S.I. No. 353/2005 - Sea Fisheries (Tuna and Certain Other Species Fishing) Regulations 2005
SEA FISHERIES (TUNA AND CERTAIN OTHER SPECIES FISHING) REGULATIONS 2005 | ||
I, Pat the Cope Gallagher, Minister of State at the Department of Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 224B (inserted by section 5 of the Fisheries (Amendment) Act 1983 (No. 27 of 1983)) of the Fisheries (Consolidation) Act 1959 (No. 14 of 1959) as amended by the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1977 ( S.I. No. 30 of 1977 ) (as adapted by the Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 307 of 2002 ) and the Marine (Delegation of Ministerial Functions) (No. 2) Order 2004 ( S.I. No. 703 of 2004 )), for the purpose of giving effect to Council Regulation (EC) No. 1239/98 of 8 June 19981 and to that part of Annex IE of Council Regulation (EC) No. 27/2005 of 22 December 20042 which refers to Northern Albacore (Germo alalunga), hereby make the following regulations: 1. These Regulations may be cited as the Sea Fisheries (Tuna and Certain Other Species Fishing) Regulations 2005. | ||
These Regulations shall come into operation on 8 July 2005. 2. (1) In these Regulations - | ||
“the Annex” means Annex VIII (inserted by Council Regulation (EC) No. 1239/98 of 8 June 19981 ) of Council Regulation (EC) No. 894/97 of 29 April 19973 ; | ||
“Council Regulations” means Council Regulation (EC) No. 894/97 of 29 April 19973 , as amended by Council Regulation (EC) No. 1239/98 of 8 June 19981 , and Council Regulation (EC) No. 27/2005 of 22 December 20042 and any future regulation of the Council of the European Union made after the making of these Regulations which amends, extends, replaces or consolidates (with or without modifications) the Council Regulations (as defined herein); | ||
“gill nets” means any type of gill nets, driftnets, bottom set gill nets, trammel nets and entangling nets; | ||
“Irish sea fishing boat” means a boat entered in the Register of Fishing Boats; | ||
“master”, in relation to an Irish sea-fishing boat, includes a person in charge of the boat; | ||
“the Minister” means the Minister of State at the Department of Communications Marine and Natural Resources; | ||
“Register of Fishing Boats” means the Register of Fishing Boats established and maintained pursuant to the Merchant Shipping Act 1894 (as adapted and amended by any subsequent enactments); | ||
“sea fisheries protection officer” means an officer of the Minister authorised by the Minister as a sea fisheries protection officer for the purposes of the Fisheries Acts 1959 to 2003 and of these Regulations; | ||
“tuna” means Albacore (Thunnus alalunga), listed in the Annex, as well as Northern Albacore (Germo alalunga), referred to in Annex IE of Council Regulation (EC No. 27/2005 of 22 December 20042 ; | ||
“tuna fishing” means fishing for tuna and certain other species listed in the Annex by means of fishing gears other than any type of gill net, driftnets, bottom set gill nets, trammel nets and entangling nets. | ||
(2) A word or expression that is used in these Regulations and is also used in the Council Regulations has, unless the contrary intention appears, the same meaning. 3. A person who is the owner, charterer or hirer of an Irish sea fishing boat may not engage in fishing for tuna or for the species listed in the Annex unless an authorisation has been granted under Regulation 4 of these Regulations for the purposes of conducting tuna fishing. 4. (1) The Minister may, upon the application of any person who is the owner, charterer or hirer of an Irish sea-fishing boat and upon being furnished by the person with any information which the Minister may reasonably require in relation to the application grant to the person an authorisation for the purposes of conducting tuna fishing. | ||
(2) An authorisation under this Regulation shall stand revoked if the holder of the authorisation ceases to be the owner, charterer or hirer of the boat to which the authorisation relates or does not or ceases to hold a licence granted under section 222B (inserted by section 2 of the Fisheries (Amendment) Act, 1983 ) of the Fisheries (Consolidation) Act, 1959 or ceases to be registered in the Register of Fishing Boats. | ||
(3) An authorisation under this Regulation shall be subject to any or all of the following conditions as the Minister thinks fit and specifies in the authorisation: | ||
(i) specifying the quantities or types of fishing gear or gears which may be kept on board or used for the purposes of tuna fishing, and the manner in which such gear or gears may be used; | ||
(ii) specifying the duration of the authorisation; | ||
(iii) restricting the quantity of tuna or of the species listed in the Annex that may be taken, landed or transhipped in a specified period or periods; | ||
(iv) prohibiting the landing or transhipment of tuna or of the species listed in the Annex other than at specified places; | ||
(v) the collection, collation and submission of all specified data considered necessary in relation to tuna fishing; | ||
(vi) the keeping by the master of the boat in relation to the activities of the boat such records as may be specified by the Minister in the authorisation under this Regulation; | ||
(vii) requiring the master of the boat concerned at all times on a request being made in that behalf to facilitate the boarding and inspection of the boat and inspection of the authorisation and any records kept on board the boat in relation to the boat, whether pursuant to a requirement of the authorisation or otherwise, by a sea fisheries protection officer and the taking of copies of the authorisation or any such records by such an officer; | ||
(viii) requiring the master of the boat to facilitate the placing of any person appointed by the Minister on board the vessel for the purposes of ensuring compliance with the requirements of the authorisation, fisheries legislation generally and scientific observation or otherwise; | ||
(ix) requiring the keeping of the authorisation on the boat concerned; or | ||
(x) requiring the surrender of the authorisation by the holder to the Minister or a sea fisheries protection officer upon its expiry or revocation. 5. The master of a vessel in respect of which an authorisation has been granted under Regulation 4 of these Regulations shall be prohibited during the period of validity of such authorisation from having any gill nets on board that vessel. 6. Neither an Irish sea-fishing boat nor a person on board an Irish sea-fishing boat shall engage in fishing for tuna or for the species listed in the Annex and the master of an Irish sea-fishing boat shall not cause or permit the boat or any person on board to engage in fishing for tuna or for the species listed in the Annex unless operating under an authorisation granted under Regulation 4 of these Regulations. 7. The Minister may, if he or she is satisfied that there has been a failure to comply with all relevant EU and national legislation or with a condition specified in an authorisation granted under Regulation 4 of these Regulations by the holder of the authorisation or the master of the vessel to which such an authorisation relates, revoke the authorisation. 8. The Minister may at any time revoke or vary any condition, or insert a new condition, under Regulation 4 of these Regulations, and the condition as so revoked, varied or inserted shall be regarded as being specified in the authorisation. 9. Neither a person to whom an authorisation is granted under Regulation 4 of these Regulations nor the master of an Irish sea-fishing boat to which such an authorisation relates shall fail to comply with a condition specified in the authorisation or cause or permit such a failure. 10. The following Order is hereby revoked: | ||
Sea Fisheries (Tuna and Certain Other Species Fishing) (No. 2) Order, 2004 ( S.I. No. 380 of 2004 ). | ||
GIVEN under my Official Seal, | ||
12 July 2005 | ||
Pat the Cope Gallagher | ||
Minister of State at the Department of Communications, | ||
Marine and Natural Resources | ||
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EXPLANATORY NOTE | ||
(This note is not part of the instrument and does not purport to be a legal interpretation.) | ||
The effect of these Regulations is to allow for the fishing for tuna and certain other species by means of fishing gears other than any type of gill net, driftnets, bottom set gill nets, trammel nets and entangling nets. These Regulations come into operation on 8 July 2005. | ||
2 O.J. L12, 14.1.2005, pp. 1-151. |