S.I. No. 532/2007 - Cockle (Fisheries Management and Conservation) (Dundalk Bay) Regulations 2007

S.I. No. 532 of 2007

COCKLE (FISHERIES MANAGEMENT AND CONSERVATION) (DUNDALK BAY) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th July, 2007.

I, EAMON RYAN, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 15 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006), hereby make the following regulations—

1. These Regulations may be cited as the Cockle (Fisheries Management and Conservation) (Dundalk Bay) Regulations 2007.

2. These Regulations come into operation on 21 July 2007.

3. In these Regulations—

“cockle” means Cerastoderma edule;

“cockle suction dredge” means any appliance with a rigid framed mouth that is towed through the water, is manufactured, adapted, used or intended to be used for the purpose of fishing for cockles, and that uses a water suction pump to transport cockles from the cockle dredge to the vessel during fishing operations;

“cockle non-suction dredge” means any appliance with a rigid framed mouth that is towed through the water, is manufactured, adapted, used or intended to be used for the purpose of fishing for cockles, and that does not use a water suction pump to transport cockles from the cockle dredge to the vessel during fishing operations;

“dredge width” means the internal width of the front of the rigid framed mouth of a cockle suction dredge or a cockle non-suction dredge;

“Dundalk Bay” means waters to the west of the line between Ballagan Point (latitude 53° 59 59” N, longitude 6° 6 13” W) and Dunany Point (latitude 53° 51 38” N, longitude 6° 14 17” W) up to the high water mark, in the county of Louth;

“fishing period” means the 5 day period beginning 07.00 on a Monday until 19.00 on the subsequent Friday;

“gradation” means the process whereby the dimensions of a cockle shell are established;

“maximum width” means the maximum measure on the smallest dimension of a cockle shell;

“specified period” means from 21 July to 28 February the following year;

“specified sub-areas” means waters within Dundalk Bay that are defined as follows—

(a) the waters bounded by straight lines sequentially joining the following geographical coordinates—

— latitude 54° 00 29.78" N, longitude 6° 19 14.91" W,

— latitude 54° 00 16.28" N, longitude 6° 17 45.32" W, to

— latitude 53° 59 43.53" N, longitude 6° 17 57.37" W, to

— latitude 53° 59 55.36" N, longitude 6° 19 27.06" W,

(b) the waters bounded by straight lines sequentially joining the following geographical coordinates—

— latitude 53° 59 23.04" N, longitude 6° 19 25.54" W,

— latitude 53° 59 06.98" N, longitude 6° 18 47.64" W, to

— latitude 53° 57 48.47" N, longitude 6° 20 24.02" W, to

— latitude 53° 58 06.88" N, longitude 6° 21 10.35" W,

(c) the waters bounded by straight lines sequentially joining the following geographical coordinates—

— latitude 53° 55 36.04" N, longitude 6° 21 28.83" W,

— latitude 53° 57 32.08" N, longitude 6° 21 21.49" W, to

— latitude 53° 57 30.81" N, longitude 6° 20 24.73" W, to

— latitude 53° 55 34.82" N, longitude 6° 20 31.90" W,

(d) the waters bounded by straight lines sequentially joining the following geographical coordinates—

— latitude 53° 54 36.52" N, longitude 6° 21 26.74" W,

— latitude 53° 55 09.21" N, longitude 6° 21 24.67" W, to

— latitude 53° 55 07.97" N, longitude 6° 20 27.98" W, to

— latitude 53° 54 35.26" N, longitude 6° 20 30.06" W, and

(e) the waters bounded by straight lines sequentially joining the following geographical coordinates—

— latitude 53° 53 11.42" N, longitude 6° 20 49.33" W,

— latitude 53° 53 16.53" N, longitude 6° 20 19.71" W, to

— latitude 53° 52 35.99" N, longitude 6° 19 16.74" W, to

— latitude 53° 52 33.04" N, longitude 6° 19 51.10" W;

“under-sized cockles” means cockles that are less than 17mm maximum width.

4. (1) Subject to paragraph (2), an Irish sea-fishing boat, or a person on board such a boat, shall not fish for cockles in Dundalk Bay, nor land, tranship, have or retain on board cockles taken in that bay.

(2) Subject to paragraph (3), an Irish sea-fishing boat, or a person on board such a boat, may, during the specified period, fish for cockles in the specified sub-areas, or have or retain on board or land cockles taken in those sub-areas.

(3) During the specified period an Irish sea-fishing boat, or a person on board such a boat, shall not fish for cockles in the specified sub-areas, or have or retain on board or land cockles taken in those sub-areas—

(a) outside of a fishing period, or

(b) during the period beginning at 19:00 hours on any day and ending at 07:00 hours on the following day.

5. An Irish sea-fishing boat, or a person on board such a boat, shall not have or retain on board or land more than 1 tonne of cockles, taken in the specified sub-areas, between 07:00 hours and 19:00 hours on any day during the specified period.

6. (1) An Irish sea-fishing boat or a person on board the boat shall not retain on board other than for gradation purposes or land under-sized cockles.

(2) It is prohibited to return to the water, an under-size cockle, in an area, other than the specified sub-area from where it was taken.

7. An Irish sea-fishing boat, or a person on board such a boat, shall not have or retain on board—

(a) a cockle suction dredge with a dredge width greater than 0.76 metres, or

(b) a cockle non-suction dredge with a dredge width greater than 1.0 metres.

8. The master of an Irish sea-fishing boat fishing for cockles in the specified sub-areas shall—

(a) complete a daily record of fishing activity undertaken by the boat in Dundalk Bay for every fishing period in a record book issued in respect of the boat by the Minister, and

(b) send the book to the address stated on it within 3 days of the end of the relevant fishing period.

GIVEN under my Official Seal,

20 July 2007

EAMON RYAN.

Minister for Communications, Marine and Natural Resources.

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 restrict fishing of cockles by Irish sea-fishing boat in Dundalk Bay. These Regulations come into effect from 21st July 2007.

These Regulations implement the following restrictions:

•Irish sea-fishing boats may only fish for cockles in the specified sub-areas during the period from 01:00 hours on 21st July to 23:59 hours on 28 February the following year.

•During this period, such boats may only fish for cockles in the specified sub-areas between 07:00 hours and 19:00 hours, Monday to Friday.

•Irish sea-fishing boats may only catch 1 tonne of cockles each day.

•Irish sea-fishing boats may not catch or land a cockle that is smaller than 17mm in width.

•Cockles under 17mm must be returned to the water in the specific area in which they were taken from the water.

•Irish sea-fishing boats may not use a cockle suction dredge with a dredge width greater than 0.76 metres, or a cockle non-suction dredge with a dredge width greater than 1.0 metres.

These Regulations also make it mandatory for masters, or persons nominated on their behalf, of Irish sea-fishing boats fishing for cockles in Dundalk Bay to—

•complete and submit information regarding fishing activity and landings by use of a Dundalk Bay Fishing Activity Record Book and

•to submit this document to the relevant authority within 3 days of the end of the Monday to Friday fishing period.