S.I. No. 266/1938 - Fish (Regulation of Import) (No. 2) Order, 1938.

STATUTORY RULES AND ORDERS. 1938. No. 266.

FISH (REGULATION OF IMPORT) (No. 2) ORDER, 1938.

The Minister for Agriculture, in exercise of the powers conferred on him by section 2 of the Agricultural Products (Regulation of Import) Act, 1938 (No. 14 of 1938), and of every and any other power him in this behalf enabling, hereby, after consultation with the Minister for Finance and the Minister for Industry and Commerce, orders as follows:—

1. This Order may be cited as the Fish (Regulation of Import) (No. 2) Order, 1938.

2. In this Order—

the expression "the Minister" means the Minister for Agriculture;

the expression "the United Kingdom" means the United Kingdom of Great Britain and Northern Ireland;

the word "fish" means fish (including filleted fish and parts of fish), which are either fresh or frozen but does not include shellfish.

3. It shall not be lawful to import on or after the 8th day of October, 1938, any fish unless—

(a) such fish have been taken by, and are landed in the State from, a fishing boat which is registered as such in the State under the Merchant Shipping Acts, 1894 to 1933, and which is owned by an Irish citizen or by a company registered in the State under the Companies Acts, 1908 to 1924, or by a Society registered in the State under the Industrial and Provident Societies Act, 1893, or

(b) such fish consist solely of herrings or mackerel or both herrings and mackerel which have been taken by, and are landed in the State from, a fishing boat registered as such in the United Kingdom under the Merchant Shipping Acts, or

(c) there is delivered to the proper officer of Customs and Excise at the time of importation a licence in that behalf issued by the Minister under this Order, and the quantity of fish so imported does not exceed the quantity importable under such licence, and the conditions attached to such licence are complied with.

4. (1) The Minister may, whenever and as often as he thinks fit, issue a licence to import a specified quantity of fish.

(2) Whenever the Minister issues a licence under this Order, he may attach to such licence any one or more of the following conditions, that is to say:—

(a) a condition that the fish to which such licence relates shall be of a specified description,

(b) a condition that such fish shall be imported within a specified time or during a specified period,

(c) a condition that such fish shall be imported from a specified country,

(d) a condition that such fish shall be imported at a specified port or place or by a specified route,

(e) a condition that such fish shall not be imported in more than a specified number of consignments,

(f) a condition that such fish shall be imported by or on behalf of a specified person,

(g) such other conditions as he thinks fit.

(3) The Minister may at any time revoke any licence issued under this Order.

5. Any person who imports or attempts to import any fish in contravention of this Order or who aids or abets the importation of any fish in contravention of this Order shall be guilty of an offence under this Order and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

6. The Fish (Regulation of Import) Order, 1938 (Statutory Rules and Orders No. 204 of 1938) is hereby revoked as on and from the 8th day of October, 1938.

Given under the Official Seal of the Minister for Agriculture this

30th day of September, 1938.

(Signed) SEÁN Ó BROIN,

Assistant Secretary,

Department of Agriculture.