S.I. No. 124/1989:

COMMON SOLE (PROHIBITION ON FISHING IN THE IRISH SEA) ORDER, 1989.

COMMON SOLE (PROHIBITION ON FISHING IN THE IRISH SEA) ORDER, 1989.

I, BRENDAN DALY, Minister for the Marine, 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 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 Common Sole (Prohibition on Fishing in the Irish Sea) Order, 1989.

2. This Order shall come into operation on the 27th day of May, 1989 and cease to have effect from the 1st day of January, 1990.

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 Division VIIa);

"common sole" means Solea vulgaris otherwise known as black sole or Dover Sole.

(2) In this Article "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 purpose of fishing statistics and regulations in the north-east Atlantic.⁽¹⁾

(3) 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.

⁽¹⁾O.J. C.347/14 of 31/12/85.

4. Neither an Irish sea-fishing boat nor a person on board an Irish sea-fishing boat shall engage in fishing for common sole 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.

5. (1) An Irish sea-fishing boat shall not have common sole on board within the specified area.

(2) The master of an Irish sea-fishing boat shall not cause or permit the vessel or any person on board to have common sole on board within 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 or landing of common sole from an Irish sea-fishing boat.

7. (1) In a prosecution for an offence under Article 6 of this Order the following shall be prima facie evidence that the Irish sea-fishing boat concerned was, at the time of the alleged offence, used for the transhipment or landing of common sole 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 common sole were received on board the vessel 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 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 common sole to which the prosecution relates--

(a) were taken in the course of fishing that did not contravene Article 4 of this Order, or

(b) were taken outside the specified area.

8. The Common Sole (Control of Fishing in the Irish Sea) Order, 1989 ( S.I. No. 2 of 1989 ), and the Common Sole (Restriction of Fishing in the Irish Sea) Order, 1989 ( S.I. No. 89 of 1989 ) are hereby revoked.

GIVEN under my Official Seal, this 26th day of May, 1989.

BRENDAN DALY,

Minister for the Marine.

EXPLANATORY NOTE.

The effect of this Order is to prohibit fishing for, landing, transhipping or having sole on board in the Irish Sea from 27th May, 1989 until 1 January, 1990 by Irish sea-fishing boats.