SI No 499 of 2001

Cod (Fisheries Management and Conservation (No.7) Order, 2001.

I, Frank Fahey, 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 Cod (Fisheries Management and Conservation (No.7) Order, 2001.

2.       This Order shall come into operation on the 9th day of November, 2001 and shall cease to have effect from the 31st day of December, 2001.

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-areas VII, (excluding Sub-area VIIa) (E.C. Zone);

“cod” means Gadus morhua

“length”, in relation to a boat, means the distance from the forepart of the stem of the boat to the aft side of the head of the sternpost of the boat or to the foreside of the rudder stock.

(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.       Neither an Irish sea-fishing boat nor a person on board such boat shall engage in fishing for cod in the specified area 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 specified area.

6.       The master of an Irish sea-fishing boat shall not cause or permit the boat to be used within the specified area for the transhipment of cod from an Irish sea-fishing boat.

7. (1)  In a prosecution for an offence under Article 5 or 6 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 transhipment of cod 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 cod were 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.

(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 code to which the prosecution relates-

(a)      were taken in the course of fishing that did not contravene Article 5 of this Order

or,

(b)      were taken outside the specified area.

8.  The Cod (Fisheries Management and Conservation) (No.6) Order, 2001 ( S.I. No.489 of 2001 ) 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 fishing for cod in ICES Area VII (excl VIIa) from the 9th day of November, 2001 to the 31st day of December, 2001. It is prohibited to transmit or to engage in transhipment operations of cod.

Published by the Stationery Office, Dublin.

⁽¹⁾ O.J. C.347/14 of 31/12/85