Monkfish (Restriction on Fishing) (No. 12) Order, 1998
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: This Order may be cited as the Monkfish (Restriction on Fishing)(No. 12) Order, 1998 and shall come into operation on the 1st day of December, 1998 and shall cease to have effect from 31st December, 1998.
num: 2
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 sub-area VI.
"monkfish" means Lophius spp
"length", in relation to a boat, means the distance from the forepart of the stem of the boat to the aft side of the head of the sternpost of the boat or to the foreside of the rudder stock.
(2) In this Article—
"the Communication" means the Communication (85/C347/05) 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" means the International Council for the Exploration of the Sea.
(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.
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paragraphs: (1) From the 1st day of December, 1998, an Irish sea-fishing boat, or a person on board such boat, fishing in the specified area shall not have or retain on board more than 2.5 tonnes of monkfish during the period of the 1st day of December, 1998 to the 31st day of December, 1998, nor land more than that quantity during this period.
(2) Notwithstanding the provisions of sub-paragraph (1) of this Article, from the 1st day of December, 1998, an Irish sea-fishing boat of length greater than or equal to 55 feet, or a person on board such boat, and fishing in the specified area shall not have or retain on board more than 5 tonnes of monkfish during the period of the 1st day of December, 1998 and the 31st day of December, 1998 nor land more than that quantity of monkfish during this period.
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paragraphs: From the 1st day of December, 1998, the master or other person for the time being in charge of an Irish sea fishing boat shall not cause or permit such boat to be used in the specified area for the transhipment of monkfish or cause or permit such boat to engage in transhipment operations at sea.
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paragraphs: (1) The master or other person for the time being in charge of an Irish sea-fishing boat shall, prior to the commencement of each voyage, inform a Sea Fisheries Protection Officer of the expected port at which the licensed vessel shall land monkfish on completion of that voyage.
(2) The master or other person for the time being in charge of an Irish sea-fishing boat shall not land monkfish at any port or place unless, on each occasion a Sea Fisheries Protection Officer has given prior approval of such landing.
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paragraphs: In a prosecution for an offence under Article 3 or 4 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 landing or transhipment of monkfish in contravention of the said Article 3 or 4;