Statutory Instruments.

SI No 135 of 2004 .

HERRING (FISHERIES MANAGEMENT AND CONSERVATION) ORDER 2004

SI No 135 of 2004

Herring (Fisheries Management and Conservation) Order 2004.

I, Dermot Ahern, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 224B (inserted by section 5 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 Herring (Fisheries Management and Conservation) Order, 2004.

2.           This Order shall come into operation on 06 April, 2004.

3.           (1)         In this Order --

“the specified area” means ICES Sub-area Vb, ICES Sub-area VIa South of 56°00’N and west of 07 00’W and ICES Sub-area VIa North of 56°00’N and in that part of VIa which is situated east of 07°00’W and north of 55°00’N, excluding the Clyde, ICES Sub-area VIb and ICES Sub-area VIIbc.

“Herring” means Clupea Harengus

“the Council Regulation” means Council regulation (EC) no. 2287/2003 of 19 December 2003

“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.

(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 Atlantic (¹) ;

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

5.           Pursuant to Article 8 of the Council Regulation;

(1)         An Irish sea-fishing boat shall not retain herring on board from 06 April 2004.

(2)         An Irish sea-fishing boat shall not land herring from 06 April 2004.

6.           The master of an Irish sea-fishing boat shall not cause or permit the boat to be used within the specified area 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 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 herring 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.

(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 area.

8.           Notwithstanding anything contained in this Order, an Irish sea-fishing boat may have herring on board and land or tranship herring in the specified area if the herring were taken in the course of fishing for other species, and were inextricably mixed with catches of other species and did not exceed 5 per cent by weight of the total catch.

EXPLANATORY NOTE

This Order prohibits fishing for, transhipment, landing or having on board herring by Irish sea-fishing boats in ICES Sub-area Vb, ICES Sub-area VIa South of 56°00’N and west of 07 00’W and ICES Sub-area VIa North of 56°00’N and in that part of VIa which is situated east of 07°00’W and north of 55°00’N, excluding the Clyde, ICES Sub-area VIb and ICES Sub-area VIIbc with effect from 06 April 2004.

This order allows for a 5% by-catch of herring.

Published by the Stationery Office, Dublin.

(¹) O.J. C.347/14 of 31/12/85