S.I. No. 118/1987:

MULLUSCAN SHELLFISH (CONSERVATION OF STOCKS) ORDER, 1987

MULLUSCAN SHELLFISH (CONSERVATION OF STOCKS) ORDER, 1987

I, BRENDAN DALY, Minister for the Marine, in exercise of the powers conferred on me by section 223A (inserted by 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 Molluscan Shellfish (Conservation of Stocks) Order, 1987.

2. In this Order--

"a specified vessel" means a sea fishing boat or boat of any other class of description.

"Molluscan Shellfish" means molluscan shellfish of any kind whether alive or dead and includes any part of a molluscan shellfish and any (or any part of any) brood, ware, half-ware or spat of molluscan shellfish, and any spawn of molluscan shellfish, and the shell, or any part of the shell, of a molluscan shellfish.

3. This Order shall not apply to molluscan shellfish which are intended for direct human consumption, which molluscan shellfish have not been relayed from one part of the exclusive fishery limits of the State to another, either directly or overland, by any means.

4. A specified vessel or a person on board a specified vessel shall not, except under and in accordance with a license under this Order engage in dredging for, fishing for or taking molluscan shellfish within the exclusive fishery limits of the State and the master of a specified vessel shall not cause or permit the vessel or any person on board to engage in such dredging, fishing or taking within the exclusive fishery limits of the State.

5. (a) A specified vessel shall not, except under and in accordance with a licence under this Order, have molluscan shellfish on board within the exclusive fishery limits of the State,

(b) The master of a specified vessel shall not, except under and in accordance with a licence under this Order, cause or permit the boat or any person on board to have molluscan shellfish on board within the exclusive fishery limits of the State.

6. The master of a specified vessel shall not, except under and in accordance with a licence under this Order, cause or permit the boat to be used within the exclusive fishery limits of the State for the transhipment of molluscan shellfish from a specified vessel.

7. (1) In a prosecution for an offence under Article 6 of this Order, the following shall be prima facie evidence that the specified vessel concerned was, at the time of the alleged offence, used for the transhipment of molluscan shellfish in contravention of that Article:

(a) evidence that such specified vessels 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 molluscan shellfish were received on board the boat otherwise than in the course of fishing.

(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 specified vessel that at such time she was so used.

(2) In a prosecution for an offence under Article 5 of this Order it shall be a defence for the defendant to prove that the molluscan shellfish to which the prosecution relates were taken outside the exclusive fishery limits of the State.

(3) In a prosecution for an offence under this Order, it shall be a defence for the defendant to prove that the molluscan shellfish to which the prosecution relates were intended for direct human consumption and had not been relayed from one part of the exclusive fishery limits of the State to another, either directly or overland, by any means.

8. A person shall not, except under and in accordance with a licence under this Order, within the State, have in possession molluscan shellfish in any package, vehicle, premises, pier, wharf, jetty, dock or dock premises, ship, boat, railway wagon, lorry, cart or other vessel or vehicle used for the conveyance of goods.

9. A person shall not, except under and in accordance with a licence under this Order, within the State, sell, or have for sale molluscan shellfish in any package, vehicle, premises, pier, wharf, jetty, dock or dock premises, ship, boat, railway wagon, lorry, cart or other vessel or vehicle used for the conveyance of goods.

10. (1) Subject to paragraph (3) of this Article, the Minister may, upon the application of any person and upon being furnished by the person with any information which the Minister may reasonably require in relation to the application, grant to the person a licence authorising--

(a) the dredging for, fishing for or taking mulluscan shellfish within the exclusive limits of the State,

(b) the relaying of molluscan shellfish from one part of the exclusive fishery limits of the State to another, either directly or overland, by any means.

(2) A licence under this Order may be granted for such period and subject to such conditions, if any, as the Minister thinks fit and specifies in the licence.

(3) The Minister may, at his discretion, refuse to grant a licence under this Order or may at any time amend or revoke a licence granted under this Order.

11. For the purposes of enabling this Order to have full effect, each of the powers conferred on a Sea Fisheries protection officer by the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959), is hereby extended to such extent as may be necessary.

12. The Oysters (Conservation of Stocks) Order. 1987 ( S.I. No. 86 of 1987 ) is hereby revoked.

GIVEN under my Official Seal, this 14th day of April, 1987.

BRENDAN DALY,

Minister for the Marine.

EXPLANATORY NOTE.

The effect of this Order is to prohibit the taking of, landing, transhipment or having on board molluscan shellfish on any vessel as well as the possession or sale of molluscan shellfish within the State, except under licence granted at the discretion of the Minister or, molluscan shellfish taken or held for direct human consumption which have not been relayed from one part of the exclusive fishery limits of the State to another either directly or overland.