S.I. No. 232/1977:

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION) (NO. 3) ORDER, 1977.

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION) (NO. 3) 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 18th February, 1977, ¹ 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.

1. (1) This Order may be cited as the Sea Fisheries (Conservation and Rational Exploitation) (No. 3) Order, 1977.

(2) This Order shall come into operation on the 14th day of July, 1977.

2. In this Order--

"factory ship" means any ship, boat or other vessel of whatsoever kind that carries out fish-processing operations other than or in addition to salting, boiling of shrimps, filleting, freezing and reducing offal or unavoidable by-catches;

"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. Fishing for herring in 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 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 fishing in the part aforesaid of the exclusive fishery limits of the State.

4. A factory ship shall not enter or remain in any part of the exclusive fishery limits of the State except for a purpose recognised by international law and the master of a factory ship shall not cause or permit the ship to enter or remain in any part of the exclusive fishery limits of the State except for a purpose recognised by international law.

5. (1) A sea-fishing boat shall not have herring on board at any place in 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 the master of a sea-fishing boat shall not cause or permit the boat or any person on board to have herring on board at any such place as aforesaid, unless, in each case the fishing for the herring did not contravene Article 3 of this Order.

(2) A sea-fishing boat shall not land herring at any place in the State that lies east of the meridian of 9° west longitude and south of the parallel of 52° 30' 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.

(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 in that part of the Celtic Sea within the exclusive fishery limits of the State, viz. off the South and South-East coasts as well as a ban on having herring on board a sea-fishing boat and on landing herring within the area where herring fishing is prohibited. It also prohibits certain types of factory ships from entering or remaining in the exclusive fishery limits of the State except for a lawful purpose.