Statutory Instruments.

SI No 189 of 2004

Celtic Sea (Fisheries Management and Conservation) Order 2004.

SI No 189 of 2004

Celtic Sea (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 223A (inserted by section 9 of the Fisheries (Amendment) Act, 1978 ( 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 Celtic Sea (Fisheries Management and Conservation) Order, 2004 and shall come into operation at 12 p.m on 30 April, 2004.

2.     In this Order

“the Celtic Sea” means that part of the exclusive fishery limits of the State that lies south of the line of latitude of 52°30'N.

“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.

3.           Neither an Irish sea-fishing boat nor a person on board an Irish sea-fishing boat shall engage in fishing for herring in the Celtic Sea 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 Celtic Sea.

4.           (1)         An Irish sea-fishing boat shall not have herring on board in the Celtic Sea.

(2)         The master of an Irish sea-fishing boat shall not cause or permit the boat or any person to have herring on board in the Celtic Sea.

5.           (1)         An Irish sea-fishing boat shall not be used for the landing or transhipment of herring in the Celtic Sea.

(2)         The master of an Irish sea-fishing boat shall not cause or permit the boat to be used in the Celtic Sea for the landing or transhipment of herring.

6.           (1)         In a prosecution for an offence under Article 5 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 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 otherwise than in the course of fishing, or herring were landed or transhipped from the boat,

(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 4 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 3 of this Order, or

(b)         were taken outside the Celtic Sea.

7.           Notwithstanding anything contained in this Order, an Irish sea-fishing boat may have herring on board and land or tranship herring in the Celtic Sea 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.

8.           The Celtic Sea (Fisheries Management and Conservation) (No 3) Order, 2003. ( S.I. No. 660 of 2003 ) is hereby revoked.

EXPLANATORY NOTE

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

This Order prohibits fishing for, transhipping, landing or having on board herring by Irish sea-fishing boats in the Celtic Sea from 12 pm on 30 April 2004.

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