S.I. No. 309/1970 - Control of Fishing For Salmon At Sea Order, 1970.

S.I. No. 309 of 1970.

CONTROL OF FISHING FOR SALMON AT SEA ORDER, 1970.

I, JOHN FAHEY, 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, 1970 ( S.I. No. 123 of 1970 ), order as follows:

1. (1) This Order may be cited as the Control of Fishing for Salmon at Sea Order, 1970.

(2) This Order shall come into operation on the 1st day of January, 1971.

2. (a) A person shall not fish for salmon during the period from the 1st day of July in any year to the 5th day of May in the next following year in so much of the waters specified in the Schedule to this Order as lie north of the parallel of 48° north latitude and outside the exclusive fishery limits of the State (for the purposes of Part XIII of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959) ).

(b) A person shall not fish for salmon in so much of the waters specified in the Schedule to this Order as lie—

(i) between the parallels of 63° and 68° north latitude and east of the meridian of 0° longitude;

(ii) east of the meridian of 22° east longitude.

3. The subsequent Articles of this Order apply to so much of the waters specified in the Schedule to this Order as lie outside the exclusive fishery limits of the State (for the purposes aforesaid).

4. The master of a sea-fishing boat shall not retain or permit to be retained on board a salmon of less than 60 centimetres in length, measured from the tip of the snout to the end of the tail fin, but shall return it or cause it to be returned immediately to the sea.

5. The master of a sea-fishing boat shall not carry or permit to be carried on board or use or permit to be used on board any drift net, anchored net or seine net, used in fishing for salmon unless it has in all its parts meshes of such dimensions that, when any mesh is stretched diagonally lengthwise of the net, a flat guage 2 millimetres thick and 160 millimetres in width will pass through it easily when the net is wet.

6. A person shall not use in fishing for salmon a trawl net, a monofilament net or a troll.

7. A person shall not use in fishing for salmon—

(a) any hooks having a gape of less than 1·9 centimetres;

(b) a leader attaching the hook to the line having a strength less than that of 0·6 monofil nylon.

SCHEDULE.

All those waters situated—

(a) within those parts of the Atlantic and Arctic Oceans and their dependent seas which lie north of the parallel of 36° north latitude and between the meridian of 42° west longitude and the meridian of 51° east longitude, but excluding—

(i) 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 the Kullen, Sweden, and

(ii) the Mediterranean Sea and its dependent seas as far as the point of intersection of the parallel of 36° latitude and the meridian of 5°36' west longitude;

(b) within that part of the Atlantic Ocean north of 59° north latitude and between 44° west longitude and 42° west longitude.

GIVEN under my hand this 22nd day of December, 1970.

JOHN FAHEY

Parliamentary Secretary to the Minister

for Agriculture and Fisheries.

EXPLANATORY NOTE.

This Order implements a recommendation of the North-East Atlantic Fisheries Commission for the regulation of fishing for salmon outside national fishery limits of member States. For the purposes of Part XIII of the Fisheries (Consolidation) Act, 1959 , the Maritime Jurisdiction Acts, 1959 and 1964 prescribe that "the exclusive fishery limits of the State shall comprise all sea areas which lie within the line every point of which is at a distance of twelve nautical miles from the nearest point of the baseline".