Sea Fisheries (Driftnets) Order, 1998

• Jurisdiction: Ireland
• Year: 1998
• Citation: IR SI 267/1998

S.I. No. 267 of 1998.

SEA FISHERIES (DRIFTNETS) ORDER, 1998.

I, MICHAEL WOODS, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by Section 223A (inserted by Section 9 of the Fisheries (Amendment) Act, 1978 (No. 18 of 1978), and amended by Section 4 of the Fisheries (Amendment) Act, 1983 (No. 27 of 1983)) 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 Marine (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 301 of 1997 )), for the purpose of giving effect to Council Regulation (EC) No. 1239/98 of 8 June, 19981, hereby order as follows:

1O.J. No. L171, 17.6.89, p.1. 1. This Order may be cited as the Sea Fisheries (Driftnets) Order, 1998. 2. In this Order—

"the Annex" means Annex VIII to the Council Regulation;

"the Council Regulation" means Council Regulation (EC) No. 894/97 of 29 April, 19972, as amended by Council Regulation (EC) No. 1239/98 of 8 June, 19981, and any future regulation of the Council of the European Union made after the making of this Order which amends, extends, replaces or consolidates (with or without modifications) the Council Regulation (as defined herein);

2O.J. No. L132, 23.5.97, p.1.

"driftnets" means a wall of netting used in fishing, which is free to move according to tide and wind conditions;

"the Minister" means the Minister for the Marine and Natural Resources. 3. (1) Subject to Article 4 of this Order, the master of an Irish sea-fishing boat shall comply with Articles 11, 11a and 11b of the Council Regulation.

(2) Subject to Article 4 of this Order, the master, owner, charterer or hirer of an Irish sea-fishing boat shall not cause or permit a person on board the boat to fail to comply with Articles 11, 11a or 11b of the Council Regulation.

(3) Subject to Article 5 of this Order, the master of a foreign sea-fishing boat, in the exclusive fishing limits of the State, shall comply with Articles 11, 11a and 11b of the Council Regulation.

(4) Subject to Article 5 of this Order, the master, owner, charterer or hirer of a foreign sea-fishing boat shall not cause or permit a person on board the boat, in the exclusive fishery limits of the State, to fail to comply with Articles 11, 11a or 11b of the Council Regulation. 4. (1) The holder of an authorisation granted under Article 6 of this Order may, keep on board an Irish sea-fishing boat to which the authorisation relates, or use for fishing from the boat, one or more driftnets whose individual or total length is not more than 2.5 kilometres, intended for the capture of species listed in the Annex, or cause or permit such a boat or any person to keep on board, or use...