STATUTORY INSTRUMENTS.

S.I. No. 74of 1984.

FISHERY LIMITS (EUROPEAN COMMUNITIES)REGULATIONS, 1984.

(PI. 2275)

2 [74]

S.1. No. 74of 1984.

FISHERY LIMITS (EUROPEAN COMMUNITIES)REGULATIONS , 1984.

I , PADDY O'TOOLE, Minister for Fisheries and Forestry ,in exercise of the powers conferred on me by section 224B(inserted by section 5 of the Fisheries (Amendment) Act ,1983 (No . 27 of 1983» of the Fisheries (Consolidation) Act ,1959(No. 14of 1959), for the purpose of giving effect , withinthe exclusive fishery limits of the State , to Council Regulation(EEC) No. 170/83 of 25 January 1983(3), hereby make thefollowing regulations:

1. These Regulations may be cited as the Fishery Limits(European Communities) Regulations, 1984.

2. In these Regulations--

"baseline" has the meaning specified in section 4 of theMaritime Jurisdiction Act, 1959(No. 22of 1959);

"Member State" means a Member State of the EuropeanEconomic Community;

" the relevant part of the exclusive fishery limits of the State"means that part of those fishery limits that lies within the lineevery point of which is at a distance of twelve nautical milesseaward from the nearest point of the baseline.

3. A person shall in the relevant part of the exclusivefishery limits of the State neither fish nor attempt to fish froma sea-fishing boat registered in a Member State other thanthe State unless each of the following conditions is compliedwith:

(a) the fishing or attempted fishing is in the portion ofthe relevant part of the exclusive fishery limits ofthe State lying outside a line every point of whichis at a distance of six nautical miles seaward fromthe nearest point of the baseline, and

(a) O.J. No. L24/1 of 27.1.1983.

Notice ofthe making ofthis Statutory Instrument waspublishedin "Iris Oifigiuil" af 20th March, 1984.

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(b) the sea-fishing boat is registered in a Member Statementioned in column (1) of the Schedule to theseRegulations , and

(c) the fishing or attempted fishingis for a species of fishspecified in column (2) of the said Schedule oppo­site the mention in column (1) thereof of theMember State in which such boat is registered,and

(d) the fishing or attempted fishing is in the portion ofthe relevant part of the exclusive fishery limits ofthe State described in column (3) of the saidSchedule and opposite both such mention of suchMember State and the mention in column (2)thereof of such species of fish.

4. (1) In any proceedings for an offence consisting of acontravention of Regulation 3 of these Regulations each ofthe following shall be primafacie evidence that the sea-fishingboat concerned was, at the time of the alleged offence,registered in a particular Member State (other than the State) :

(i) evidence that at or about the time of thealleged offence such sea-fishing boat worethe ensign or national flag of that MemberState,

(ii) evidence that at or about such time such sea­fishing boat had marked on her stern thename of a port or other place in that MemberState,

(iii) evidence that at or about such time such sea­fishing boat had on board any books, papersor other documents from which it appears tothe court that at such time she was soregistered ,

(iv) any admission by any person who is for thetime being the master or other person incharge, or another member of the crew, ofsuch sea-fishing boat that she was at suchtime so registered,

(v) any other matter from which it so appears thatsuch sea-fishing boat was so registered or

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which in the opinion of the court suggests, ortends to suggest, that such sea-fishing boatwas so registered.

(2) In any proceedings for an offence consisting of a con­travention of Regulation 3 of these Regulations in which it isproved that a person has fished or attempted to fish from asea-fishing boat registered in a Member State mentioned incolumn (1) of the Schedule to these Regulations within theportion of the exclusive fishery limits of the State mentionedin paragraph (a) of the said Regulation 3, it shall be presumeduntil the contrary is proved that such fishing or attemptedfishing was for a species of fish other than a species specifiedin column (2) of the said Schedule opposite the mention inthe said column (1) of that Member State.

5. (1) In any proceedings for an offence under Chapter IIof Part XIII of the Fisheries (Consolidation) Act, 1959 (No.14 of 1959), concerning fishing or attempted fishing by aperson on board a foreign sea-fishingboat within that portionof the exclusive fishery limits of the State which is mentionedin paragraph (a) of Regulation 3 of these Regulations otherthan proceedings referred to in Regulation 4 of theseRegulations, unless the contrary is proved as regards each ofthem, all the presumptions contained in paragraph (2) of thisRegulation shall be made.

(2) The presumptions referred to in paragraph (1) of thisRegulation are-

(a) that at the time of the alleged offence the conditioncontained in paragraph (b) of Regulation 3 ofthese Regulations was not complied with asregards the sea-fishing boat to which such offencerelates,

(b) that the condition specified in paragraph (c) of thesaid Regulation 3 was not complied with asregards the fishing or attempt to fish constitutingsuch offence, and

(c) that the condition specified in paragraph (d) of thesaid Regulation 3 was not so complied with.

