S.I. No. 97/1983:

CONTROL OF FISHING FOR MACKEREL ORDER, 1983.

CONTROL OF FISHING FOR MACKEREL ORDER, 1983.

I, PADDY O'TOOLE, 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 Control of Fishing for Mackerel Order, 1983, and shall come into operation on the 22nd day of April, 1983.

2. In this Order-- "length", in relation to a boat, means the distance from the forepart of the stem of the boat to the aft side of the head of the sternpost of the boat.

3. During the period beginning on the commencement of this Order and ending on the 29th day of February, 1984, 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 an Irish sea-fishing boat exceeding 55 feet in length or cause or permit such a boat or any person on board it to engage in fishing for mackerel within those limits.

4. ( a ) The Minister shall, upon the application of any person who is the owner, charterer or hirer of an Irish sea-fishing boat exceeding 55 feet in length 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 mackerel within the exclusive fishery limits of the State from the boat during such period as may be specified in the licence: provided however, that the licence shall not authorise any such fishing during a period when the person is not 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 specifies in the licence and may, without prejudice to the generality of the foregoing, include conditions--

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

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

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

(iv) providing for entering, and inspection of the boat and inspection of any records kept on the boat in relation to the boat whether pursuant to the licence or otherwise by an officer of the Minister and for the taking of copies of any such records by the officer.

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

( d ) Where an application for a licence under this Article is made by a person who has previously held a licence under this Article that was revoked by the Minister, the Minister may, if he so thinks fit refuse to grant the licence to the person.

5. A person to whom a licence under this Order is granted shall not contravene a condition of the licence or cause or permit such a contravention or obstruct or interfere with an officer of the Minister in the performance of his functions under the licence or cause or permit such obstruction or interference.

GIVEN under my Official Seal, this 8th day of April, 1983.

PADDY O'TOOLE,

Minister for Fisheries and Forestry.

EXPLANATORY NOTE.

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