S.I. No. 163/1978:

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION) (NO. 2) ORDER, 1978.

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION) (NO. 2) ORDER, 1978.

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, 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 as follows:

1. This Order may be cited as the Sea Fisheries (Conservation and Rational Exploitation) (No. 2) Order, 1978.

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 that part of the exclusive fishery limits of the State outside a line drawn six nautical miles seaward of the baseline that lies west of the meridian of 9° west longitude and south of the parallel of 52° 30' 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.

GIVEN under my Official Seal this 16th day of June, 1978.

BRIAN LENIHAN.

Minister for Fisheries.

EXPLANATORY NOTE.

This Order imposes a ban on herring fishing off the south west coast in the specified area as well as a prohibition on the having on board a fishing vessel of herring in the area to which the ban applies.