S.I. No. 35/1994:

CELTIC SEA (PROHIBITION ON HERRING FISHING) (NO. 2) ORDER, 1994.

CELTIC SEA (PROHIBITION ON HERRING FISHING) (NO. 2) ORDER, 1994.

I, DAVID ANDREWS, 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 (Prohibition on Herring Fishing) (No. 2) Order, 1994, and shall come into operation on the 25th day of February, 1994.

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.

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 (Prohibition on Herring Fishing) Order, 1993 (Revocation) Order, 1993 ( S.I. No. 278 of 1993 ) is hereby revoked.

GIVEN under my Official Seal, this 24th day of February, 1994.

DAVID ANDREWS,

Minister for the Marine.

EXPLANATORY NOTE.

This Order prohibits fishing for, transhipping, landing or having on board herring by Irish sea-fishing boats in the Celtic Sea with effect from the 25th of February, 1994.

This Order allows for a by-catch in the Celtic Sea provided that the herring does not exceed 5 per cent by weight of the total catch of all species on board.