S.I. No. 16/1965 - Fishing Nets (Regulation of Mesh) Order, 1965.

S.I. No. 16 of 1965.

FISHING NETS (REGULATION OF MESH) ORDER, 1965.

I, SEOIRSE Ó COLLA, Parliamentary Secretary to the Minister for Lands, in exercise of the powers conferred on me by sections 226 and 230 of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959), and the Fisheries (Delegation of Ministerial Functions) Order, 1964 ( S.I. No. 256 of 1964 ), hereby order as follows:

1. (1) This Order may be cited as the Fishing Nets (Regulation of Mesh) Order, 1965.

(2) This Order shall come into operation on the 1st day of March, 1965.

2. This Order applies to all waters which are situated within those parts of the Atlantic Ocean and its dependent seas which lie north of the parallel of 48° north latitude, east of the meridian of 18° west longitude and are bounded by a line running from a point 60° north latitude 18° west longitude due east to the meridian of 5° west longitude, thence due north to the parallel of 60° 30¹ north latitude, thence due east to the meridian of 4° west longitude, thence due north to the parallel of 62° north latitude and thence due east to the coast of Norway but excluding the Baltic Sea and Belts lying to the south and east of lines drawn from Hasenore Head, Denmark, to Gniben Point, Denmark, from Korshage, Denmark, to Spodsbierg, Denmark, and from Gilbierg Head, Denmark, to Kullen, Sweden.

3. (1) Subject to Article 5 of this Order, a sea-fishing boat shall not, in the waters to which this Order applies, carry on board or use any trawl, seine or other net towed or hauled unless it has in all its parts meshes of such dimensions that, when any mesh is stretched diagonally lengthwise of the net, a flat gauge 2 millimetres thick and of the appropriate width will pass through it.

(2) For the purposes of this Article the appropriate width of the gauge shall be—

(a) 70 millimetres in the case of any seine net or such part of any trawl net as is made of single twine and does not contain manila or sisal;

(b) 75 millimetres in the case of such part of any trawl net as is made of double twine and does not contain manila or sisal;

(c) 80 millimetres in the case of such part of any trawl net as is made of manila or sisal.

4. A sea-fishing boat shall not use any device by means of which the mesh in any part of a net the use of which is permitted by Article 3 of this Order is obstructed or in effect diminished; provided that it shall not be deemed unlawful to attach to the underside of the cod-end of a trawl any canvas, netting or other material, for the purpose of preventing or reducing wear or tear.

5. Notwithstanding Article 3 of this Order, a sea-fishing boat fishing for mackerel, clupeoid fishes, sand eels (Ammodytes), Norway pout (Gadus esmarkii), smelts, eels, great weevers (Trachinus draco), shrimps, prawns, nephrops or molluscs, may carry on board and use nets having meshes of dimensions smaller than those specified in Article 3 of this Order; provided that—

(a) any fishing instruments used for the capture of any of the descriptions of fish specified in this Article shall not be used for the purpose of catching other descriptions of fish, and

(b) a sea-fishing boat shall not carry on board or use any net having in the cod-end meshes of a dimension that are less than the relevant dimension specified in Article 3 of this Order but are greater than the dimension of the smallest mesh through which, when stretched diagonally lengthwise of the net, a flat gauge 2 millimetres thick and 49 millimetres in width will pass, except in the waters—

(i) of the Irish Sea south of the parallel of 54° 38¹ north latitude,

(ii) west of a line drawn from France to England along the meridian of 2° west longitude, and

(iii) south of a line drawn from Ireland due west along the parallel of 54° north latitude.

6. The Fishing Nets (Regulation of Mesh) Order, 1954 ( S.I. No. 44 of 1954 ), is hereby revoked.

GIVEN under my hand, this 29th day of January, 1965.

SEOIRSE Ó COLLA,

Parliamentary Secretary to the

Minister for Lands.

EXPLANATORY NOTE.

This Order prescribes minimum sizes for meshes of trawl and seine nets used in sea-fishing.