Sole (Prohibition on Fishing) Order, 1988.

Date30 June 1988
Statutory Instrument No.148/1988

S.I. No. 148 of 1988.

SOLE (PROHIBITION ON FISHING) ORDER, 1988.

I, BRENDAN DALY, 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 Sole (Prohibition on Fishing) Order, 1988.

2. This Order shall come into operation on the 2nd day of July, 1988.

3. (1) In this Order "the specified areas" means the parts of the sea described in the Annex to the Communication and therein referred to as ICES Divisions VIIa), VIIG), and VIIh).

(2) 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 purposes of fisheries statistics and regulations in the north-east Atlantic 1

1O.J. No. 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 the Official Journal purporting to contain the Communication.

4. Neither an Irish sea-fishing boat nor a person on board an Irish sea-fishing boat shall engage in fishing for sole in the specified areas 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 areas.

5. (a) An Irish sea-fishing boat shall not have sole on board within the specified areas.

(b) the master of an Irish sea-fishing boat shall not cause or permit the boat or any person on board to have sole on board within the specified areas.

6. The master of a sea-fishing boat shall not cause or permit the boat to be used within the specified areas for the transhipment or landing of sole from an Irish sea-fishing boat.

7. (1) In a prosecution for an offence under Article 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 sole in...

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