S.I. No. 365/2019 - Sea-Fisheries (Community Control System) (Amendment) Regulations 2019


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd July, 2019.

I, MICHAEL CREED, Minister for Agriculture, Food and the Marine, 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, Fisheries and Food (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 455 of 2011 )), for the purpose of giving full effect to Council Regulation (EC) No 1224/2009 of 20 November 20091 (as amended by Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 20132 , Council Regulation (EU) No 1385/2013 of 17 December 20133 , Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 20144 and Regulation (EU) No 2015/812 of the European Parliament and of the Council of 20 May 20155 ), Commission Implementing Regulation (EU) No 404/2011 of 8 April 20116 (other than Title VII) (as amended by Commission Implementing Regulation (EU) 2015/1962 of 28 October 20157 ) and Regulation (EU) 2019/472 of the European Parliament and of the Council of 19 March 20198 , hereby make the following regulations:

1. These Regulations may be cited as the Sea-Fisheries (Community Control System) (Amendment) Regulations 2019.

2. The Sea-Fisheries (Community Control System) Regulations 2016 ( S.I. No. 54 of 2016 ) is amended:

(a) In Regulation 2(1) by deleting the definition of “Hake Regulation”,

(b) By substituting the following for Regulation 2(2): “A word or expression that is used in the Commission Regulation or the Council Regulation and is also used in these Regulations, has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Commission Regulation or the Council Regulation, as the case may be.”, and

(c) substituting the following for the Schedule (as inserted by the Sea-Fisheries (Community Control System) (Amendment) (No. 2) Regulations 2018 (S.I. No. 446 of 2018)):

Regulation 9

SCHEDULE

List of designated ports in the State for the purposes of Article 43(4) of the Council Regulation and Article 79 of the Commission Regulation.

Pelagic Species Including Blue Whiting Greater than 10 tonnes

Deep Sea Species greater than 100kg

Blue Fin Tuna (BFT)

Designated Ports Community Fishing Vessels

All ICES Zones

All ICES Zones

Port

An Daingean

YES

YES

YES

Baltimore

YES

YES

Castletownbere

YES

YES

YES

Clogherhead

YES

Dunmore East

YES

YES

Fenit

YES

Galway

YES

Greencastle

YES

Howth

YES

YES

Killybegs

YES

YES

YES

Port of Cork

YES

YES

Rathmullan

YES

Ros a Mhil

YES

YES

YES

Union Hall

YES

YES

”.

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GIVEN under my Official Seal,

16 July, 2019.

MICHAEL CREED,

Minister for Agriculture, Food and the Marine.

EXPLANATORY NOTE

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

These Regulations provide for the removal of designated ports for landings of Hake greater than 2 tonnes given the repeal of Council Regulation (EC) No 811/2004 of 21 April 2004 which established measures for the recovery of the Northern hake stock.

1 OJ L 343, 22.12.2009, p.1

2 OJ L 354, 28.12.2013, p. 1

3 OJ L 354, 28.12.2013, p.86

4 OJ L 149, 20.5.2014, p. 1

5 OJ L 133, 29.5.2015, p.1

6 OJ L 112, 30.4.2011, p.1

7 OJ L 287, 31.10.2015, p. 6

8 OJ L 83, 25.3.2019, P. 1