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S.I. No. 201/1994 - Sea Fisheries (International Waters) (Driftnet) Order, 1994

S.I. No. 201 of 1994.

SEA FISHERIES (INTERNATIONAL WATERS) (DRIFTNET) ORDER, 1994

I, DAVID ANDREWS, Minister for the Marine, in exercise of the powers conferred on me by section 223A (inserted by section 9 of the Fisheries (Amendment) Act, 1978 (No. 18 of 1978) and amended by section 4 of the Fisheries (Amendment) Act, 1983 (No. 27 of 1983)) of the Fisheries (Consolidation) 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 Tourism, Fisheries and Forestry (Alteration of Name of Department and Title of Minister) Order, 1987 ( S.I. No. 82 of 1987 )), hereby order as follows:

1. (1) This Order may be cited as the Sea Fisheries (International Waters) (Driftnet) Order, 1994.

(2) This Order shall come into operation on the 8th Day of July, 1994.

2. In this Order "the Council Regulation" means Council Regulation (EEC) No. 3094/86 of the 7th October, 1986(1) as amended by Council Regulation (EEC) No. 345/92 of 27th January, 1992(2) and any future regulation of the Council made after the commencement of this Order which amends, extends, replaces or consolidates (with or without modification) the Council Regulation (as defined herein);

(1)O.J. No. L288/1,11.10.86.

(2 )O.J. No. 142/15, 18.2.92.

3. The provisions of Article 9a of the Council Regulation are hereby prescribed and adopted and, accordingly, any infringement or Article 9a (1) of the Council Regulation outside the exclusive fishery limits of the State in relation to an Irish fishing vessel or by a person on board an Irish sea-fishing vessel, after the commencement of this Order, shall be an infringement of this Order.

4. For the purpose of this Order "driftnets" means a wall of netting used in fishing which is free to move according to tide and wind conditions.

5. For the purposes of enforcement of this Order, the provisions of Section 233 (amended by section 11 of the Fisheries (Amendment) Act, 1978 (No. 18 of 1978) and amended by section 4 of the Fisheries (Amendment) Act, 1983 (No. 27 of 1983)) of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959) are deemed to apply.

GIVEN under my Official Seal, this 7th day of July, 1994.

DAVID ANDREWS,

Minister for the Marine.

EXPLANATORY NOTE.

The effect of this Order is to prescribe and adopt Commission Regulation (EEC) No. 345/92 of 27th January, 1992 and in particular Article 9 (a) which prohibits the use or retention on board an Irish fishing vessel fishing for Tuna one or more draftnets whose individual or total length is more than 2.5 kilometres.