S.I. No. 456/1998:

HERRING (PROHIBITION ON FISHING IN ICES DIVISIONS VIaS AND VIIbc)(No 2) ORDER, 1998

HERRING (PROHIBITION ON FISHING IN ICES DIVISIONS VIaS AND VIIbc)(No 2) ORDER, 1998

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 Herring (Prohibition on Herring Fishing in ICES Divisions VIaS and VIIbc) (No. 2) Order, 1998 and shall come into operation on the 27th day of November, 1998.

2. In this Order "VIaS, VIIbc" means that part of the exclusive fishery limits of the State that includes ICES Division VIaS, VIIbc. ICES Division VIaS means that part of ICES Division VIa that lies south of the line of latitude 56 00'N and West of the line of longitude 07 00'W.

3. Neither an Irish sea-fishing boat nor a person on board an Irish sea-fishing boat shall engage in fishing for herring in ICES Division VIaS, VIIbc 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.

4. (1) An Irish sea-fishing boat shall not have herring on board in ICES Division VIaS, VIIbc. (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 ICES Division VIaS, VIIbc.

5. (1) An Irish sea-fishing boat shall not be used for the landing or transhipment of herring in ICES Division VIaS, VIIbc.

(2) The master of an Irish sea-fishing boat shall not cause or permit the boat to be used in ICES Division VIaS, VIIbc 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 than 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 ICES Division VIas, VIIbc.

GIVEN under my Official Seal, this 27th day of November, 1998

MICHAEL WOODS T.D.

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 in the ICES Division VIaS, VIIbc with effect from the 27th of November, 1998.