S.I. No. 328/1981 - Sea Fisheries (Conservation and Rational Exploitation) (No. 2) Order, 1981.

I, TOM FITZPATRICK, Minister for Fisheries and forestry, in exercise of the powers conferred on me by section 233A (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. This Order may be cited as the Sea Fisheries (Conservation and Rational Exploitation) (No. 2) Order, 1981.

2. The Sea Fisheries (Conservation and Rational Exploitation) Order, 1979 ( S.I. No. 212 of 1979 ), is hereby amended by:—

(a) the substitution of the following Article for Article 3:

“3 (a) Fishing for herring in the specified area 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.

(b) The prohibition of fishing for herring in paragraph (a) of this Article shall not apply:

(i) where such fishing is carried out using drift nets having meshes through the smallest mesh of which a flat gauge 2 millimetres thick which and 54 millimetres wide will pass easily when the net is stretched diagonally length-wise of the net when the net is wet, and

(ii) the fishing boat concerned—

(I)  does not exceed 40 feet in registered length, is owned by an Irish citizen and is engaged in fishing in those parts of the specified area referred to in paragraph (b) of the definition of “the specified area”, or

(II) does not exceed 40 feet in registered length, is owned by a citizen of the United Kingdom of Great Britain and Northern Ireland and is engaged in fishing in that part of the Irish Sea that is within the exclusive fishery limits of the State, is outside a line every point of which is at a distance of six nautical miles from the baseline and is north of the parallel of 53° north latitude, or

(III) does not exceed 50 feet in registered length and is normally based in the county of Waterford and in those parts of the counties of Wexford and Cork that are between Cahore Point in the county of Wexford and the Courtmacsherry in the county of Cork and the fishery is carried out on or after the 1st day of October 1981 and under and in accordance with a licence granted under this Order and is engaged in fishing in that part of the specified area referred to in paragraph (a) of the definition of “the specified area”.

(b) the insertion of the following Article after Article 5:

“5 A (a) The Minister shall, upon the application of any person who is the owner, charterer or hirer of a sea fishing boat to which Article 3 (b) (ii) (III) of this Order relates and upon being furnished by the person with any information which the Minister may reasonably require in relation to the application, grant to the person a licence authorising the fishing for herring in the specified area from the boat during such period as may be specified in the licence during which the person is the owner, charterer or hirer of the boat.

(b) A licence under this Article shall be subject to such conditions (if any) as the Minister thinks fit and specified in the licence and may, without prejudice to the generality of the foregoing, include conditions—

(i)   restricting the quantity of herring that may be taken, landed or transhipped in a specified period or periods,

(ii)  prohibiting the landing or transhipment of herring other than at specified places,

(iii) requiring the keeping by the skipper of the boat concerned of specified records in relation to the boat's activities, and

(iv) providing for inspection of the boat by an officer of the Minister.

(c) The Minister may, if he is satisfied that there has been a contravention of a licence under this Article, revoke the licence.”

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order allows boats under 40 feet in registered length to fish for herring in that part of the Irish Sea which is north of the parallel of 53° .00” and within twelve miles from the baseline provided such fishing is carried out using drift nets with meshes of not less than 54 mm diagonal measurement; it also provides for the licensing of boats under 50 feet in registered length which are normally based at ports between Cahore Point, Co. Wexford and Courtmacsherry, Co. Cork, to fish for herring in the Celtic Sea.