S.I. No. 339/1981 - Mackerel Fishing (Licensing) Order, 1981.

I, TOM FITZPATRICK, 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. This Order may be cited as the Mackerel Fishing (Licensing) Order, 1981 and shall come into operation on the 1st day of October, 1981.

2. In this Order “registered length” in relation to a boat means the distance from the forepart of the stem to the aft side of the head of the sternpost.

3. During the period beginning on the commencement of this Order and ending on the 1st day of January, 1982, a person shall not, except under and in accordance with a licence under this Order, fish for mackerel within the exclusive fishery limits of the State from a sea-fishing boat exceeding 55 feet in registered length and registered in the State, or cause or permit such a boat or any person on board it to engage in fishing for mackerel within those limits.

4. A licence under this Order may be granted by the Minister on receipt of an application for such a licence made by or on behalf of the owner, charterer or hirer of a sea-fishing boat exceeding 55 feet in registered length, and the application shall contain such particulars as the Minister may require.

5.(1) A licence under this Order may be granted for a specified period and subject to specified conditions, including a restriction on the quantity of mackerel which may be taken, landed or transhipped per day or otherwise by a specified size of boat during the period of validity of the licence, the restriction of landing or transhipment to specified areas and the keeping of specified records in relation to the boat's activities and the inspection of the boat by officers of the Minister.

(2) In this paragraph “specified” means specified in the relevant licence under this Order.

6. The Minister may revoke a licence under this Order where he is satisfied that a contravention of a condition attached to the licence has taken place on board the boat to which the licence relates.

EXPLANATORY NOTE.

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

This Order prohibits fishing for mackerel by vessels exceeding 55 feet in registered length within the exclusive fishery limits of the State during the specified period except under licence issued by the Minister for Fisheries and Forestry.