S.I. No. 510/2016 - Sea-Fisheries (Codend Mesh Size) Regulations 2016.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th October, 2016.

I, MICHAEL CREED, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by sections 3 and 15 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 )), hereby make the following regulations:

1. (1) These Regulations may be cited as the Sea-Fisheries (Codend Mesh Size) Regulations 2016.

(2) These Regulations come into effect on 1 January 2017.

2. (1) In these Regulations-

‘codend’ means a codend as defined in Commission Regulation (EEC) No 3440/84 of 6 December 1984;1

‘mesh size’ means the mesh size of any codend of a towed gear as defined in Commission Regulation (EC) No 517/2008 of 10 June 2008;2

‘demersal trawl’ means a trawl designed and rigged to operate on or near the seabed.

3. The master of an Irish sea-fishing boat greater than or equal to 12 metres in length overall that deploys more than one demersal trawl or similar towed gear simultaneously shall not use a net with a codend mesh size of less than 80mm.

4. (1) A master of an Irish sea-fishing boat shall not construct any codend or attach any device that obstructs or otherwise effectively diminishes the mesh size of the codend or any part of a towed gear.

(2) Notwithstanding paragraph (1), a master may use devices as set out in Articles 4 to 15 of Commission Regulation (EEC) No 3440/84 of 6 December 19843 as amended by Commission Regulation (EEC) No 955/87 of 1 April 1987,4 Commission Regulation (EEC) No 2122/89 of 14 July 19895 and Commission Regulation (EC) No 146/2007 of 15 February 2007, other than devices set out in Article 10 of that Regulation.6

/images/ls

GIVEN under my Official Seal,

26 September 2016.

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)

This instrument increases the minimum size of codend meshes from 70 mm to 80 mm, in order to minimise undersize/juvenile catches in demersal fisheries and for stock management and conservation purposes.

1 OJ L 318, 7.12.1984, p. 23

2 OJ L 151, 11.6.2008, p.5

3 OJ L 318, 7.12.1984, p. 23

4 OJ L 90, 2.4.1987, p. 29

5 OJ L 203, 15.7.1989, p. 21

6 OJ L 46, 16.2.2007, p. 9