S.I. No. 286/1987 - Celtic Sea (Restriction on Herring Fishing) Order, 1987.

S.I. No. 286 of 1987.

CELTIC SEA (RESTRICTION ON HERRING FISHING) ORDER, 1987.

I, BRENDAN DALY, 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 Celtic Sea (Restriction on Herring Fishing) Order, 1987, and shall come into operation on the 6th day of November, 1987, and shall cease to have effect from the 1st day of December, 1987.

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" North.

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 on board to have herring on board in the Celtic Sea.

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

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 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, or

( 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.

(3) In a prosecution for an offence under this Order it shall be a defence for the defendant to prove that the herring to which the prosecution relates were taken on board an Irish sea-fishing boat which does not exceed 50 feet in registered length and, at the time of the alleged offence was normally based in a port bordering on the Celtic Sea and was fishing for herring by means of drift nets only.

GIVEN under my Official Seal, this 6th day of November, 1987.

BRENDAN DALY,

Minister for the Marine.

EXPLANATORY NOTE.

The effect of this order is to restrict fishing for herring by Irish registered fishing vessels in the Celtic Sea during the period 6th November, 1987 to 30th November, 1987 (inclusive). The only Irish registered fishing vessels permitted to fish for herring in the Celtic Sea during that period are vessels which do not exceed 50 feet in registered length and fish for herring by means of drift nets only.