ON A NATIONAL BASIS THE CONSERVATION MEASURES IN FORCE ON 31 JANUARY 1978 IN WATERS WITHIN THE UNITED KINGDOM ' S FISHERY LIMITS . AT THE REQUEST OF THE COMMISSION , THE GOVERNMENT OF THE UNITED KINGDOM SENT A LIST OF THOSE MEASURES ON 13 FEBRUARY 1978 . IN THAT LIST TWO MEASURES RELATING TO THE ISLE OF MAN AND NORTHERN IRISH SEA FISHERY AND A MEASURE RELATING TO THE NORWAY POUT BOX ARE MENTIONED ; THE LIST CONTAINS NO MEASURES RELATING TO THE MOURNE FISHERY .
5 IN JULY 1978 , THE GOVERNMENT OF THE UNITED KINGDOM GAVE NOTICE TO THE COMMISSION THAT IT INTENDED TO AMEND THE MEASURE RELATING TO THE NORWAY POUT BOX ; IN AUGUST , IT SOUGHT THE COMMISSION ' S APPROVAL FOR AN AMENDMENT TO THE ARRANGEMENTS APPLICABLE IN THE IRISH SEA ; FINALLY , IN SEPTEMBER , IT INFORMED THE COMMISSION OF THE DRAFT CONSERVATION MEASURES FOR THE MOURNE FISHERY . THE MEASURES ANNOUNCED BY THE BRITISH GOVERNMENT WERE IN FACT BROUGHT INTO FORCE IN SEPTEMBER 1978 . THE DETAILS OF THOSE PROVISIONS ARE SET OUT BELOW WITH REGARD TO EACH OF THE ZONES IN QUESTION .
6 BY LETTER OF 27 OCTOBER 1978 , THE COMMISSION INFORMED THE GOVERNMENT OF THE UNITED KINGDOM THAT IT CONSIDERED THAT THE MEASURES ADOPTED IN RESPECT OF THE THREE AREAS WERE IN BREACH OF COMMUNITY LAW IN VARIOUS RESPECTS . AFTER RECEIVING THE OBSERVATIONS OF THE UNITED KINGDOM , IT DELIVERED ON 17 JANUARY 1979 THE REASONED OPINION PROVIDED FOR IN ARTICLE 169 OF THE TREATY .
7 THE COMPLAINTS PUT FORWARD BY THE COMMISSION MAY BE SUMMARIZED AS FOLLOWS :
( A ) WITH REGARD TO THE MOURNE FISHERY , THE COMMISSION COMPLAINS THAT THE UNITED KINGDOM LEFT UNPROTECTED FOR MOST OF 1978 A HERRING STOCK IN DANGER OF EXTINCTION , FAILED IN ITS DUTIES OF CONSULTATION LAID DOWN BY COMMUNITY LAW IN RESPECT OF THE PROTECTIVE MEASURES ADOPTED , BELATEDLY , IN SEPTEMBER 1978 , AND COUPLED THOSE MEASURES WITH AN EXCEPTION FOR COASTAL FISHING IN A ZONE OF NORTHERN IRELAND WHICH WAS DIRECTLY CONTRARY TO CONSERVATION NEEDS AND WAS , MOREOVER , GRANTED IN CONDITIONS DISCRIMINATING AGAINST THE FISHERMEN OF THE OTHER MEMBER STATES ;
( B ) WITH REGARD TO THE ISLE OF MAN AND NORTHERN IRISH SEA FISHERY , THE COMMISSION COMPLAINS THAT THE UNITED KINGDOM APPLIED UNILATERALLY , BOTH IN 1977 AND 1978 , A SYSTEM OF FISHING LICENCES WITH REGARD TO WHICH THERE WAS NO APPROPRIATE CONSULTATION AND THE DETAILED RULES FOR THE APPLICATION OF WHICH WERE SUCH AS TO EXCLUDE FROM THE FISHING ZONE IN QUESTION FISHERMEN FROM THE OTHER MEMBER STATES AND , MORE PARTICULARLY , IRISH FISHERMEN WHO TRADITIONALLY FISHED IN THOSE WATERS ;
( C ) WITH REGARD TO THE NORWAY POUT BOX , THE COMMISSION COMPLAINS THAT THE UNITED KINGDOM UNILATERALLY EXTENDED THE EASTERN LIMITS OF THAT BOX BY 2* LONGITUDE WITHOUT HAVING SHOWN THE JUSTIFICATION FOR THAT MEASURE AS A NECESSARY AND URGENT