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S.I. No. 420/1979 - Sea Fisheries (Conservation and Rational Exploitation) (No. 2) Order, 1979.

S.I. No. 420 of 1979.

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION) (NO. 2) ORDER, 1979.

I, PATRICK POWER, Minister for Fisheries and Forestry, 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 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. 2) Order, 1979.

(2) This Order shall come into operation on the 1st day of January, 1980.

2. The Sea Fisheries (Conservation and Rational Exploitation) Order, 1979 ( S.I. No. 212 of 1979 ), is hereby amended by the substitution of the following Article for Article 5—

"5. (1) In any proceedings in which a contravention of Article 4 of this Order is alleged to have taken place in that part of the Irish Sea that is within the exclusive fishery limits of the State, that lies within twelve nautical miles seaward of the baseline and is north of the parallel of 53° north latitude, it shall be a defence to prove that the herring to which the proceedings relate were—

( 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.

5. (2) In any proceedings in which a contravention of Article 4 of this Order is alleged to have taken place in that part of the exclusive fishery limits of the State that lies east of the meridian of9 degrees west longitude and south of the parallel of 52 degrees 30 minutes north latitude, it shall be a defence to prove that the herrings to which the proceedings relate were taken in the course of fishing for any species other than herring, mackerel or sprat and did not exceed 5 per cent. by weight of the total catch so taken. ".

GIVEN under my Official Seal, this 21st day of December, 1979.

PATRICK POWER,

Minister for Fisheries & Forestry.

EXPLANATORY NOTE

This Order amends the Sea Fisheries (Conservation and Rational Exploitation) Order, 1979 ( S.I. No. 212 of 1979 ) in relation to by-catches of herring taken in the Celtic Sea.