IE
S.I. No. 113/1995 - Mackerel (Restriction on Fishing) Order, 1995.
Table of Provisions (9)
Statutory Text (9 Articles)
1. This Order may be cited as the Mackerel (Restriction on Fishing) Order, 1995.
2. This Order shall come into operation on the 5th day of May, 1995.
3. (1) In this Order—
"the specified area" means ICES Sub-area V
b
), ICES Sub-area VI, ICES Sub-area VII, ICES Sub-area VIII
a
),
b
),
d
),
e
), ICES Sub-area XII and ICES Sub-area XIV.
(2) 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.
(3) In this Article—
"the Communication" means the Communication 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)
;
"ICES Sub-area V
b
)" "ICES Sub-area VI", "ICES Sub-area VII", "ICES Sub-area VIII
a
),
b
),
d
),
e
)", "ICES Sub-area XII" and "ICES Sub-area XIV" mean, respectively, the parts of the sea described in the Annex to the Communication and therein referred to as Sub-area V
b
), Sub-area VI, Sub-area VII, Sub-area VIII
a
),
b
),
d
),
e
), Sub-area XII and Sub-area XIV.
(1)
O.J. C.347/14 of 31/12/85.
4. Neither an Irish sea-fishing boat nor a person on board an Irish sea-fishing boat shall engage in fishing for mackerel in the specified area and the master of an Irish sea-fishing boat shall not cause or permit the boat or any person on board to engage in such fishing in the specified area.
5. (1) An Irish sea-fishing boat shall not have mackerel on board within the specified area.
(2) The master of an Irish sea-fishing boat shall not cause or permit the boat or any person on board to have mackerel on board within the specified area.
6. The master of an Irish sea-fishing boat shall not cause or permit the boat to be used within the specified area for the transhipment of mackerel from an Irish sea-fishing boat.
7. Notwithstanding the generality of this Order, during the period commencing on the 5th day of May, 1995 an Irish sea-fishing boat may have mackerel on board and land or tranship mackerel if the mackerel were taken in fishing for horse mackerel or herring and were inextricably mixed with catches of those species and did not exceed 5 per cent
by weight
of the total catch on board, landed or transhipped at any time, as the case may be.
8. The Mackerel (Restriction on Fishing) (Revocation) Order, 1994 [
S.I. No. 295 of 1994
] is hereby revoked.
GIVEN under my Official Seal, this 4th day of May, 1995.
HUGH COVENEY TD,
Minister for the Marine.
EXPLANATORY NOTE.
This Order prohibits fishing for, transhipment or having on board mackerel by Irish sea-fishing boats in ICES Divisions V
b
), VI, VII, VIII
a
),
b
),
d
),
e
), XII and XIV with effect from 5th May, 1995.
The Order permits Irish vessels, engaged in fishing for horse mackerel or herring, to retain on board, land or tranship mackerel if inextricably mixed with horse mackerel and herring up to a limit of 5% by weight of all species held on board, landed or transhipped at any one time from 5th of May, 1995.
S.I. No. 113 of 1995.
MACKEREL (RESTRICTION ON FISHING) ORDER, 1995.
I, HUGH COVENEY, 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