S.I. No. 430/1994:

PLAICE (CONTROL OF FISHING IN ICES DIVISIONS VIIF) AND VIIG)) (NO. 3) ORDER, 1994.

PLAICE (CONTROL OF FISHING IN ICES DIVISIONS VIIF) AND VIIG)) (NO. 3) ORDER, 1994.

I, HUGH COVENEY, 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 Plaice (Control of Fishing in ICES Divisions VIIf) and VIIg)) (No. 3) Order, 1994.

2. This Order shall come into operation on the 16th day of December, 1994 and shall cease to have effect on 31 December, 1994.

3. (1) In this Order--

"the specified areas" means the parts of the sea described in the Annex to the Communication and therein referred to as ICES Divisions VIIf) and VIIg);

"plaice" means Pleuronectes platessa.

(2) In this Article--

"the Conmmunication" means the Communication (85/C347/05) 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⁾.

"ICES" means the International Council for the Exploration of the Sea.

⁽¹⁾ O.J. C.347/14 of 31/12/85.

(3) In this Article "quotas" means the State's share of the total allowable catch (TAC) fixed by the Council of the European Communities relating to certain species of fish in respect of the year 1994, or, as the case may be, each subsequent year thereafter.

4. An Irish sea-fishing boat fishing in the specified areas or a person on board such boat may only land or tranship plaice from such boat, whether within the specified areas or elsewhere, if the plaice so landed or transhipped did not exceed 5 per cent by weight of the total catch of all species of fish subject to quotas landed or transhipped on any occasion.

5. In a prosecution for an offence under Article 4 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 plaice 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 plaice were landed or transhipped contrary to that Article.

( 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.

6. The master or other person in charge of an Irish sea-fishing boat fishing by means of beam trawls in the specified areas shall, before each landing or transhipment of plaice from the boat, inform a Sea Fisheries Protection Officer of the time and location of the landing or transhipment whether inside or outside the State and the quantity of plaice concerned.

7. The Plaice (Prohibition on Fishing in ICES Divisions VIIf) and VIIg)) (No. 2) Order, 1994 ( S.I. No. 335 of 1994 ) is hereby revoked.

GIVEN under my Official Seal, this 16th day of December, 1994.

HUGH COVENEY,

Minister for the Marine.

EXPLANATORY NOTE.

This Order provides a management regime for landings and transhipments of plaice caught by Irish boats in the ICES Divisions VIIf) and VIIg) with effect from 16th December, 1994 to 31st December, 1994.

The Order allows Irish sea-fishing boats to land or tranship plaice caught in ICES Divisions VIIf) and VIIg) provided that:

Boats fishing by any means -- the plaice may not exceed 5 per cent by weight of the total catch of all quota species landed or transhipped on any occasion.