S.I. No. 211/1991:

MACKEREL (RESTRICTION ON FISHING) ORDER, 1991.

MACKEREL (RESTRICTION ON FISHING) 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 Mackerel (Restriction on Fishing) Order, 1991.

2. (1) In this Order--

"the specified area" means ICES Sub-area V, ICES Sub-area VI, ICES Sub-area VII and ICES Sub-area XII.

(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⁾

⁽¹⁾O. J. C.347/14 of 31.12.85.

"ICES Sub-areas V", "ICES Sub-area VI", "ICES Sub-area VII" and "ICES Sub-area XII" mean, respectively, the parts of the sea described to as Sub-area V, Sub-area VI, Sub-area VII and Sub-area XII.

3. Neither an Irish sea-fishing boat nor a person on board 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.

4. (1) An Irish sea-fishing boat shall not have mackerel on board within the specified area.

(2) The master of an Irish sea-fishing boat shall not cause or permit the boat or any person on board to have mackerel on board within the specified area.

5. The Master of a sea-fishing boat shall not cause or permit the boat to be used within the specified areas for the transhipment of mackerel 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 mackerel 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 mackerel 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 mackerel 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.

7. Notwithstanding the generality of this Order, during the period commencing on the 10th day of August, 1991 an Irish sea-fishing boat may have mackerel on board and land or tranship mackerel if the mackerel were taken in fishing for horse-mackerel or herring and were inextricably mixed with catches of those species and did not exceed 10 per cent by weight of the total catch on board, landed or transhipped at any one time, as the case may be.

GIVEN under my Official Seal, this 31st day of July, 1991.

JOHN P. WILSON,

Minister for the Marine.

EXPLANATORY NOTE.

This Order permits Irish vessels, engaged in fishing for horse mackerel or herring, to retain on board, land or tranship mackerel if inextricably mixed with horse mackerel and herring up to a limit of 10 per cent by weight of all species held on board, landed or transhipped at any one time from 10th August, 1991.