S.I. No. 218/1978 - Sea Fisheries (Conservation and Rational Exploitation) (No. 4) Order, 1978.

S.I. No. 218 of 1978.

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION) (No. 4) ORDER, 1978.

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. This Order may be cited as the Sea Fisheries (Conservation and Rational Exploitation) (No. 4) Order, 1978.

2. (1) In this Order—

"sea-fishing boat" means any ship, boat or other vessel of whatsoever kind that is used for sea-fishing (within the meaning of Part XIII of the Fisheries (Consolidation) Act 1959 (No. 14 of 1959)), is of a length of or exceeding 12 metres between perpendiculars, 42 feet registered length or 13.75 metres overall and is registered in a member State of the European Economic Community;

"the specified area" means that part of ICES division VIIb,c defined by the International Council for the Exploration of the Sea (Donegal Bay excepted) that is within the exclusive fishery limits of the State, that is to say, that part of those fishery limits that lies west of the meridian of 8° west longitude, north of the parallel of 52°30’ north latitude and south of the parallel of 54°30’ north latitude, but excluding that part of those 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.

(2) The references to a number of days in paragraph 6 of the Annexes referred to in Article 3(1) of this Order shall be construed as references to a number of consecutive days beginning with the day on which the boat concerned commences to fish for herring in the specified area.

3. (1) During the period between the commencement of this Order and the 31st day of December, 1978—

( a ) fishing for herring in the specified area by a sea-fishing boat is hereby prohibited, and

( b ) 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,

unless the fishing is conducted under the terms and conditions of the fishing plans laid down in Annexes I and II (the terms of which are set out in the Schedule to this Order) of the proposal of the Commission of the European Communities for a Council Regulation establishing Community fishing plans for directed herring fishing in certain zones (being the proposal referred to in the Commission Recommendation of 30 June, 1978, relating to the directed herring fishing in maritime zones west of Ireland).

(2) The Minister may by notice published in Iris Oifigiúil substitute one or more different vessels for one or more vessels in either or both of the lists of vessels in the Annexes referred to in paragraph (1) of this Article or add one or more vessels to either or both of the said lists and, where a notice under this paragraph is published in Iris Oifigiúil, the said Annexes shall have effect with and subject to the substitutions specified in the notice.

4. (1) During the period between the commencement of this Order and the 31st day of December, 1978—

( 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 herring were taken under the terms and conditions of the fishing plans referred to in 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 herring to which the charge relates were taken in waters outside the specified area.

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.

SCHEDULE

ANNEX I.

1. Vessels authorized to fish directly for herring in ICES division VII b,c (Donegal Bay excepted)

(see attached list of 80 vessels)

2. No vessels exceeding 24 metres (*) between perpendiculars shall fish directly for herring in ICES division VII b, c (Donegal Bay excepted) east of a line determined by the following geographical coordinates:

3. Maximum number of vessels over 24 metres (*) between perpendiculars authorized to be present at any one time in ICES division VII b,c (Donegal Bay excepted):

4 vessels

4. Without prejudice to the requirement not to exceed a total annual quota for 1978 of 10000 tonnes the authorized catch for vessels listed under 1 shall be:

5. Authorized total fishing days for vessels listed under 1:

150 days—from 1 July to 31 August

1750 days—from 1 September to 31 December

6. Maximum days of directed fishing for herring for each vessel listed under 1 on any voyage:

5 days

7. Maximum authorized catch per vessel on any voyage: 25 tonnes

*Estimated length, vessel not yet registered.

ANNEX II.

1. Vessels authorized to fish directly for herring in ICES division VII b, c (Donegal Bay excepted):

(see attached list of 44 vessels)

2. No vessels exceeding 24 metres (*) between perpendiculars shall fish directly for herring in ICES division VII b, c (Donegal Bay excepted) east of a line determined by the following geographical coordinates:

3. Maximum number of vessels over 24 metres (*) between perpendiculars authorized to be present at any one time in ICES division VII b, c (Donegal Bay excepted)

15 vessels

4. Without prejudice to the requirement not to exceed a total annual quota of 4000 tonnes the authorized catch for vessels listed under 1 is fixed at:

4,000 tonnes for the period 1 July to 15 October (†)

nil for the period 16 October to 31 December

5. Authorized total fishing days for vessels listed under 1:

1000 days from 1 July to 15 October

nil from 16 October to 31 December

6. Maximum days of directed fishing for herring for each vessel listed under 1 on any voyage: 5 days

7. Maximum authorized catch per vessel on any voyage: 25 tonnes

(*) 24 metres between perpendiculars shall be deemed to be equal to 84 feet registered length or 27.5 metres overall length.

(†) By-catch of herring taken in the course of fishing for other species in ICES division VII b,c (Donegal Bay excepted) shall be deducted from this quantity. (the by-catch of herring is an amount not exceeding 10 per cent. by weight of the total catch taken in the course of fishing for sprat and an amount not exceeding 5 per cent by weight of the total catch taken in the course of fishing for species other than herring or sprat).

GIVEN under my Official Seal, this 27th day of July, 1978.

X BRIAN LENIHAN.

Minister for Fisheries and Forestry.

EXPLANATORY NOTE.

This Order imposes a ban on direct herring fishing in the area specified in the Order up to and including the 31st December, 1978 save as provided for in fishing plans which are set out in the Order.

The area referred to in this Order as "the specified area" is that part of ICES division VII b, c (Donegal Bay excepted) that is within the part of the exclusive fishery limits of the State that is specified in Article 2(1) of the Order.