FOR HERRING IN THE PART OF THE MOURNE FISHERY COMING WITHIN ITS JURISDICTION ; THIS PROHIBITION WAS EFFECTIVE AS FROM 6 FEBRUARY 1978 .
19 FOR ITS PART , THE UNITED KINGDOM DID NOT ADOPT MEASURES CONCERNING THE PART OF THE MOURNE FISHERY COMING WITHIN ITS JURISDICTION UNTIL SEPTEMBER 1978 . ON 18 SEPTEMBER 1978 THE BRITISH GOVERNMENT NOTIFIED THE COMMISSION PURSUANT TO ANNEX VI TO THE HAGUE RESOLUTION IN ORDER TO OBTAIN THE COMMISSION ' S APPROVAL FOR THE IMMEDIATE CLOSURE OF THE PART OF THE MOURNE FISHERY OFF THE COAST OF NORTHERN IRELAND FOR THE REMAINDER OF 1978 . A DRAFT ORDER WAS ANNEXED TO THAT NOTIFICATION .
20 IN TERMS OF THIS DRAFT THE MEASURE WAS TO TAKE EFFECT AT MIDNIGHT ON 19 SEPTEMBER BUT THE FISHING BAN INCLUDED AN EXEMPTION FOR BOATS OF UNDER 35 FEET REGISTERED LENGTH , APPLICABLE WITHIN A HALF-MILE OFF THE COAST OF COUNTY DOWN IN NORTHERN IRELAND FOR A CATCH OF 400 TONNES OF HERRING DURING A PERIOD FROM 20 SEPTEMBER TO THE DATE OF EXHAUSTION OF THE QUOTA OF 400 TONNES , OR , AT THE LATEST , 27 OCTOBER 1978 . IT SHOULD BE OBSERVED THAT IT HAS BEEN IMPOSSIBLE TO CLARIFY WHETHER THAT QUOTA WAS INTENDED TO BE CAUGHT DURING THE PERIOD THUS DEFINED , AS SEEMS TO FOLLOW FROM THE BRITISH GOVERNMENT ' S NOTIFICATION , OR WHETHER IT IS THE TOTAL QUOTA FOR THE WHOLE FISHING SEASON , AS EXPLAINED AT THE HEARING BY THE UNITED KINGDOM .
21 THE COMMISSION DID NOT GIVE ITS APPROVAL TO THE MEASURE NOTIFIED BY THE UNITED KINGDOM . THAT MEASURE WAS BROUGHT INTO FORCE BY THE HERRING ( RESTRICTION OF FISHING ) REGULATIONS ( NORTHERN IRELAND ) 1978 S.R . 1978 NO 277 , IN ACCORDANCE WITH THE TEXT NOTIFIED TO THE COMMISSION . THE EXCEPTION PROVIDED FOR IN THOSE RULES WAS REVOKED BY THE HERRING ( RESTRICTION OF FISHING ) ( AMENDMENT ) REGULATIONS ( NORTHERN IRELAND ) 1978 , S.R . 1978 NO 286 , WHICH CAME INTO OPERATION ON 26 SEPTEMBER 1978 . IT FOLLOWS FROM THE EXPLANATIONS OF THE UNITED KINGDOM GOVERNMENT THAT AT THAT DATE THE 400-TONNE CATCH QUOTA HAD BEEN EXHAUSTED .
22 THE COMMISSION ' S COMPLAINTS , AS SET OUT IN THE REASONED OPINION AND THE APPLICATION , ESSENTIALLY CONCERN THE PROCEDURE FOLLOWED BY THE UNITED KINGDOM FOR THE PURPOSE OF INTRODUCING THE MEASURE DESCRIBED ABOVE AND THE PROVISIONS OF THAT MEASURE . THE COMMISSION CONSIDERS THAT BY NOTIFYING ON 18 SEPTEMBER A MEASURE INTENDED TO COME INTO OPERATION THE FOLLOWING DAY THE GOVERNMENT OF THE UNITED KINGDOM CANNOT BE CONSIDERED SERIOUSLY TO HAVE SOUGHT THE COMMISSION ' S APPROVAL IN ACCORDANCE WITH ANNEX VI TO THE HAGUE RESOLUTION . IT CLAIMS THAT THIS CONDUCT IS ALL THE MORE UNACCEPTABLE SINCE IT IS COMMON KNOWLEDGE THAT ON 7 JULY 1978 THE MINISTER FOR FISHERIES MADE A STATEMENT TO THE HOUSE OF COMMONS FROM WHICH IT EMERGES THAT AT THAT DATE THE