S.I. No. 15/2008 - Sea-Fisheries (Landing and Weighing of Pelagic Fish) Regulations 2008


S.I. No. 15 of 2008

SEA-FISHERIES (LANDING AND WEIGHING OF PELAGIC FISH) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th February, 2008.

I, MARY COUGHLAN, Minister for Agriculture, Fisheries and Food, in exercise of the powers conferred on me by sections 3 and 14 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006) and the Sea-Fisheries, Foreshore and Dumping at Sea (Transfer of Departmental Administration and Ministerial Functions) Order 2007 ( S.I. No. 707 of 2007 ) (as adapted by the Agriculture and Food (Alteration of Name of Department and Title of Minister) Order 2007 ( S.I. No. 705 of 2007 )), for the purpose of giving full effect to Commission Regulation (EC) No. 1542/2007 of 20 December 2007 1 , hereby make the following regulations—

1. These Regulations may be cited as the Sea-Fisheries (Landing and weighing of pelagic fish) Regulations 2008.

2. (1) In these Regulations “Commission Regulation” means Commission Regulation (EC) No. 1542/2007 of 20 December 2007.

(2) A word or expression that is used in the Commission Regulation and is also used in these Regulations has, in these Regulations, the same meaning as in the Commission Regulation.

3. (1) The ports designated in Ireland for the purposes of Article 2 of the Commission Regulation are those set out in the Schedule. The ports designated in other member states and in third countries that have concluded agreements with the Community are those listed on the website of the Commission of the European Communities.

(2) Of the pelagic species covered by the Commission Regulation, a person may only land or tranship Herring at Duncannon. A person shall not land or tranship mackerel or horse mackerel at Duncannon.

4. The functions specified in 4, 7, 15, 16 and 17 are exercisable by the Sea-Fisheries Protection Authority and by a sea-fisheries protection officer.

5. A person shall not contravene—

(a) Article 2, 3, 4, 5, 6, 7(2) or (3), 8, 9, 10, 11, 12, 13 or 14 of the Commission Regulation, or

(b) Regulation 3(2) of these Regulations.

6. A person shall not buy, handle, weigh, transport, process, store or sell herring, mackerel or horse mackerel that has been landed or transhipped in contravention of Regulation 3 or 5.

7. The Sea-Fisheries (Weighing procedures for herring, mackerel and horse-mackerel) (No. 2) Regulations 2007 are revoked.

Article 3(1).

SCHEDULE

Designated ports

Ireland: An Daingean (Dingle), Baltimore, Castletownbere, Duncannon, Dunmore East, Howth, Killybegs, Rathmullen, Ringaskiddy and Ros-a-Mhil (Rossaveal).

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GIVEN under my Official Seal,

30 January 2008

MARY COUGHLAN.

Minister for Agriculture, Fisheries and Food.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation)

These Regulations transpose into Irish law the provisions of Council Regulation (EC) No. 1542/2007 which establishes weighing procedures for fishing vessels landing herring, mackerel and horse mackerel.

1 O.J. No. L 337 of 21.12.2007, p. 56.