S.I. No. 52/1986:

SEA FISHERIES (CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES) ORDER, 1986.

SEA FISHERIES (CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES) ORDER, 1986.

I, LIAM KAVANAGH, Minister for Tourism, Fisheries and Forestry, in exercise of 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 Fisheries and Forestry (Alteration of Name of Department and Title of Minister) Order, 1986 ( S.I. No. 40 of 1986 )), hereby make the following Order:

1. This Order may be cited as the Sea Fisheries (Conservation and Management of Fishery Resources) Order, 1986.

2. In this Order--

"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 purposes of fisheries statistics and regulations in the North East Atlantic¹; "the Commission Regulations" means Commission Regulations (EEC) No. 3531/85² of 12 December, 1985 and Commission Regulation (EEC) No. 3780/85 of 31 December, 1985³;

"Sub-area VI", "Sub-area VII", "Division VI a)",

"Division VI b)", "Division VII a)", "Division VII b)",

"Division VII c)", "Division VII g)", "Division VII h)",

"Division VII j)", and "Division VII k)", mean, respectively, the parts of the sea described in the Annex to the Communication and therein referred to as Sub-area VI, Sub-area VII, Division VI a), Division VI b), Division VII a), Division VII b), Division VII c), Division VII g), Division VII h), Division VII j), and Division VII k).

¹O.J No. C140/3 of 3.6.1982.

² O.J. No. L.336/20 of 14 December, 1985.

³ O.J. No. L363/24 of 31 December, 1985.

3. The provisions of the Commission Regulations (being measures laying down certain technical and control measures relating to the fishing activities of vessels flying the flag of Spain or Portugal in the waters of other Member States) in so far as they relate to the State, including the exclusive fishery limits of the State, are hereby prescribed and adopted and, accordingly, any infringement of any provision of the Commission Regulations within those limits (or, as the case may be, within the State), after the commencement of this Order shall, in addition to any offence which such infringement may constitute under the Fisheries Acts, 1959 to 1983, be an infringement of this Order.

4. (1) Where, in proceedings in which there is alleged a contravention of this Order or any provision of the Fisheries Acts, 1959 to 1983 (whether or not the alleged contravention is also a contravention of this Order) by a person on board a sea-fishing boat to which the Commission Regulations apply, it is proved that--

( a ) fish were found on board a sea-fishing boat, and

( b ) at the time when fish were so found such sea-fishing boat was within both the exclusive fishery limits of the State and any of the ICES Sub-areas or Divisions specified in paragraph (2) of this article, it shall be presumed, until the contrary is proved, that all of the fish so found were taken within such limits and such Sub-area or Division, as may be appropriate.

(2) The ICES Sub-areas and Division referred to in paragraph (1) of this Article are,

( a ) Sub-Area VI and Sub-Area VII,

( b ) the following Divisions of Sub-area VI, namely, Division VI a) and Division VI b), and

( c ) the following Divisions of Sub-area VII, namely, Division VII a), Division VII b), Division VII c), Division VII g), Division VII h),Division VII j) and Division VII k).

(3) ( a ) In any proceedings referred to in paragraph (1) of this Article--

(i) Prima facie evidence of the Communication may be given by the production of a copy of the Official Journal of the European communities purporting to contain the Communication, and

(ii) each of the following shall be prima facie evidence that the sea-fishing boat concerned was, at the time of the alleged offence, registered in Spain or, as may be appropriate, Portugal;

(I) evidence that at or about the time of the alleged offence such sea-fishing boat wore the ensign or national flag of Spain, or, as may be appropriate, Portugal,

(II) evidence that at or about such time such sea-fishing boat had marked on her stern the name of a port or other place in Spain, or, as may be appropriate, Portugal,

(III) evidence that at or about such time such sea-fishing boat had on board any books, papers or other documents from which it appears to the court that at such time she was so registered,

(IV) 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 she was at such time so registered,

(V) any other matter from which it so appears that such sea-fishing boat was so registered or which, in the opinion of the court, suggests, or tends to suggest, that such sea-fishing boat was so registered.

GIVEN under my Official Seal, this 3rd day of March, 1986.

LIAM KAVANAGH,

Minister for Tourism, Fisheries

and Forestry.

EXPLANATORY NOTE.

The effect of this Order is to make any infringement of Commission Regulations 3531/85 and 3780/85 (which govern fishing activities by vessels of Spain and Portugal respectively) an offence in so far as these regulations relate to the state including the exclusive fishery limits of the state.