STATUTORY INSTRUMENTS.

S.I. No. 410 of 1999.

MONKFISH (PROHIBITION OF FISHING) ORDER, 1999.

S.I. No. 410 of 1999.

MONKFISH (PROHIBITION OF FISHING) ORDER, 1999.

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 adpated 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 Monkfish (Prohibition of Fishing) Order, 1999.

2. This Order shall come in to operation on the 21st day of December, 1999.

3. (1) In this Order--

“the specified area” means the parts of the sea described in the Annex to the Communication and therein referred to as ICES sub-area VII;

“monkfish” means Lophius spp.

(2) In this Article--

“the Communication” 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⁾ ;

(3) “ICES” means the International Council for the Exploration of the Sea.

4. 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.

5. An Irish sea-fishing boat fishing in the specified area or a person on board such boat shall not engage in fishing, land or tranship monkfish from such boat, within the specified area or elsewhere.

6. 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 landing or transhipment of monkfish in contravention of the said 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 monkfish 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.

7. The Monkfish (Restriction on Fishing) (No. 11) Order, 1999 ( S.I. No. 371 of 1999 ) is hereby revoked.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order prohibits the fishing for, transhipping, landing or having on board monkfish caught in ICES Area VII with effect from the 21st day of December 1999.

It is prohibited to tranship or to engage in transhipment operations of monkfish.

⁽¹⁾ O.J. C.347/14 of 31/12/85.