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S.I. No. 212/1979 - Sea Fisheries (Conservation and Rational Exploitation) Order, 1979.

S.I. No. 212 of 1979.

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION) ORDER, 1979.

I, BRIAN LENIHAN, Minister for Fisheries and Forestry, in exercise of the powers conferred on me by section 223A (inserted by the Fisheries (Amendment) Act, 1978 (No. 18 of 1978)) 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 Fisheries (Alteration of Name of Department and Title of Minister) Order, 1978 ( S.I. No. 195 of 1978 )) hereby order as follows:

1. (1) This Order may be cited as the Sea Fisheries (Conservation and Rational Exploitation) Order, 1979.

(2) This Order shall come into operation on the 27th day of June, 1979.

2. In this Order—

"baseline" means the baseline referred to in section 4 of the Maritime Jurisdiction Act, 1959 (No. 22 of 1959);

"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—

( a ) that part of the exclusive fishery limits of the State that lies east of the meridian of 9° west longitude and south of the parallel of 52° 30' north latitude, and

( b ) that part of the Irish Sea that is within the exclusive fishery limits of the State, that lies within twelve nautical miles seaward of the baseline and is north of the parallel of 53° north latitude.

3. 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.

4. (1) ( 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) 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.

6. The Sea Fisheries (Conservation and Rational Exploitation) Order, 1978 ( S.I. No. 25 of 1978 ), is hereby revoked.

GIVEN under my Official Seal, this 20th day of June, 1979.

BRIAN LENIHAN.

Minister for Fisheries and Forestry.

EXPLANATORY NOTE.

The Order replaces the Sea Fisheries (Conservation and Rational Exploitation) Order, 1978 ( S.I. No. 25 of 1978 ). It continues the ban on herring fishing in the Celtic Sea contained in that Order and extends the area in the north Irish Sea in which fishing for herring is prohibited.