S.I. No. 65 of 2000.

Prohibition on Fishing by means of beam trawls in parts of the Irish Sea, Order, 2000.

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 Restriction on Fishing by means of beam trawls in parts of the Irish Sea, Order, 2000.

2.     This Order shall come into operation at midnight on the 12th day of March, 2000 and cease to have effect at midnight on the 30th April, 2000.

3.     (1)   In this Order -

“the specified area” means that part of ICES divisions Vlla situated:

South of a straight line drawn between a point on the coast of Northern Ireland at 54°30'N and a point on the coast of England at 54°30'N, and

north of a line drawn by sequentially joining with straight lines the following geographical co-ordinates:

a point on the east coast of Ireland at 53°15'N

53°15'N, 05°00'W

54°00'N, 05°00'W

54°00'N, 04°00'W

53°30'N, 04°00'W

a point on the west coast of England at 53°30'N.

4.     From midnight on the 12th day of March, 2000 neither an Irish sea-fishing boat fishing by means of beam trawls nor a person on board such boat shall engage in fishing in the specified area and the master of such boat shall not cause or permit the boat or any person on board to engage in such fishing in the aforesaid area.

5.     From midnight on the 12th day of March, 2000 the master of an Irish sea-fishing boat fishing by means of beam trawls shall not cause or permit such boat to be used in the specified area for the landing or transhipment of fish.

6.     In a prosecution for an offence under Article 4 or 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 fish in contravention of the said Article 4 or 5;

(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 fish were landed or transhipped contrary to the said Article 4 or 5;

(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 it 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.

EXPLANATORY NOTE

This note is not part of the instrument and does not purport to be a legal interpretation).

The order provides for the temporary closure of that part of the Irish Sea known as “the horseshoe box”, from midnight on the 12th of March, 2000 until midnight on 30th April, 2000 to all Irish boats fishing by means of beam trawls.

Published by the Stationery Office, Dublin.