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S.I. No. 254/1988 - Herring (Prohibition on Fishing) (No. 2) Order, 1988.

S.I. No. 254/1988 - Herring (Prohibition on Fishing) (No. 2) Order, 1988. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge E

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 herring in contravention of that Article: (

  1. 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 herring were received on board the boat otherwise than in the course of fishing, (
  2. 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, or (
  3. 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.

(2)In a

Article 5

of this Order it shall be a defence for the defendant to prove that the herring to which the prosecution relates: (

  1. a)were taken in the course of fishing that did not contravene Article 4 of this Order, or (
  2. b)were taken outside the specified area.

(3)(a) In a

Article 5

or 6 of this Order it shall be a defence for the defendant to prove that the herring to which the prosecution relates were taken in divisions Vb), VIa) North or VIb) in the course of fishing for mackerel or horse mackerel only and were inextricably mixed with catches of, those species and did not exceed 10 per cent by weight of the total catch. (b) In this paragraph "division VIa) North" means ICES division VIa), north of 56°00’N and that part of division VIa) which is situated east of 07°00’W and north of 55°00’N, excluding the Clyde.

  1. The Herring (Prohibition of Fishing) Order, 1988 ( S.I. No. 136 of 1988 ), is hereby revoked. GIVEN under my Official Seal, this 30th day of September,
  2. BRENDAN DALY, Minister for the Marine. EXPLANATORY NOTE. This Order prohibits fishing for transhipping, landing or having on board herring by Irish sea-fishing boats in I.C.E.S. divisions Vb), VIa), VIb), VIIb) and VIIc). This Order allows a by-catch of herring in I.C.E.S. divisions Vb), VIa) North or VIb) provided the herring were taken in the course of fishing for mackerel or horse mackerel only and were inextricably mixed with those species and did not exceed 10 per cent by weight of the total catch. This Order shall come into effect on 3rd October, 1988 and shall cease to have effect on the 1st January,
  3. The Herring (Prohibition on Fishing) Order, 1988 ( S.I. No. 136 of 1988 ) is hereby revoked. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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