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S.I. No. 260/1977 - Sea Fisheries (Conservation and Rational Exploitation) (No. 6) Order, 1977.

S.I. No. 260 of 1977.

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION) (No. 6) ORDER, 1977.

I, BRIAN LENIHAN, Minister for Fisheries, being satisfied, having regard to the Treaty establishing the European Economic Community, signed at Rome on the 25th day of March, 1957, and the Treaty relating to the accession of Ireland to the European Economic Community and to the European Atomic Energy Community, signed at Brussels on the 22nd day of January, 1972, and to Council Regulation (EEC) No. 1672/77 of 25 July, 19771 that it is necessary to do so, 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, 1977 ( S.I. No. 30 of 1977 ) (as adapted by the Lands (Alteration of Name of Department and Title of Minister) Order, 1977 ( S.I. No. 29 of 1977 )), hereby order as follows:

1 OJ No. L186/27 of 26/7/77.

1. (1) This Order may be cited as the Sea Fisheries (Conservation and Rational Exploitation) (No. 6) Order, 1977.

2. In this Order—

"baseline" means the baseline referred to in section 4 of the Maritime Jurisdiction Act, 1959 (No. 22 of 1959);

"sea-fishing boat" means any ship, boat or other vessel of whatsoever kind used for sea-fishing (within the meaning of Part XIII of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959));

"the specified area" means that part of the Irish Sea which is within the exclusive fishery limits of the State, lies within twelve nautical miles seaward of the baseline and is north of the parallel of 53° 20’ north latitude;

"the specified period" means the period commencing on the commencement of this Order and ending on the 31st day of December, 1977.

3. During the specified period fishing for herring in the specified area is prohibited and the master of a sea-fishing boat shall not cause or permit the boat or any person on board to engage in such fishing in the specified area during such period.

4. (1) During the specified period—

( a ) a sea-fishing boat shall not have herring on board, within the specified area, and

( b ) the master of a sea-fishing boat shall not cause or permit the boat or any person on board to have herring on board, within the specified area,

unless, in each case, the fishing for the herring did not contravene Article 3 of this Order.

(2) It shall be for the person charged with an offence under paragraph (1) of this Article to show, if it be the case, that the fishing for the herring to which the charge relates did not contravene Article 3 of this Order.

5. In any proceedings in which a contravention of Article 4 of this Order is alleged it shall be a defence to prove that the herring to which the proceedings relate were either—

( a ) taken in the course of fishing for sprat and did not exceed 10 per cent. by weight of the total catch so taken, or

( b ) taken in the course of fishing for species other than herring or sprat and did not exceed 5 per cent. by weight of the total catch so taken.

GIVEN under my Official Seal, this 4th day of August, 1977.

BRIAN LENIHAN,

Minister for Fisheries.

EXPLANATORY NOTE.

This Order imposes a ban on herring fishing in certain areas off the east coast, as specified, up to and including 31 December 1977 as well as a ban on having herring on board a sea-fishing boat within the specified areas.