S.I. No. 246/1983 - Sea-Fishing Boats Regulations, 1983.

S.I. No. 246 of 1983.

SEA-FISHING BOATS REGULATIONS, 1983.

WHEREAS under a law of the United Kingdom, fishing for sea-fish or the transhipment of such fish within British fishery limits by or from a fishing boat registered in Northern Ireland, Great Britain, the Channel Islands or the Isle of Man, and the landing of sea-fish in Northern Ireland, Great Britain, the Channel Islands or the Isle of Man from a fishing boat so registered, are prohibited unless at least 75 per cent. of the members of the crew of the boat are British citizens or nationals of any other Member State of the European Communities;

AND WHEREAS the said law operates in particular to prohibit such fishing, landing and transhipment by or from certain fishing boats which having been registered outside the territory of the European Economic Community were subsequently registered at ports in Great Britain or the Channel Islands unless the said requirements regarding citizenship or nationality are complied with;

AND WHEREAS to promote the orderly conduct of fishing operations by fishing boats described in the first recital hereto within the exclusive fishery limits of the State it is desirable to apply a prohibition and condition to the like effect concerning such fishing, landing and transhipment of sea-fish by or from such fishing boats in waters within those exclusive fishery limits;

I, PADDY O'TOOLE, Minister for Fisheries and Forestry, in exercise of the powers conferred on me by section 222C (inserted by the Fisheries (Amendment) Act, 1983 (No. 27 of 1983) ) of the Fisheries (Conslidation) Act, 1959 (No. 14 of 1959), and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1977 ( S.I. No. 30 of 1977 ) (as adapted by the Fisheries (Alteration of Name of Department and Title of Minister) Order, 1978 ( S.I. No. 195 of 1978 ) ), hereby make the following regulations:—

1. These Regulations may be cited as the Sea-fishing Boats Regulations, 1983.

2. (1) A sea-fishing boat to which this condition applies shall not be used to—

( a ) fish for sea-fish within the exclusive fishery limits of the State,

( b ) land fish in the State,

( c ) trans-ship fish to or from such sea-fishing boat, whether in port or otherwise, within such limits,

unless at the time of such use not less than 75 per cent. of the members of the crew of such boat are Irish citizens or nationals of another Member State of the European Communities.

(2) The condition contained in paragraph (1) of this Regulation applies to any sea-fishing boat which is registered in Northern Ireland, Great Britain, the Channel Islands or the Isle of Man.

3. Nothing in these Regulations shall be construed as—

( a ) enabling any person on board a sea-fishing boat to which the condition contained in Regulation 2(1) of these Regulations applies to do or to attempt to do anything prohibited by section 222A (inserted by section 7 of the Fisheries (Amendment) Act, 1978 (No. 18 of 1978) ) of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959),

( b ) conferring as respects such a sea-fishing boat or any person on board such a sea-fishing boat a right to take, land or trans-ship fish.

GIVEN under my Official Seal, this 17th day of August, 1983.

PADDY O'TOOLE,

Minister for Fisheries and Forestry.

EXPLANATORY NOTE.

The effect of these Regulations is to require that a sea-fishing boat registered in Northern Ireland, Great Britain, the Channel Islands or the Isle of Man may not be used to fish within the exclusive fishery limits of the State, land fish in the State or trans-ships fish, in port or otherwise, within such limits unless the crew consists of at least 75 per cent of Irish citizens or nationals of another Member State of the EEC.