S.I. No. 397/2010 - European Communities (Natural habitats and birds) (Sea-fisheries) (Amendment) Regulations 2010.
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 17th August, 2010. | ||
I, BRENDAN SMITH, Minister for Agriculture, Fisheries and Food, in exer-cise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving further effect to Council Directive No. 79/409/EEC of 2 April 1979 1 (as amended by Council Directive No. 81/854/EEC of 19 October 1981 2 Commission Directive No. 85/411/EEC of 25 July 1985 3 , Council Directive No. 86/122/EEC of 8 April 1986 4 , Commission Directive No. 91/244/EEC of 6 March 1991 5 , Council Directive No. 94/24/EC of 8 June 1994 6 , Commission Directive No. 97/49/EC of 29 July 1997 7 , Council Directive No. 2006/105/EC of 20 November 2006 8 ) and Council Directive No. 92/43/EEC of 21 May 1992 9 (as amended by Council Directive No. 97/62/EC of 27 October 1997 10 , Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003 11 and Council Directive No. 2006/105/EC of 20 November 2006 12 ), so far as those Directives relate to the impact of sea-fisheries on the marine environment, hereby make the following Regulations: | ||
1. These Regulations may be cited as the European Communities (Natural habitats and birds) (Sea-fisheries) (Amendment) Regulations 2010. | ||
2. The European Communities (Natural habitats and birds) (Sea-fisheries) Regulations 2009 ( S.I. No. 346 of 2009 ) are amended— | ||
(a) by the substitution, for Regulation 3(4) (e) and (f), of- | ||
“(e) restricting, including prohibiting, times of fishing, | ||
(f) restricting, including prohibiting, the taking of particular species, | ||
(g) prohibiting the trans-shipment or landing of sea-fish or sea-fish of a particular class or description other than at specified places and within specified hours, | ||
(h) requiring the giving of specified advance notice of entry into port, and any other information as may be specified in the plan, | ||
(i) requiring the authorisation by an authorised officer for the landing of sea-fish generally or sea-fish of a particular class or description, | ||
(j) requiring the separate storage of different types of sea-fish or sea-fish caught in an area to which the plan relates and other sea-fish, | ||
(k) requiring the collection, collation and submission of specified data in relation to fishing for, trans-shipment or landing of sea-fish, | ||
(l) requiring the keeping of records in relation to the activities of the sea-fishing boat as may be specified in the plan, | ||
(m) requiring the facilitation of the placing of any person appointed by the Minister on board a sea-fishing boat to which a plan relates for the purposes of ensuring compliance with these Regulations or for, scientific observation, and require the provision of assistance and co-operation to that person in carrying out his or her duties or otherwise, | ||
(n) restricting the quantity of sea-fish or sea-fish of a particular class or description, that may be taken or retained, on board a particular sea-fishing boat in any specified area or part of it, or, in respect of fish taken or retained on board, that may be landed or trans-shipped from that boat, and | ||
(o) by which the effect on target species and other species are to be monitored.”, | ||
(b) by the substitution, for Regulation 4(4) (e) and (f), of— | ||
“(e) restricting, including prohibiting, times of fishing, | ||
(f) restricting, including prohibiting, the taking of particular species, | ||
(g) prohibiting the trans-shipment or landing of sea-fish or sea-fish of a particular class or description other than at specified places and within specified hours, | ||
(h) requiring the giving of specified advance notice of entry into port, and any other information as may be specified in the declaration, | ||
(i) requiring the authorisation by an authorised officer for the landing of sea-fish generally or sea-fish of a particular class or description, | ||
(j) requiring the separate storage of different types of sea-fish or sea-fish caught in an area to which the declaration relates and other sea-fish, | ||
(k) requiring the collection, collation and submission of specified data in relation to fishing for, trans-shipment or landing of sea-fish, | ||
(l) requiring the keeping of records in relation to the activities of the sea-fishing boat as may be specified in the declaration, | ||
(m) requiring the facilitation of the placing of any person appointed by the Minister on board a sea-fishing boat to which a declaration relates for the purposes of ensuring compliance with these Regulations or for, scientific observation, and require the provision of assistance and co-operation to that person in carrying out his or her duties or otherwise, | ||
(n) restricting the quantity of sea-fish or sea-fish of a particular class or description, that may be taken or retained, on board a particular sea-fishing boat in any specified area or part of it, or, in respect of fish taken or retained on board, that may be landed or trans-shipped from that boat, and | ||
(o) by which the effect on target species and other species are to be monitored.”, | ||
(c) by the substitution in Regulation 4 (5) for “notice” of “declaration”, and | ||
(d) by the substitution in Regulation 4 (6) for “notice of the publication of a notice shall be made publishing the notice” of “notice of the publication of a declaration shall be published”. | ||
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GIVEN under my Official Seal, | ||
11 August 2010. | ||
BRENDAN SMITH, | ||
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.) | ||
The effect of these regulations is to amend S.I. 346 of 2009 , which provide for the management of sea-fisheries that may impact on Natura 2000 sites. The amendments are designed to allow for the more effective management of certain fisheries. | ||
2 OJ L 319 of 7.11.1981, p. 3. 3 OJ L 233 of 30.8.1985, p.33. 4 OJ L 100 of 16.4.1986, p. 22. 5 OJ L 115 of 8.5.1991, p. 41. 7 OJ L 223 of 13.8.1997, p. 9. 8 OJ L 363 of 20.12.2006, p.368. 10 OJ L 305 of 8.11.1997, p. 42. |