6. The European Communities (Fishery Limits)Regulations, 1973(S.I. No. 127of 1973), are hereby revoked.

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SCHEDULE

(1)

Member State

Belgium

United Kingdom

(2)

Species of Fish

Demersal species

Demersal species,herring andmackerel.

(3)Portion of Relevant Part of

ExclusiveFishery Limits of State(a) The portion of the relevantpart of the exclusive fishery limitsof the State which lies-

(i) opposite a line drawn fromtlie point at Power Head , theco-ordinates of which are 510

47.1' north latitude and 80

10.6' west longitude, in anorth-easterly directionstraight to the point (on thebaseline) at Carnsore Point,the co-ordinates of which are520 10.3' north latitude and60 21.8' west longitude , and

(ii) between lines drawn (1) intrue direction south from thesaid point at Power Head,and {II) in true directionsouth from the said point atCarnsore Point,

(b) the portion of the relevant partof the exclusivefisherylimits of theState which lies-

(i) opposite a line drawn alongthe baseline, initially in anorth-westerly direction,from the point (on the base­line) at Wicklow Head , theco-ordinates of which are 520

57.9' north latitude and 5059.8' west longitude , to thepoint at Ballagan Point, theco-ordinates of which are 540

00.0' north latitude and 60

06.1' west longitude , andfrom the last-mentionedpoint in a north-easterlydirection straight to the pointat Haulbowlirie Rock light­house , the co-ordinates ofwhich are 54001.2' north lat­itude and 60 04.7' west lon­gitude, and

(ii) between lines drawn (I) intrue direction east from thesaid point at WicklowHead,and (II) in true directionsouth east from the saidpoint at Haulbowline RockLighthouse .

The portion of the relevant partof the exclusivefisherylimitsof theState which lies-

(i) opposite that part of thebaseline which {being drawnin a north-easterly direction)joins the point at Mine Head ,

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(I) (2) (3)Member State Species of Fish Portion of Relevant Part of

Exclusive Fishery Limits of Statethe co-ordinates of which are51° 59.6' north latitude and7°34.6' west 10~itude , to thepoint at Hook ead, the co-ordinates of which are 52°07.4' north latitude and 6°55.7' west longitude , and

(ii) between lines drawn (I) intrue direction south from thesaid point at Mine Head andfIl) In true direction southrom the said point at Hook

Head.Demersal species, The portion of the relevant ~artherring, mackerel, of the exclusive fishery limits 0 thenephropsand State which lies-escallops .

(i) opposite a line drawn alongtlie baseline, initially in aneasterly direction , from theflint (on the baseline) at

ook Head, the co-ordi-nates of which are 52° 07.4'north latitude and 6° 55.7'west longitude, to the pointat Ballagan Point, the co-ordinates of which are 54°00.0' north latitude and 6°06.1' west longitude , andfrom the last-mentionedpoint in a north-easterlydirection straight to the pointat Haulbowline Rock Light-house , the co-ordinates ofwhich are 54° 01.2' north lat-itude and 6° 04.7' west lon-gitude , and

(ii) between lines drawn (I) intrue direction south from thesaid mint at Hook Head,and II) in true directionsouth east from the said~int at Haulbowline Rock

ighthouse.France Demersal species The portion of the relevant ~art

and nephrops of the exclusive fishery limits 0 theState which lies-

(i) opposite that hart of thebaseline which, !.assingthrough SIYIle Hea , joinsthe point at Erris Head, theco-ordinates of which are 540

18.6' north latitude and ~59.9' west lon~tude , to thepoint at Sybil oint, the co-ordinates of which are 520

10.9' north latitude and 10028.4' west longitude , and

(ii) between lines drawn (I) intrue direction north west

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(1) (2) (3)Member State Species of Fish Portion of Relevant Part of

ExclusiveFishery Limits of State

from the said point at ErrisHead, and (II) in true direc-tion west from the said pointat Sybil Point.

Demersal species, The portion of the relevant r,artnephrops and of the exclusivefisherylimitsa themackerel. State which lies-

(i) opposite that ~art of thebaseline whic passingthrough Bream Point, CapeClear, Wins the point atMizen ead, the co-ordi-nates of which are 51° 26.9'north latitude and 9° 49.2'west longitude, to the~intat The Stags, Toe Hea , theco-ordinates of which are 51°28.0' north latitude and 9°13.4' west longitude, and

(ii) between lines drawn (I) intrue direction south from thesaid foint at Mizen Head,and II) in true directionsouth from the saidrint atThe Stags, Toe Hea .

