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S.I. No. 187/1978 - Sea Fisheries (Conservation and Rational Exploitation) (No. 3) Order, 1978.

S.I. No. 187 of 1978.

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION) (NO. 3) ORDER, 1978.

I, BRIAN LENIHAN, Minister for Fisheries, 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 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 shall be cited as the Sea Fisheries (Conservation and Rational Exploitation) (No. 3) Order, 1978.

2. In this Order—

"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)) and registered in a member State of the European Economic Community;

"the specified area" means—

( a ) that part of the exclusive fishery limits of the State that lies east of the meridian of 12° west longitude and north of the parallel of 54° 30' north latitude, and

( b ) that part of the exclusive fishery limits of the State 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.

3. During the period between the commencement of this Order and the 30th day of September, 1978, fishing for herring in the specified area by a sea-fishing boat 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) During the period between the commencement of this Order and the 30th day of September, 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 in waters outside the specified area.

(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.

GIVEN under my Official Seal, this 7th day of July, 1978.

BRIAN LENIHAN,

Minister for Fisheries.

EXPLANATORY NOTE.

This Order imposes a ban on direct herring fishing off the North-West coast as defined up to and including the 30th September, 1978 as well as a ban on having herring on board a sea-fishing boat within the defined area.