S.I. No. 289/1986 - Sea-Fishing Boats Regulations, 1986.


S.I. No. 289 of 1986.

SEA-FISHING BOATS REGULATIONS, 1986.

WHEREAS under conditions contained in licences for sea fishing issued by the authorities of the United Kingdom, and having the force of law in 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 or any other Member State of the European Communities (excluding until the 1st January, 1988, any Greek nationals and until 1st January 1993, any Spanish or Portuguese nationals who are not the spouse or children under 21 of Greek, Spanish or Portuguese workers already installed in the United Kingdom in accordance with the transitional arrangements on the free movement of workers following the accession of Greece, Spain and Portugal to the Communities as provided for in the relevant accession Treaties) ordinarily resident in the United Kingdom, Isle of Man or Channel Islands,

AND WHEREAS the said licences operate, inter alia, to give effect to the transitional measures for the free movement of Greek, Spanish and Portuguese workers as provided for by the Treaty of Accession of the Hellenic Republic to the European Communities and the Treaty of Accession of the Kingdom of Spain and the Portuguese Republic to the said Communities,

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, LIAM KAVANAGH, Minister for Tourism, 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 (Consolidated) 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 and Forestry (Alteration of Name of Department and Title of Minister) Order, 1986 ( S.I. No. 40 of 1986 )), hereby make the following regulations:

1. These Regulations may be cited as the Sea-fishing Boats Regulations, 1986.

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 (excluding until the 1st January, 1988, any Greek nationals and until 1st January, 1993, any Spanish or Portuguese nationals who are not the spouse or children under 21 of Greek, Spanish or Portuguese workers already installed in the United Kingdom in accordance with the transitional arrangements on the free movement of workers following the accession of Greece, Spain and Portugal to the Communities as provided for in the relevant accession Treaties) ordinarily resident in the United Kingdom, Isle of Man or Channel Islands: residence means residence on shore and for this purpose service on board a British ship does not count as residence in the United Kingdom, Isle of Man or Channel Islands.

(2) The condition contained in paragrpah (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.

4. The Sea-fishing Boats Regulations, 1983 ( S.I. No. 246 of 1983 ), are hereby revoked.

GIVEN under my Official Seal this 13th day of August, 1986.

LIAM KAVANAGH T.D.,

Minister for Tourism,

Fisheries and Forestry.

EXPLANATORY NOTE.

These regulations require that U.K. registered vessels operating within the fishery limits of the State have a crew consisting of at least 75 per cent nationals of Member States of the EEC resident in the U.K. (excluding nationals of those Member States) which are subject to transitional arrangements on free movement of their workers, subject to certain conditions.