S.I. No. 38/1977:

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION) ORDER, 1977.

SEA FISHERIES (CONSERVATION AND RATIONAL EXPLOITATION) ORDER, 1977.

I, PATRICK S. DONEGAN, Minister for Fisheries, being satisfied, having regard to the Treaty establishing the European Economic Community, signed at Rome on the 25th day of March, 1957, and the Treaty relating to the accession of Ireland to the European Economic Community and to the European Atomic Energy Community, signed at Brussels on the 22nd day of January, 1972, that it is necessary to do so, hereby, in exercise of the powers conferred on me by section 35 of the Fisheries (Amendment) Act, 1962 (No. 31 of 1962), 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. (1) This Order may be cited as the Sea Fisheries (Conservation and Rational Exploitation) Order, 1977.

(2) This Order shall come into operation on the 1st day of March, 1977.

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)).

3. (1) A sea-fishing boat shall not enter or remain in that portion of the exclusive fishery limits of the State which lies south of the parallel of 56° 30' north latitude, east of the meridian of 12° west longitude and north of the parallel of 56° 30' north latitude, except for a purpose recognised by international law.

(2) A person on a sea-fishing boat shall not fish or attempt to fish in the area referred to in paragraph (1) of this Article.

(3) (a) A sea-fishing boat in the area referred to in paragraph (1) of this Article shall not have fish on board unless the fishing for the fish was in accordance with law.

(b) It shall be for the person charged with an offence consisting of a contravention of subparagraph (a) of this paragraph to show, if it be the case, that the fishing for the fish to which the charge relates was in accordance with law.

(4) (a) A sea-fishing boat shall, when it is at any place within the area referred to in paragraph (1) of this Article keep stowed away, in the place and manner in which it is normally stowed for the boat's journey to its home port when it has completed its fishing for a voyage, any fishing gear capable of being stowed away.

(b) It shall be a defence for the person charged with an offence consisting of a contravention of subparagraph (a) of this paragraph to show that the reason any fishing gear to which the offence relates was not stowed away in accordance with the said subparagraph (a) was a reason other than a reason connected with fishing of a kind prohibited by law.

(5) This Article is subject to any further measures of conservation and rational exploitation of fisheries that may be prescribed and adopted under section 35 of the Fisheries (Amendment) Act, 1962 .

GIVEN under my Official Seal, this 16th day of February, 1977.

PATRICK S. DONEGAN,

Minister for Fisheries.

EXPLANATORY NOTE

This Order prohibits all fishing in the area designated in the Order and prescribes conditions to be observed by fishing vessels which enter the designated area for a lawful purpose.