Common Sole (Restriction on Fishing in The Irish Sea) Order, 1989
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: This Order may be cited as the Common Sole (Restriction on Fishing in the Irish Sea) Order, 1989.
num: 2
paragraphs: 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.
num: 3
paragraphs: (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.
num: 4
paragraphs: 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.
num: 5
paragraphs: (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.
num: 6
paragraphs: 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.
num: 7
paragraphs: (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.
num: 8
paragraphs: 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 7.