S.I. No. 413/1993:

COMMON SOLE (CONTROL OF FISHING IN ICES DIVISIONS VIIF) AND VIIG) ) (No. 2) ORDER, 1993.

COMMON SOLE (CONTROL OF FISHING IN ICES DIVISIONS VIIF) AND VIIG) ) (No. 2) ORDER, 1993.

I, DAVID ANDREWS, 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 Seal (Control of Fishing in ICES (Divisions VIIf and VIIg)) (No. 2) Order, 1993.

2. This Order shall come into operation on the 1st day of January, 1994.

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 (Divisions VIIf) and (VIIg);

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

(2) In this article--

"the Communication" means the Communication (85/C347/05) from the Commission of the European Communities 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⁾;

"ICES" means the International Council for the Exploration of the Sea.

⁽¹⁾ O.J. C.347/14 of 31/12/85.

(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.

4. (1) From the 1st day of January, 1994, an Irish sea-fishing boat fishing in the specified area by means of beam trawls or a person on board such boat may only land or tranship common sole from such boat, whether within the specified area or elsewhere, if the common sole so landed or transhipped did not exceed 10 per cent by weight of the total catch of all species of fish subject to quotas landed or transhipped on any occasion.

(2) An Irish sea-fishing boat fishing in the specified area by means other than beam trawls or a person on board such boat may only land or tranship common sole from such boat, whether within the specified areas or elsewhere if the common sole so landed or transhipped did not exceed 10 per cent. by weight of the total catch of all species of fish subject to quotas landed or transhipped on any occasion.

(3) In this Article "quotas" means the State's share of the total allowable catch (TAC) fixed by the Council of the European Communities relating to certain species of fish in respect of the year 1993, or, as the case may be, each subsequent year thereafter.

5. The master or other person in charge of an Irish sea-fishing boat fishing by means of beam trawls in the specified area shall, before each landing or transhipment of common sole from the boat, inform a Sea Fisheries Protection Officer of the time and location of the landing or transhipment whether inside or outside the State and the quantity of common sole concerned.

6. In a prosecution for an offence under Article 4 of this Order the following shall be prima facie evidence that the sea-fishing boat concerned was, at the time fo the alleged offence, used for the transhipment or landing of common sole in contravention of the said Article 4;

(1) 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 landed or transhipped contrary to the said Article 4;

(2) 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,

(3) 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.

7. The Common Sole (Control of Fishing in ICES Divisions VIIf) and VIIg) ) Order, 1993 ( S.I. No. 321 of 1993 ) is hereby revoked.

GIVEN under my Official Seal, this 23rd day of December, 1993.

DAVID ANDREWS,

Minister for the Marine.

EXPLANATORY NOTE.

This Order provides a management regime for ICES Divisions VIIf and VIIg common sole fishery with effect from the 1st January, 1994.

Landings and transhipments of common sole caught in ICES Divisions VIIf and VIIg by Irish sea-fishing boats fishing by any means may comprise no more than 10% by weight of the total catch of quota species on board at the time of landing or transhipment.