S.I. No. 39/1934 - Sea-Fishing Boats (Order To Stop) Regulations 1934.

STATUTORY RULES AND ORDERS. 1934. No. 39.

SEA-FISHING BOATS (ORDER TO STOP) REGULATIONS 1934.

WHEREAS it is enacted by paragraph (h) of sub-section (1) of Section 7 of the Sea Fisheries Protection Act, 1933 (No. 53 of 1933), that every sea fisheries protection officer may for the purpose of exercising any of the powers conferred on him by any of the foregoing paragraphs of the said sub-section use such force as he may consider necessary, and in particular, if an order given by him to a sea-fishing boat in the manner prescribed by regulations made by the Minister for Lands and Fisheries under the said section to stop is disobeyed or disregarded, may, after first causing a gun to be fired as a signal, fire at or into such boat ;

AND WHEREAS it is enacted by sub-section (4) of the said Section 7 that the Minister for Lands and Fisheries may by order make regulations in relation to any thing referred to in the said Section 7 as prescribed by regulations made by the said Minister under the said Section 7 ;

NOW, THEREFORE, the Minister for Lands and Fisheries, in exercise of the powers conferred on him by Section 7 of the Sea Fisheries Protection Act, 1933 (No. 53 of 1933), and of every and any other power him in this behalf enabling, hereby orders and makes the following regulations, that is to say :—

1. These regulations may be cited for all purposes as the Sea-Fishing Boats (Order to Stop) Regulations, 1934.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these regulations in like manner as it applies to an Act of the Oireachtas.

3. —(1) For the purposes of paragraph (h) of subsection (1) of Section 7 of the Sea Fisheries Protection Act, 1933 (No. 53 of 1933), an order by a sea fisheries protection officer to a sea-fishing boat to stop shall be given in the following manner, that is to say—

(a) such sea fisheries protection officer shall—

(i) between sunrise and sunset, in case a distinguishing flag of the description specified in the Schedule hereto is not hoisted at the masthead of his vessel or, if there is more than one mast, at the foremasthead or on the triatic stay, first cause such distinguishing flag to be so hoisted, or

(ii) between sunset and sunrise, first cause a searchlight to be turned on such sea-fishing boat and a prolonged blast to be given on the steam whistle or siren of his vessel ;

(b) such sea fisheries protection officer shall then give or cause to be given, in accordance with paragraph (2) of this regulation, an order to stop ;

(c) if, after such last-mentioned order has been given, the sea-fishing boat to which it is directed does not immediately stop, such sea fisheries protection officer shall give or cause to be given, in accordance with paragraph (2) of this regulation, the order " heave to or I will open fire on you " ;

(2) For the purposes of paragraph (1) of this regulation an order to stop may be given—

(a) between sunrise and sunset, by any one or more of the following methods, that is to say—

(i) by flag signalling, a flag or flags of the International Code of Signals being used,

(ii) by sound signalling, the International Morse Code being employed,

(iii) by semaphore signalling, using hand flags,

(iv) by word of mouth ; or

(b) between sunset and sunrise, by either or both of the following methods, that is to say—

(i) by sound signalling, the International Morse Code being employed,

(ii) by word of mouth.

SCHEDULE.

A triangular flag quartered blue and yellow, of one of the sizes prescribed for the flags of the International Code of Signals, or larger, the length of the blue and yellow quarters next the mast being equal to half the height of the flag.

Given under my Seal of Office this Fifth day of March, 1934.

(Signed) JOSEPH CONNOLLY,

Minister for Lands and Fisheries.

N.B.—Skippers of fishing boats which may be affected by the above regulations should make themselves especially familiar with the following signals from the International Code :—