S.I. No. 89/1989 - Common Sole (Restriction on Fishing in The Irish Sea) Order, 1989 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
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- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 1989 S.I. No. 89/1989 - Common Sole (Restriction on Fishing in The Irish Sea) Order, 1989 S.I. No. 89/1989 - Common Sole (Restriction on Fishing in The Irish Sea) Order, 1989 AmendmentsLeasuithe S.I. No. 89 of 1989. COMMON SOLE (RESTRICTION ON FISHING IN THE IRISH SEA) ORDER, 1989 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 Common Sole (Restriction on Fishing in the Irish Sea) Order, 1989. 2. This Order shall come into operation on the 26th day of April, 1989 and cease to have effect from the 1st day of January, 1990. 3.
(1)In this Order— "the specified area" means the parts of the sea described in the Annex to the Communication and therein referred to as ICES Divisions VIIa); "vessel" means an Irish sea-fishing boat fishing by means of beam trawls.
(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 purpose of fishing statistics and regulations in the North-East Atlantic.
(1)
(1)O.J. 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 of 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 common 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 area. 5.
(1)A vessel shall not have common sole on board within the specified area.
(2)The master of a vessel shall not cause or permit the vessel or any person on board to have common sole on board within the specified area. 6. The master of a vessel shall not cause or permit the vessel to be used within the specified area for the transhipment or landing of common sole from a vessel. 7.
(1)In a prosecution for an offence under Article 6 of this Order the following shall be prima facie evidence that the vessel concerned was, at the time of the alleged offence, used for the transhipment or landing of common sole in contravention of that Article: ( a ) evidence that such vessel 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 received on board the vessel otherwise than in the course of fishing, ( 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 vessel that at such time she was so used, ( c ) any other matter from which it so appears that such vessel was so used or which in the opinion of the Court suggests, or tends to suggest, that such vessel was so used.
(2)In a prosecution for an offence under Article 5 of this Order it shall be a defence for the defendant to prove that the common sole to which the prosecution relates— ( a ) were taken in the course of fishing that did not contravene Article 4 of this Order, or ( b ) were taken outside the specified area. 8. The following provisions of the Common Sole (Control of Fishing in the Irish Sea) Order, 1989 ( S.I. No. 2 of 1989 ) are hereby revoked: ( a ) Article 4, ( b ) Article 5, ( c ) Paragraphs
(1)and
(2)of Article 6, and ( d ) "5 or" in each place where it occurs in Article
- GIVEN under my Official Seal, this 25th day of April,
- BRENDAN DALY, Minister for the Marine. EXPLANATORY NOTE. This Order prohibits fishing for, landing, transhipping or having on board sole by Irish sea-fishing boats fishing by means of beam-trawls, in the Irish Sea, from 26th April, 1989 until 1 January,
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