S.I. No. 162/1985:

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION) (AMENDMENT) ORDER, 1985.

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION) (AMENDMENT) ORDER, 1985.

I, PADDY O'TOOLE, Minister for Fisheries and Forestry, 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)), and section 230 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 Sea Fisheries (Conservation and Rational Exploitation) (Amendment) Order, 1985.

2. (1) The provisions of the Commission Regulation (being measures of conservation of fish stocks and measures of rational exploitation of fisheries), in so far as they relate to the State, including the exclusive fishery limits of the State, are hereby prescribed and adopted and accordingly any infringement of the Commission Regulation within those limits (or as the case may be, within the State), after the commencement of this Order, shall be an infringement of this Order.

(2) In this Article "the Commission Regulation" means Commission Regulation (EEC) No. 3440/84 of 6 December, 1984¹.

3. (1) Article 3 of the Sea Fisheries (Conservation and Rational Exploitation) Order, 1984 ( S.I. No. 87 of 1984 ); shall not, in so far as it prescribes and adopts the Article, be construed as applying to any fishing net used for fishing for any species which is not a species for which a minimum mesh size is specified in the Council Regulation.

¹O.J. No. L318/23 of 7.12.1984.

(2) In any proceedings for an offence under subsection (2) of section 223A (inserted by section 9 of the Fisheries (Amendment) Act, 1978 ) of the Fisheries (Consolidation) Act, 1959 in which a contravention of the Article is proved, it shall be presumed until the contrary is proved that the relevant fishing net was used to fish for a species of fish for which a minimum mesh size is specified in the Council Regulation.

(3) In this Article--

"the Article" means Article 7 of the Council Regulation;

"the Council Regulation" means Council Regulation (EEC) No. 171/83 of 25 January, 1983²,as amended by Council Regulation (EEC) No. 2931/83 of 4 October, 1983³, Council Regulation (EEC) No. 1637/84 of 7 June, 1984⁴ Council Regulation (EEC) No. 2178/84 of 23 July, 1984⁵ and Council Regulation (EEC) No. 2664/84 of 18 September, 1984⁶.

4. The Sea Fisheries (Conservation and Rational Exploitation) Order, 1984, ( S.I. No. 87 of 1984 ), is hereby amended by:

( a ) the insertion in Article 2 after "4 October, 1983³" of "Council Regulation (EEC) No. 1637/84 of 7 June, 1984⁴ Council Regulation (EEC) No. 2178/84 of 23 July, 1984⁵ and Council Regulation (EEC) No. 2664/84 of 18 September, 1984⁶", and

( b ) the substitution of the following Article for Article 6:

"6. (1) The mesh size of nets shall be measured for the purposes of this Order in accordance with the provisions of Commission Regulation (EEC) No. 2108/84 of 23 July, 1984⁷.

(2) Where in proceedings in which a contravention of this Order is alleged, a sea fisheries protection officer gives evidence that at any particular time he was in possession of or was using a gauge marked 'EEC gauge' it shall be presumed until the contrary is proved that the said gauge was a gauge which at that particular time complied with the provisions of Article 1 of the said Commission Regulation (EEC) No. 2108/84 of 23 July, 1984⁷".

² O.J. No. L24/14 of 27.1.1983.

³ O.J. No. L288/1 of 21.10.1983

⁴ O.J. No. L156/1 of 13.6.1984

⁵ O.J. No. L199/1 of 28.7.1984.

⁶ O.J. No. L253/1 of 21.9.1984.

GIVEN under my Official Seal, this 10th day of June, 1985.

PADDY O'TOOLE,

Minister for Fisheries and Forestry.

EXPLANATORY NOTE.

This Order amends the Sea Fisheries (Conservation and Rational Exploitation) Order, 1984 as regards procedures to be adopted for determining the mesh size of fishing nets. The order also makes any infringement of Commission Regulation (EEC) No. 3440/84 of 6 December, 1984 on the attachment of devices to trawls, Danish seines and similar nets, an offence in so far as that Regulation relates to the State.

⁷ O.J. No. L194/22 of 24.7.1984.