S.I. No. 210/1976:

FISHING NETS (REGULATION OF MESH) ORDER, 1976.

FISHING NETS (REGULATION OF MESH) ORDER, 1976.

I, MICHAEL PAT MURPHY, Parliamentary Secretary to the Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by Sections 226 and 230 of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959), and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1965 ( S.I. No. 83 of 1965 ) (as adapted by the Agriculture (Alteration of Name of Department and Title of Minister) Order, 1965) ( S.I. No. 146 of 1965 )), and the Fisheries (Delegation of Ministerial Functions) Order, 1973 ( S.I. No. 93 of 1973 ), hereby order as follows:

1. This Order may be cited as the Fishing Nets (Regulation of Mesh) Order, 1976.

2. This Order shall come into operation on the 1st day of October, 1976.

3. This Order applies to all waters which are situated within those parts of the Atlantic Ocean and its dependent seas which are bounded by lines drawn:--

( a ) from a point on the north coast of Scotland at the meridian of 4° west longitude due north to the parallel of 60° 30' north latitude, thence due west to the meridian of 5° west longitude, thence due south to the parallel of 60° north latitude, thence due west to the meridian of 18° west longitude, thence due south to the parallel of 48° north latitude, thence due east to the coast of France; and

( b ) at the parallel of 51° north latitude from a point on the coast of France due west to a point on the south coast of England.

4. (1) Except as hereinafter provided it shall not be lawful to carry on board--

( a ) any Irish sea-fishing boat in the waters to which this Order applies, or

( b ) any foreign sea-fishing boat in such of those waters as lie within the exclusive fishery limits of the State, any net for the purpose of fishing for sea-fish unless it has in all its parts meshes of such dimensions that, when any mesh is stretched diagonally length-wise of the net, a flat gauge 2 millimetres thick and of the appropriate width will pass easily through the mesh, whether the net is wet or dry.

(2) For the purpose of this Article the appropriate width of the gauge shall be:--

( a ) 70 millimetres in the case of any seine net or such part of any trawl net as is made of single twine and does not contain manila or sisal;

( b ) 75 millimetres in the case of such part of any trawl net as is made of double twine and does not contain manila or sisal;

( c ) 80 millimetres in the case of such part of any trawl net as is made of manila or sisal.

5. In any proceedings in respect of a contravention of Article 4 of this Order, it shall be sufficient defence to prove that the net to which the proceedings relate--

( a ) had in no part of its cod-end any mesh of a dimension greater than the dimension of the smallest mesh through which, when streched diagonally length-wise of the net, a flat gauge 2 millimetres thick and 50 millimetres in width would pass easily, whether the net was wet or dry; and

( b ) (i) was being carried solely for the purpose of fishing for Blue whiting (Trisopterus poutassou) ( other than in the waters which lie south of the parallel of 52° 30' north latitude and west of the meridian of 7° west longitude), herrings (Clupea harengus), mackerel (Scomber scomber), Horse mackerel (Trachurus trachurus), Sprat (Clupea sprattus), Norway pout (Trisopterus esmarkii), Silver smelts (Argentina sp), Prawns (Pandalus spp), Shrimps (Crangon spp), Eels, Great weevers (Trachinus draco) or Molluscs, and had, in none of its parts, any mesh of a dimension less than the dimension of the smallest mesh through which, when stretched diagonally length-wise of the net, a flat gauge 2 millimetres thick and 16 millimetres wide would pass easily, whether the net was wet or dry; or

(ii) was being carried solely for the purpose of fishing for Nephrops and had, in none of its parts, any mesh of a dimension less than the dimension of the smallest mesh through which, when stretched diagonally length-wise of the net, a flat gauge 2 millimetres thick and 40 millimetres wide would pass easily, whether the net was wet or dry.

6. The Fishing Nets (Regulation of Mesh) Order, 1965 ( S.I. No. 16 of 1965 ), is hereby revoked.

GIVEN under my hand this 16th day of September, 1976.

MICHAEL PAT MURPHY,

Parliamentary Secretary to the Minister

for Agriculture and Fisheries.

EXPLANATORY NOTE.

This Order prescribes minimum sizes for meshes of trawl and seine nets used in sea-fishing.