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  4. S.I. No. 243/1978 - Sea Fisheries (Conservation and Rational Exploitation) (No. 5) Order, 1978.

S.I. No. 243/1978 - Sea Fisheries (Conservation and Rational Exploitation) (No. 5) Order, 1978.

S.I. No. 243 of 1978.

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION) (NO. 5) ORDER, 1978.

I, BRIAN LENIHAN, Minister for Fisheries and Forestry, in exercise of the powers conferred on me by section 223A of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959), as amended by the Fisheries (Amendment) Act, 1978 (No. 18 of 1978), and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1977 ( S.I. No. 30 of 1977 ) (as adapted by the Fisheries (Alteration of Name of Department and Title of Minister) Order, 1978 ( S.I. No. 195 of 1978 )), hereby order as follows:

1. (1) This Order may be cited as the Sea Fisheries (Conservation and Rational Exploitation) (No. 5) Order, 1978.

(2) This Order shall come into operation on the 18th day of September, 1978.

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 and shelling of prawns and shrimps, filleting, freezing and reducing offal or unavoidable by-catches;

"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)).

3. A factory ship shall not enter or remain in any part of the exclusive fishery limits of the State except for a purpose recognized 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.

4. A person shall not fish for salmon on the seaward side of a line drawn 12 nautical miles seaward of the baseline.

5. A sea-fishing boat exceeding 50 gross registered tons or having a main engine or engines the total brake horse power of which exceeds 300 brake horsepower shall not fish for sole or plaice on the landward side of a line drawn 12 nautical miles seaward of the baseline with a beam trawl or any other trawl specifically arranged for catching flat fish.

6. In any proceedings in respect of a contravention of Article 5 of this Order it shall be a defence to prove—

( a ) that any trawl to which the proceedings relate was lashed and stowed in such a way that it could not readily be used, or

( b ) that the sea-fishing boat concerned was fishing for species of fish other than sole or plaice and the quantity of sole and plaice on board did not exceed 10 per cent. by weight of the total catch on board.

7. Subject to Article 8 of this Order, a person shall not land anywhere in the State any mackerel (scomber scombrus) of a length of less than 30 centimetres measured from the tip of the snout to the end of the tail fin.

8. Notwithstanding the prohibition contained in Article 7 of this Order, mackerel of less than the size specified in Article 7 may be landed in the State if—

( a ) they are landed for the purpose of human consumption, or

( b ) they are landed for a purpose other than human consumption and the total amount of such mackerel in the catch on board the boat concerned (or a representative sample thereof) after sorting or in the hold or on landing or both does not exceed 20 per cent. by weight of the total amount of mackerel in the said catch or sample, as the case may be.

9. Subject to Article 10 of this Order, a person shall not land anywhere in the State any herring (clupea harengus) of a length of less than 20 centimetres measured from the tip of the snout to the end of the tail fin.

10. Notwithstanding the prohibition contained in Article 9 of this Order, herring of less than the size specified in Article 9 may be landed if the total amount of such herring in the catch on board the boat concerned (or a representative sample thereof) after sorting or in the hold or on landing or both does not exceed 10 per cent. by weight of the total amount of herring in the said catch or sample as the case may be.

11. A sample under Articles 8 and 10 shall—

( a ) be selected by a sea fisheries protection officer,

( b ) comprise a quantity of not less than 100 kilograms in weight, and

( c ) be deemed to be a fair sample until the contrary is proved.

12. The Control of Fishing for Salmon at Sea (Amendment) Order, 1975 ( S.I. No. 303 of 1975 ), the Industrial Fishing for Mackerel (Minimum Size) Order, 1976 ( S.I. No. 167 of 1976 ), and the Herring Fishing (Minimum Size) Order, 1976 ( S.I. No. 169 of 1976 ), are hereby revoked.

GIVEN under my Official Seal, this 28th day of August, 1978.

BRIAN LENIHAN,

Minister for Fisheries and Forestry.

EXPLANATORY NOTE.

This Order imposes a ban on the entry of certain factory ships within the State's exclusive fishery limits except for a purpose recognised by International law, prohibits salmon fishing outside 12 nautical miles from baselines and fishing for sole or plaice inside this 12 mile limit by vessels exceeding 50 gross registered tons or 300 brake horsepower.

The Order also prescribes minimum lengths for mackerel and herring and prohibits the landing of undersized mackerel for purposes other than human consumption and of all undersized herring.