Sea-Fisheries and Maritime Jurisdiction Act 2006

37

Presumption.

37.— In a prosecution of an offence in relation to the catching, retention, storage on board, trans-shipment or landing of the fish concerned in contravention of Chapter 2 or section 25 of the Act of 2003, it shall be presumed, unless the contrary is shown, that the sea-fishing boat concerned was, at the time of the alleged offence, used for the catching, retention, storage on board, trans-shipment or landing of the fish concerned in contravention of the provision concerned, from—

( a) any fish relevant to the offence on board such sea-fishing boat,

( b) any nets or other equipment or articles on board such sea-fishing boat indicating use of the boat for fishing, the retention, storage on board, trans-shipment or landing of fish relevant to the offence,

( c) evidence that such sea-fishing boat had on board any records from which it appears to the court that on the day on which the offence is alleged to have been committed fish relevant to the offence were caught, retained, stored on board, trans-shipped or landed contrary to the provision concerned,

( d) any admission by any person who is for the time being the master or another member of the crew, of such sea-fishing boat that at such time it was so used,

( e) any photographic evidence from which it so appears that the sea-fishing boat was so used or which in the opinion of the court suggests, or tends to suggest, that the sea-fishing boat was so used, or

( f) any data received by a Fisheries Monitoring Centre (within the meaning of Commission Regulation (EC) No. 2244/2003 of 18 December 2003 2 laying down detailed provisions regarding satellite-based vessel monitoring systems) monitoring the fishing activities of the boat from which it so appears that the sea-fishing boat was so used or which in the opinion of the court suggests, or tends to suggest, that the boat was so used.

2 OJ No. L333, 20.12.2003, p.17