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S.I. No. 233/1977 - Sea Fisheries (Conservation and Rational Exploitation) (No. 4) Order, 1977.

S.I. No. 233 of 1977.

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION) (NO. 4) ORDER, 1977.

I, BRIAN Ó LUINEACHÁIN, 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. 350/77 of 18 February, 19771 as amended by Council Regulation (EEC) No. 1057/77 of 17 May, 1977,2 and Council Regulation (EEC) No. 1417/77 of 28 June, 1977,3 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, 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. L48/28 of 19.2.77.

2 OJ No. L128/5 of 24.5.77.

3 OJ No. L160/20 of 30.6.77.

1. This Order may be cited as the Sea Fisheries (Conservation and Rational Exploitation) (No. 4) Order, 1977.

2. In this Order, "sea-fishing boat" means any ship, boat or other vessel of whatsoever kind used for sea-fishing (within the meaning of Part XIII of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959)).

3. During the period between the commencement of this Order and the 20th day of July, 1977, fishing for herring in—

( a ) that part of the exclusive fishery limits of the State that lies east of the meridian of 12° west longitude and north of the parallel of 54° 30' north latitude, and

( b ) that part of the exclusive fishery limits of the State that lies east of the meridian of 10° west longitude, south of the parallel of 54° 30' north latitude and north of a line running due east through Erris Head to high water mark on the coast of the mainland and thence along high-water mark to the point where such mark is intersected by the parallel of 54° 30' north latitude,

is hereby prohibited and the master of a sea-fishing boat shall not cause or permit the boat or any person on board to engage in such fishing in the parts aforesaid of the exclusive fishery limits of the State during the period aforesaid.

4. (1) ( a ) During the period between the commencement of this Order and the 20th day of July, 1977—

(i) a sea-fishing boat to which this subparagraph applies shall not have herring on board, and

(ii) the master of a sea-fishing boat to which this subparagraph applies shall not cause or permit the boat or any person on board to have herring on board,

unless, in each case, the fishing for the herring did not contravene Article 3 (2) of this Order.

( b ) In subparagraph (a) of this paragraph "a sea-fishing boat to which this subparagraph applies" means a sea-fishing boat that is in—

(i) that part of the exclusive fishery limits of the State that lies east of the meridian of 12° west longitude and north of the parallel of 54° 30' north latitude, or

(ii) that part of the exclusive fishery limits of the State that lies east of the meridian of 10° west longitude, south of the parallel of 54° 30' north latitude and north of a line running east through Erris Head to high-water mark on the coast of the mainland and thence along high-water mark to the point where such mark is intersected by the parallel of 54° 30' north latitude.

(2) During the period between the commencement of this Order and the 20th day of July, 1977, a sea-fishing boat shall not land herring at any place in the State that lies east of the meridian of 9° 52' west longtitude and north of the parallel of 54° 7' north latitude, and the master of a sea-fishing boat shall not cause or permit the boat or any person on board to land herring at any such place as aforesaid during the period aforesaid.

(3) 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.

GIVEN under my Official Seal, this 13th day of July, 1977.

BRIAN Ó LUINEACHÁIN,

Minister for Fisheries.

EXPLANATORY NOTE.

This Order imposes a ban on herring fishing off the North-West coast as defined up to and including the 20th July, 1977, as well as a ban on having herring on board a sea-fishing boat and on landing herring within prescribed parts of the area where herring fishing is prohibited.