PROVIDES THAT THE MINISTER FOR GREENLAND OR THE LOCAL AUTHORITIES SPECIFICALLY AUTHORIZED BY HIM MAY ADOPT MEASURES FOR THE PROTECTION OF CERTAIN SPECIES OF ANIMALS AND FISH . THAT PROVISION CONTAINS EXAMPLES OF SUCH CONSERVATION MEASURES , INCLUDING THE LIMITATION AND ALLOCATION OF CATCHES , IN PARTICULAR THE ALLOCATION OF NATIONAL QUOTAS AND FISHING ACTIVITIES .
5 ARTICLE 5 OF ORDER NO 88 PROVIDES THAT CATCHES OF SHRIMPS IN OPEN WATERS SURROUNDING THE COAST IN SUB-AREAS 0 + 1 , DEFINED BY THE INTERNATIONAL CONVENTION FOR THE NORTH-WEST ATLANTIC FISHERIES ( HEREINAFTER REFERRED TO AS ' ' THE CONVENTION ' ' ) MAY NOT EXCEED 40 000 TONNES AND THAT CATCHES IN THE FISHING ZONE OFF WEST GREENLAND MAY NOT EXCEED 35 000 TONNES .
6 IT IS CLEAR FROM THE PROVISIONS OF ARTICLE 8 OF THE ORDER TAKEN IN CONJUNCTION WITH ANNEX II THERETO , THAT THE QUANTITY OF SHRIMPS WHICH IT WAS PERMISSIBLE TO CATCH IN THE FISHING ZONE OFF GREENLAND WAS DIVIDED INTO CATCH-QUOTAS ALLOCATED TO GREENLAND , DENMARK , FRANCE AND THE FAEROE ISLANDS . ARTICLE 10 PROVIDES , IN THE EVENT OF A BREACH OF THOSE PROVISIONS , FOR THE ADMINISTRATION OF A WARNING OR THE IMPOSITION OF A FINE AS WELL AS FOR THE FORFEITURE OF FISHING GEAR AND CATCHES .
7 AFTER HIS SHIP WAS ARRESTED ON 16 JUNE 1978 IN GREENLAND MARITIME WATERS BETWEEN 12 AND 200 NAUTICAL MILES FROM THE GREENLAND BASE-LINES , MR KERR WAS ORDERED BY THE GROENLANDS LANDSRET ( PROVINCIAL COURT , GREENLAND ) FOR BREACH OF THE SAID DANISH LEGISLATION TO PAY A FINE OF DKR 100 000 AND TO FORFEIT DKR 41 150 CORRESPONDING TO THE VALUE OF THE CATCH OF SHRIMPS . BOTH THE DEFENDANT AND THE PUBLIC PROSECUTOR APPEALED AGAINST THAT JUDGMENT TO THE OESTRE LANDSRET .
8 IT SHOULD BE POINTED OUT THAT CAPTAIN KERR WAS THE HOLDER OF A LICENCE ISSUED ON 14 APRIL 1978 BY THE BRITISH MINISTER FOR AGRICULTURE , FISHERIES AND FOOD AUTHORIZING THE BOAT TO CATCH 475 TONNES OF SHRIMPS AFTER 6 JUNE 1978 IN THE AFOREMENTIONED SUB-AREA 0 - 1 .
9 TAKING THE VIEW THAT IT NEEDED A PRELIMINARY RULING FROM THE COURT OF JUSTICE IN ORDER TO DETERMINE THE COMPATIBILITY WITH COMMUNITY LAW OF DANISH ORDER NO 88 , THE OESTRE LANDSRET REFERRED TO THE COURT THE FOLLOWING QUESTIONS :
' ' 1 . IS IT COMPATIBLE WITH THE PROVISIONS OF THE EEC TREATY , IN PARTICULAR ARTICLE 7 THEREOF , FOR A MEMBER STATE TO HAVE ENACTED IN 1978 NATIONAL MEASURES ON FISHERIES DIVIDING THE TOTAL ALLOWABLE CATCH OF A SPECIFIED KIND OF FISH IN A SPECIFIED , LIMITED AREA OF THE STATE ' S FISHING ZONE ON THE BASIS OF PREVIOUS FISHING OF THE SAME NATURE IN THE AREA SO THAT THE MEMBER STATES WHICH CARRIED OUT SUCH FISHING BEFORE THE ENTRY INTO FORCE OF THE MEASURES WERE ALLOCATED A CATCH-QUOTA WHILST THE VESSELS OF OTHER MEMBER STATES WERE EXCLUDED FROM SUCH FISHING?