Demersal s~ecies, The portion of the relevant r,artnephrops, erring of the exclusivefisherylimits 0 theana mackerel. State which lies-

(i) opposite a line drawn alongthe baseline, initially in anorth-easterly direction,from the point (on the base-line) at The Stags, Toe Head,the co-ordinates of which are51° 28.0' north latitude and9°13.4' westlo~tude, to thelGint at The Id Head of

.nsale, the co-ordinates ofwhich are 51°36.3' north lat-itude and 8° 32.0' west lon-gitude, and from the last-mentioned point in a north-easterly direction, strai~ht tothe point at Power Hea , theco-ordinates of which are 51°47.1' north latitude and 8°10.6' west longitude, and

(ii) between lines drawn (I) intrue direction south from thesaid~int at The Stags, ToeHea , and (II) in true direc-tion south from the saidpoint at Power Head.

All species The portion of the relevant r,artof the exclusivefisherylimits 0 theState which lies-

(i) opposite a line drawn fromtlie point at Power Head, the

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(1) (2) (3)

Member State Species of Fish Portion of Relevant Part ofExclusive Fishery Limits of State

co-ordinates of which are 51°47.1' north latitude and 8°10.6' west longitude, in anorth-easterly directionstraitht to the point (on thebase ine) at Camsore Point,the co-ordinates of which are52° 10.3' north latitude and6° 21.8' west longitude, and

(ii) between lines drawn (1) intrue direction south from thesaid point at Power Head,and (II) in true directionsouth from the said point atCamsore Point.

All species except The portion of the relevant ~artshellfish of the exclusivefishery limits 0 the

State which lies-

(i) opposite a line drawn alongtlie baseline, initially in anorth-easterly direction,from the&::int (on the base-line) at amsore Point, theco-ordinates of which are 52°10.3' north latitude and 6°21.8' west longitude, to thepoint at Ballafan Point, theco-ordinates 0 which are 54°00.0' north latitude and 6°06.1' west longitude, andfrom the last-mentionedpoint in a north-easterlydirection straight to the pointat Haulbowlirie Rock Light-house, the co-ordinates ofwhich are 54° 01.2' north lat-itude and 6° 04.7' west lon-gitude, and

(ii) between lines drawn (1) intrue direction south from thesaid point at Camsore Point,and (II) in true directionsouth east from the said~int at Haulbowline Rock

ighthouse.

Federal Republic Herring The portion of the relevant ~artof Germany of the exclusive fishery limits 0 the

State which lies-

(i) opposite that ~art of thebaseline whic, lassingthrough Mine Hea , joinsthe point at The Old Head ofKinsale, the co-ordinates ofwhich are 5e 36.3' north lat-itude and go 32.0' west lon-gitude, to the point at Cam-sore Point, the co-ordinatesof which are 52° 10.3' northlatitude and 6°21.8' west lon-gitude, and

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(1) (2) (3)

Member State Species of Fish Portion of Relevant Part ofExclusiveFishery Limits of State

(ii) between lines drawn (I) intrue direction south from thesaid point at The Old Headof Kinsale, and (II) in truedirection south from the saidpoint at Camsore Point .

Mackerel The portion of the relevant ~artof the exclusive fisherylimits 0 theState which lies-

(i) opposite a line drawn fromtile point of Power Head , theco-ordinates of which are 51°47.1' north latitude and 8°10.6' west longitude, in anorth-easterly directionstrai~t to the point (on thebase ine) at Camsore Point ,the oo-ordinates of which are52° 10.3' north latitude and6° 21.8' west longitude, and

(ii) between lines drawn (I) intrue direction south fromthe said p<>int at PowerHead , and (II) in true direc-tion south from the saidpoint at Camsore Point .

Netherlands Herring and The portion of the relevant ~artmackerel of the exclusivefishery limits0 the

State which lies-

(i) opposite that ~art of thebaseline whic, I!easSin~thro~ the Old ead 0Kins e, joins the point atThe Stags, Toe Head , theoo-ordinates of which are 51°28.0' north latitude and 9°13.4' west longitude, to thepoint at Camsore Point, theoo-ordinates of which are 52°10.3' north latitude and 6°21.8' west longitude, and

(ii) between lines drawn (I) intrue direction south from thesaid r int at The Stags, ToeHea , and (II) in true direc-tion south from the saidpoint at Camsore Point.

(0GIVEN under my Official Seal, this 16th day of

March , 1984.L.S.

PADDY O'TOOLE,Minister for Fisheries and Forestry.

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EXPLANATORY NOTE.

(This note is not part ofthe Instrument and does not purportto be a legal interpretation.)

These Regulations implement the provisions of Article 6of Council Regulation (EEC) No. 170/83 of 25 January 1983,which authorises the State to restrict fishing by other MemberStates of the European Economic Community in certain areaswithin the exclusive fishery limits of the State.

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