S.I. No. 439/1997:

CELTIC SEA (PROHIBITION ON HERRING FISHING) (NO. 2) ORDER, 1997

CELTIC SEA (PROHIBITION ON HERRING FISHING) (NO. 2) ORDER, 1997

I, Michael Woods, Minister for the 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 (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 Marine (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 301 of 1997 )), hereby order as follows:

1. This Order may be cited as the Celtic Sea (Prohibition on Herring Fishing) (No. 2) Order, 1997 and shall come into operation on the 30th day of October, 1997 and cease to have effect on the 12th November 1997, both dates inclusive.

2. In this Order:

(1) "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.

(2) "the area" means that part of the Celtic sea bounded by the following co-ordinates:

--the South coast of Ireland at longitude 09°00'W;

-- latitude 51°15'N, longitude 09°00'W;

-- latitude 51°15'N, longitude 11°00'W;

-- latitude 52°30'N, longitude 11°00'W;

-- the West Coast of Ireland at latitude 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 area defined at Article 2 (2) 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 said area.

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

(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 specified area.

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

(2) The master of an Irish sea-fishing boat shall not cause or permit the boat to be used in the specified area 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 that 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 specified area.

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

GIVEN under my Official Seal, this 29th day of October, 1997.

Michael Woods

Minister for the Marine and Natural Resources.

EXPLANATORY NOTE

This Order prohibits fishing for, transhipping, landing or having on board herring by Irish sea-fishing boats within an area bounded by the following co-ordinates in the Celtic Sea with effect from the 30th of October, 1997 to the 12th November, 1997 both dates inclusive;

-the South coast of Ireland at longitude 09°00'W;

-latitude 51°15'N, longitude 09°00'W;

-latitude 51°15'N, longitude 11°00'W;

-latitude 52°30'N, longitude 11°00'W;

-the West Coast of Ireland at latitude 52°30'N.

This Order allows for a by-catch in the specified area provided that the herring does not exceed 5% by weight of the total catch of all species on board.