Sea Fisheries (Conservation and Management of Fishery Resources) Order 1985

STATUTORY INSTRUMENTS. S.I. No. 364 011985. SEA FISHERIES (CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES) ORDER. 1985. (PI. 3595) 2 (364] S.1. No. 364 of 19~5. SEA FISHERIES (CONSERVATION ASD MANAGEMENT OF FISHERY RESOURCES) ORDER. 1985. I. PADDY O'TOOLE. Minister for Fisheries and Forestry. 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 lCJ59). and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order. 1977 (S.1. No. 30 of 1977) (as adapted by the Fisheries (Alteration of Name of the Department and Title of Minister) Order. 1978 (S.1. No. 195 of 1978». hereby make the following Order: 1. This Order may be cited as the Sea Fisheries (Con servation and Management of Fishery Resources) Order, 1985. 2. In this Order "the Communication" means the Communication from the Commission of the European Communities on the description of the tCES sub-areas and divisions used for the purposes of fisheries statistics and regulations in the North East Atlantic'; "the Council Regulations" means Council Regulations (EEC) No. 343MWof 4 December. 1984.Council Regulation (EEC) No. 4/85) of 19 December. 1984. Council Regulation (EEC) No. 5/85- of 19 December. 1984. Council Regulation (EEC) No. 7185~ of 19 December. 1984. and Council Regulation (EEC) No. 97/85 of 14 January. 1985"; "Sub-area VI", "Sub-area VII", "Division VI (a)" "Division VI (b)," "Division VII (a)". "Division VII (b)'" "Division VII (e)", "Division VII (g)", "Division VII (h)": 'OJ. No. CI.-.I'3 of 3.6.19R2. :O.J. No. L'IK,1J of 7 D«ember 1984. 'OJ. No. L1!42 of 1 January 19lI5. :OJ No. LI '~::! of I January 19lI5. .() J. No. l.Jfh4 of I January 19!1~. "OJ. No. L I.l~ of Itl Jantlary 19!1~. Noticeoftht'making ofthisStatutoryInstrumentwaspublished ;n "Iris Oifig;ui/"of 12th November, 1985. (364) 3 "Division VII iff'. and o!Division VII (k)", mean. respect ively. the parts of the sea described in the Annex to the Communication and therein referred to as Sub-area VI. Sub arell VII. Division VI (d). Division VI (b), Division VII (II). Dtvision VII (h). Division VII (e), Division VII (g). Division VII (h), Division VII U). and Division VlI (k). 3. The provisions of each uf the Council Regulations (being measures of conservaiton of fish stocks and management of fishery resources).' In so far as they relate to the State. includ ing the exclusive fi5hery limits of the State. are hereby pre scribed and adopted and ac:eordingly. any Infrinpent of any provision of the Council Regulations within those limits (or. as the case may be. within the State). after the commencement of this Order shall. in addition to any offence which such infrinllement may constitute under the Fisheries Acts. IClS9 to 19&.1. be an infringement of this Order, 4 (1) Where. in proceedings in which there is alleged a contravention of this Order or any provision of the Fisheries Acts 1959 to 1910 (whether or not the alleged contravention is also a contravention of this Order) by a person on board a sea-fishing boat to which any of the Council Regulations applies. it is proved that (a) fish were found on board a sea-fishing boat. and (h) at the time when fish were so found such sea-fishing boat was within both the exclusive fishery limits of the State and any of the ICES Sub-areas or Divisions specified in paragraph (2) of this article. it shall be presumed until the contrary is proved that all of the fish so found were taken within such limits and within such Sub-area or Division. as may be'appropriate. (2) The ICES Sub-areas and Divisions referred to in para graph (1) of this Article are, (a) Sub-area VI and Sub-area VII. (b) the following Divisions of Sub-area VI. namely. division VI (II) and Division VI (b). and (e) the following Divisions of Sub-area VII. namely, Division Vllt,,). Division VII (b). Division VII (e). DIvision VII (g), ,Divisoin VII (h). Dlvision VII U). and Division vn (k), 4 [364] (3) (a) In any proceedings referred to in.paragrapb (1) of this Article (i) printll facie evidence of· the Communication may begiven by the production of a copy of the Official Journal of the European Com munities purporting to contain the Com munication, and (ii) each of the following shall be prima facie evidence that the sea-fishing boat concemed was, at the time of the alleged offence, regis tered in a particular State: (I) evidence that at or about the time of the alleged offence such sea-fishing boat wore the ensign or national Oag of that State, (II) evidence that at or about such time such sea-fishing boat had marked on her stem the name of a port or other place in that State. (III) evidence that at or about such time such sea-fishing boat had on board any books, papers or other documents from which it appears to the court that at such time she was so registered, (IV) 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 sh~ was at such time !IO registered, (V) anyother matter from which it so appean that such sea-fishing boat was so regis tered or which in the opinion of the court suggests, or tends to suggest. that such sea-fishing boat was So registered. (b) For the purpose of this paragraph the Faroe Islands shall be regarded as being a State. (0 GIVEN under my Official Seal this 7th day of LS. Noycmber, 1985. PADDY O'TOOLE, Minister for Fisheries a"d Forestry. (364) 5 EXPLANATORY NOTE. (17Ii1 not~ isnotpartofth~ In.JtnUn~ntanddMs notpurport to~ a tqat ;nt~rprttation.) ThisOrder makf'~ anyinfringement of EEC Council Regu lations laying down for 1985 certain measures for the con servationand management of fishing resources applicable to the vessels of Sweden. Norway, the Faroe Islands and Spain anoffenceinso farasthoseRegulations rel..te to theexclusive fishery limits of the State.