S.I. No. 259/1977 - Sea Fisheries (Conservation and Rational Exploitation) (No. 5) Order, 1977.

S.I. No. 259 of 1977.

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION) (NO. 5) ORDER, 1977.

I, BRIAN LENIHAN, 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 Regulations (EEC) No. 1672/77 of 25 July, 1977¹, that it is necessary to do so, 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 at follows:

¹ OJ No. L186/27 of 26/7/77.

1. This Order may be cited as the Sea Fisheries (Conservation and Rational Exploitation) (No. 5) 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));

"the specified area" means that part of the exclusive fishery limits of the State that lies west of the meridian of 9° west longitude and south of the parallel of 54° 30’ north latitude, excluding that part of such fishery limits 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;

"the specified period" means the period commencing on the commencement of this Order and ending on the 31st day of August, 1977.

3. During the specified period fishing for herring in the specified area 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 specified area during such period.

4. (1) During the specified period—

( a ) a sea-fishing boat shall not have herring on board within the specified area, and

( b ) the master of a sea-fishing boat shall not cause or permit the boat or any person on board to have herring on board within the specified area,

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

(2) During the specified period a sea-fishing boat shall not land herring at any place within the specified area, 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 during such period.

(3) A person shall not sell, expose for sale or have in possession for the purposes of sale any herring taken or landed in contravention of this Order.

(4) 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.

5. In any proceedings in which a contravention of Article 4 of this Order is alleged it shall be a defence to prove that the herring to which the proceedings relate were either—

( a ) taken in the course of fishing for sprat and did not exceed 10 per cent by weight of the total catch so taken, or

( b ) taken in the course of fishing for species other than herring or sprat and did not exceed 5 per cent by weight of the total catch so taken.

GIVEN under my Official Seal, this 4th day of August, 1977.

BRIAN LENIHAN,

Minister for Fisheries.

EXPLANATORY NOTE.

This Order imposes a ban on herring fishing off the West and South-West coasts as specified up to and including 31 August 1977 as well as a ban on having herring on board a sea-fishing boat and on landing herrings on any landing place in the State that lies within the specified area. It also prohibits the sale, exposure for sale or having in possession for the purpose of sale anywhere in the State of herring taken or landed in the specified area and during the specified period.