S.I. No. 42/1991:

COMMON SOLE (CONTROL OF FISHING IN THE IRISH SEA) ORDER, 1991.

COMMON SOLE (CONTROL OF FISHING IN THE IRISH SEA) ORDER, 1991.

I, JOHN 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 Common Sole (Control of Fishing in the Irish Sea) Order, 1991.

2. This Order shall come into operation on the 7th day of March, 1991.

3. (1) In this Order--

"the specified area" means the part of the sea described in the Annex to the Communication and therein referred to as ICES Division VII(a);

"common sole" means Solea vulgaris otherwise known as black sole or Dover sole.

(2) In this Article--

"the Communication" means the Communication (83/C347/05) from the Commission of the European Communities on the description of the ICES sub-areas and divisions used for the purpose of fising statistics and regulations in the north-east Atlantic⁽¹⁾;

"ICES" means the International Council for the Exploration of the Sea.

⁽¹⁾ O.J. C.347/14 of 31/12/85.

(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. From the 1st day of April, 1991, neither an Irish sea-fishing boat fishing by means of beam trawls nor a person on board such boat shall engage in fishing for common sole in that part of the specified area which lies north of the line of latitude 52°30' North and the master of such boat shall not cause or permit the boat or any person on board to engage in such fishing in the aforesaid area.

5. From the 1st day of April, 1991, the master of an Irish sea-fishing boat fishing by means of beam trawls shall not cause or permit such boat to be used in that part of the specified area which lies north of the line of latitude 52°30' North for the landing or transhipment of common sole.

6. (1) Until the 1st day of April, 1991, an Irish sea-fishing boat fishing in the specified area by means of beam trawls or a person on board such boat may only land or tranship common sole from such boat, whether within the specified area or elsewhere, if the common sole so landed or transhipped did not exceed 40 per cent by weight of the total catch of all species of fish subject to quotas landed or transhipped on any occasion.

(2) From the 1st day of April, 1991, an Irish sea-fishing boat fishing in that part of the specified area which lies south of the line of latitude 52°30' North by means of beam trawls or a person on board such boat may only land or tranship common sole from such boat, whether within the specified area or elsewhere, if the common sole so landed or transhipped did not exceed 5 per cent by weight of the total catch of all species of fish subject to quotas landed or transhipped on any occasion.

(3) An Irish sea-fishing boat fishing in the specified area by means other than beam trawls or a person on board such boat may only land or tranship common sole from such boat, whether within the specified area or elsewhere if the common sole so landed or transhipped did not exceed 5 per cent by weight of the total catch of all species of fish subject to quotas landed or transhipped on any occasion.

(4) 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.

7. An Irish sea-fishing boat fishing in the specified area by means of beam trawls or a person on board such boat shall not land common sole except at the ports of Howth, Dunmore East, Kilmore Quay and Rosslare when landing within the State.

8. The master or other person in charge of an Irish sea-fishing boat fishing by means of beam trawls in the specified area shall, before each landing or transhipment of common sole from the boat, inform a Sea Fisheries Protection Officer of the time and location of the landing or transhipment (whether inside or outside the State) and the quantity of common sole concerned.

9. In a prosecution for an offence under Article 5 or 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 or landing of common sole in contravention of the said Article 5 or 6;

( 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 common sole were landed or transhipped contrary to the said Article 5 or 6;

( 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.

10. The Common sole (Control of Fishing in the Irish Sea) Order, 1990 ( S.I. No. 326 of 1990 ) is hereby revoked.

GIVEN under my Official Seal, this 6th day of March, 1991.

JOHN P. WILSON,

Minister for the Marine.

EXPLANATORY NOTE.

This Order provides for the opening of the Irish Sea sole fishery on 7 March to 1 April.

The Order also provides a management regime for landings and transhipments of common sole caught by Irish boats in the Irish Sea.

Landings or transhipments of common sole caught in the Irish Sea by Irish sea-fishing boats fishing by means other than beam trawls may comprise no more than 5 per cent by weight of the total catch of quota species on board at time of landing or transhipment.

Landings or transhipments of common sole caught in the Irish Sea by Irish boats fishing by means of beam trawls may, until 1st April, 1991, comprise no more than 40 per cent by weight of the total catch of quota species on board at time of landing or transhipment. From 1st April, 1991 it shall be prohibited for Irish vessels fishing by means of beam trawls to fish for, land, tranship or have on board common sole in the Irish Sea north of 52° 30' North; from that date, south of that line of latitude, catches of common sole by Irish beam-trawlers may comprise no more than 5 per cent of the total catch of quota species landed or transhipped on each occasion.