 14th day of December, 1984 and shall cease to have effect on the 1st day of January, 1985.

3. (1) In this Order "the specified areas" mean ICES Division VIa) ICES Division VIb), that part of ICES Division VIIa) situated north of 52°30' north latitude, ICES Division VIIb) and ICES Division VIIc)

(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 purposes of fisheries statistics and regulations in the North East Atlantic ¹;

¹ O.J. No.C140/3 of 3.6.1982.

"Division VIa)", "Division VIb), "Division VIIa)", "Division VIIb)".

"Division VIIc)" mean, respectively, the parts of the sea described in the Annex to the Communication and therein referred to as Division VIa), Division VIb), Division VIIa), Division VIIb) and Division VIIc).

4. Neither an Irish sea-fishing boat nor a person on board an Irish sea-fishing boat shall engage in fishing for herring in any of the specified areas 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 any of the specified areas.

5. ( a ) An Irish sea-fishing boat shall not have herring on board within any of the specified areas.

( b ) 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 any of the specified areas.

6. The master of a sea-fishing boat shall not cause or permit the boat to be used within any of the specified areas 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 paragraph (1) of this 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 herrings 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; and

(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 areas.

GIVEN under my Official Seal, this 13th day of December, 1984.

PADDY O'TOOLE,

Minister for Fisheries and Forestry.

EXPLANATORY NOTE.

The effect of this Order is to prohibit fishing for herring by Irish vessels in the sea area north of 52°30' north latitude until 31 December 1984 inclusive.