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S.I. No. 312/1977 - Sea Fisheries (Conservation and Rational Exploitation) (No. 7) Order, 1977.

S.I. No. 312 of 1977.

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION) (No. 7) 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. 1779/77 of 2nd August, 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. L196/4 of 3/8/1977.

1. This Order may be cited as the Sea Fisheries (Conservation and Rational Exploitation) (No. 7) Order, 1977, and shall come into operation on the 7th day of October, 1977.

2. In this Order—

"Irish sea-fishing boat" has the meaning assigned to it by section 219 of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959);

"the specified area" means that part of the Irish Sea which is north of the parallel of 52° 30' north latitude and south of the parallel of 55° 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 by Irish sea-fishing boats is prohibited, and the master of an Irish 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 the specified period.

4. (1) During the specified period—

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

( b ) the master of an Irish 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.

(3) During the specified period an Irish sea-fishing boat shall not land herring at any place within the specified area, and the master of an Irish sea-fishing boat shall not cause or permit the boat or any person on board to land herring at any such place during the specified period.

(4) A person shall not sell, expose for sale or have in possession for the purposes of sale any herring taken or landed in contravention of this Order.

GIVEN under my Official Seal, this 5th day of October, 1977.

BRIAN LENIHAN,

Minister for Fisheries.

EXPLANATORY NOTE.

This Order imposes a ban on herring fishing by Irish sea-fishing vessels or having herring on board an Irish sea-fishing vessel in the Irish Sea up to and including 31st December, 1977.