STATUTORY INSTRUMENTS.

S.I. No. 291 of 1999.

COMMON SOLE (PROHIBITION OF FISHING IN ICES DIVISIONS VIIf AND VIIg) ORDER, 1999.

S.I. No. 291 of 1999.

COMMON SOLE (PROHIBITION OF FISHING IN ICES DIVISIONS VIIf AND VIIg) ORDER, 1999.

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 Common Sole (Prohibition of Fishing in ICES Divisions VIIf) and VIIg)) Order, 1999.

2. This Order shall come into operation on the 19th day of September, 1999.

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 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) “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 1999, or, as the case may be, each subsequent year thereafter.

“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. An Irish sea-fishing boat fishing in the specified areas or a person on board such boat shall not engage in fishing, land or tranship common sole from such boat, whether within the specified areas or elsewhere.

6. 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 common sole in contravention of that Article:

(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 that Article;

(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,

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) (No. 2) Order, 1988 ( S.I. No. 531 of 1998 ) 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 the fishing for, transhipping, landing or having on board common sole caught by Irish sea-fishing boats in ICES Divisions VIIf and VIIg with effect from the 19th September, 1999.

⁽¹⁾ O.J. C.347/14 of 31/12/85