S.I. No. 326/1990 - Common Sole (Control of Fishing in The Irish Sea) Order, 1990.

1. This Order may be cited as the Common Sole (Control of Fishing in the Irish Sea) Order, 1990.

2. This Order shall come into operation on the 1st day of January, 1991.

3. (1) In this Order—

"the specified area" means the part of the sea described in the Annex to the Communication and therein referred to as ICES Division VII(a);

"common sole" means

Solea vulgaris

otherwise known as black sole or Dover sole.

(2) In this Article—

"the Communication" means the Communication (83/C347/05) from the Commission of the European Communities on the description of the ICES sub-areas and divisions used for the purpose of fising statistics and regulations in the north-east Atlantic

(1)

;

(1)

O.J. C.347/14 of 31/12/85.

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

(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. From the 1st day of March, 1991, neither an Irish sea-fishing boat fishing by means of beam trawls nor a person on board such boat shall engage in fishing for common sole in that part of the specified area which lies north of the line of latitude 52°30' North and the master of suh boat shall not cause or permit the boat or any person on board to engage in such fishing in the aforesaid area.

5. From the 1st day of March, 1991, 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 that part of the specified area which lies north of the line of latitude 52°30' North for the landing or transhipment of common sole.

6. (1) Until the 1st day of March, 1991, 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 40 per cent by weight of the total catch of all species of fish subject to quotas landed or transhipped on any occasion.

(2) From the 1st day of March, 1991, an Irish sea-fishing boat fishing in that part of the specified area which lies south of the line of latitude 53°35' North 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 5 per cent by weight of the total catch of all species of fish subject to quotas landed or transhipped on any occasion.

(3) 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 area or elsewhere if the common sole so landed or transhipped did not exceed 5 per cent by weight of the total catch of all species of fish subject to quotas landed or transhipped on any occasion.

(4) In this Article "quotas" means the State's share of the the total allowable catch (TAC) fixed by the Council of the European Communities relating to certain species of fish in respect of the year 1991, or, as the case may be, each subsequent year thereafter.

7. An Irish sea-fishing boat fishing in the specified area by means of beam trawls or a person on board such boat shall not land common sole except at the ports of Howth, Dunmore East, Kilmore Quay and Rosslare when landing within the State.

8. 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.

9. In a prosecution for an offence under Article 5 or 6 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 the said Article 5 or 6;

(

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 landed or transhipped contrary to the said Article 5 or 6;

(

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.

10. The Common sole (Control of Fishing in the Irish Sea) Order, 1990 (

S.I. No. 1 of 1990

) and the Common sole (Control of Fishing in the Irish Sea) (No. 2) Order, 1990 (

S.I. No. 259 of 1990

) are hereby revoked.

GIVEN under my Official Seal, this 20th day of December, 1990.

JOHN P. WILSON,

Minister for the Marine.

S.I. No. 326 of 1990.

COMMON SOLE (CONTROL OF FISHING IN THE IRISH SEA) ORDER, 1990.

I, JOHN WILSON, 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