S.I. No. 211/1976 - Industrial Fishing For Herring (Prohibition) Order, 1976.

S.I. No. 211 of 1976.

INDUSTRIAL FISHING FOR HERRING (PROHIBITION) ORDER, 1976.

I, MICHAEL PAT MURPHY, Parliamentary Secretary to the Minister for Agriculture and Fisheries, being satisfied, having regard to the North-East Atlantic Fisheries Convention signed in London on the 24th day of January, 1959, that it is necessary to do so, hereby, in exercise of the powers conferred on me by section 35 of the Fisheries (Amendment) Act, 1962 (No. 31 of 1962), and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1965 ( S.I. No. 83 of 1965 ) (as adapted by the Agriculture (Alteration of Name of Department and Title of Minister) Order, 1965 ( S.I. No. 146 of 1965 )) and the Fisheries (Delegation of Ministerial Functions) Order, 1973 ( S.I. No. 93 of 1973 ), order as follows:

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1. (1) This Order may be cited as the Industrial Fishing for Herring (Prohibition) Order, 1976.

(2) This Order shall come into operation on the 13th day of December, 1976.

(3) A reference in this Order to sprat shall be taken to refer to the species Sprattus sprattus.

2. (1) In this Order—

"an industrial purpose" means a purpose other than human consumption or bait;

"the scheduled waters" means the waters specified in the Schedule to this Order.

(2) A reference in this Order to herring shall be taken to refer to the species Clupea harengus.

3. (1) Subject to Article 4 of this Order, fishing for herring intended for an industrial purpose is prohibited in the scheduled waters.

(2) Subject to Article 4 of this Order, the landing of herring taken in the scheduled waters and intended for an industrial purpose is prohibited.

4. Notwithstanding Article 3 of this Order, herring taken in the scheduled waters and intended for an industrial purpose may be landed if they were taken as a by-catch in fishing for other species and if—

( a ) in the case of a catch of sprat, they comprise not more than 10 per cent. by weight of the catch determined on the basis of a sample, or

( b ) in the case of a catch of any other species, they comprise not more than 5 per cent. by weight of the catch so determined.

5. (1) A sample under Article 4 of this Order shall—

( a ) be selected by a sea fisheries protection officer,

( b ) comprise a quantity of not less than two kilograms in weight, and

( c ) be deemed to be a fair sample until the contrary is proved.

SCHEDULE.

All those 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° 30' 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 Kattegat and 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.

GIVEN under my hand this 29th day of November, 1976.

MICHAEL PAT MURPHY,

Parliamentary Secretary to the Minister

for Agriculture and Fisheries.

EXPLANATORY NOTE.

This Order implements a recommendation by the North East Atlantic Fisheries Commission prohibiting fishing for herring for purposes other than human consumption or bait in the specified waters (which include Irish coastal waters), subject to a small tolerance in landings of other species.