S.I. No. 453/2010 - Sea-Fisheries (Landing and weighing of pelagic fish) Regulations 2010.
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 24th September, 2010. | ||
I, SEAN CONNICK, Minister of State at the Department of Agriculture, Fisheries and Food, 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 and Food (Alteration of Name of Department and Title of Minister) Order 2007 ( S.I. No. 705 of 2007 )) and the Agriculture, Fisheries and Food (Delegation of ministerial functions) Order 2010 ( S.I. No. 303 of 2010 ), for the purpose of giving full effect to Commission Regulation (EC) No. 1542/2007 of 20 December 20071 as amended by Commission Regulation (EU) No. 607/2010 of 9 July 20102 , hereby make the following regulations: | ||
1. These Regulations may be cited as the Sea-Fisheries (Landing and weighing of pelagic fish) Regulations 2010. | ||
2.(1) In these Regulations “Commission Regulation” means Commission Regulation (EC) No. 1542/2007 of 20 December 2007 as amended by Commission Regulation (EU) No. 607/2010 of 9 July 2010. | ||
(2) A word or expression that is used in the Commission Regulation and is also used in these Regulations has, in these Regulations, the same meaning as in the Commission Regulation. | ||
3.(1) The ports designated within the State for the purposes of Article 2 of the Commission Regulation are An Daingean (Dingle), Baltimore, Castletownbere, Duncannon, Dunmore East, Howth, Killybegs, Rathmullen, Ringaskiddy and Ros-a-Mhil (Rossaveal). | ||
(2)A person shall not land or tranship mackerel or horse mackerel at Duncannon. | ||
4. The functions specified in Articles 4, 7, 15, 16 and 17 of the Commission Regulation are exercisable by the Sea-Fisheries Protection Authority or by a sea-fisheries protection officer. | ||
5.(1) A person shall not use a weighing system to weigh pelagic fish unless the system has been approved and, in the case of a privately operated weighing system, calibrated and sealed by the Legal Metrology Service of the National Standards Authority of Ireland. | ||
(2) The Sea-Fisheries Protection Authority may approve a weighing system, revoke an approval or refuse an application for the purposes of the Commission Regulation. | ||
(3) A person shall not interfere with a weighing system in a manner that it may give a false result. | ||
6.(1) A person shall not, by act or omission, contravene— | ||
(a) Article 2, which restricts landings to designated ports, | ||
(b) Article 3, which relates to information to be furnished prior to landing, | ||
(c) Article 5(1), which relates to the submission of logbook data, | ||
(d) Article 6, which relates to weighing of fresh fish, | ||
(e) Article 7(2) or (3), which relate to weighing after transport, | ||
(f) Article 8, which relates provision of weighing slips if publicly operated weighing systems are used, | ||
(g) Article 9(3), which relates to maintenance of a weighing logbook if privately operated weighing facilities are used, | ||
(h) Article 9(4), which relates to use of conveyer belt weighing systems, | ||
(i) Article 10, which relates to labelling and stamping of frozen fish, | ||
(j) Article 11, which relates to weighing frozen fish, | ||
(k) Article 12, which relates to keeping weighing documents, | ||
(l) Article 13, which relates to submission of sales notes and takeover declarations, | ||
(m) Article 14, which provides for access to weighing systems and records, | ||
contravene the Commission Regulation. | ||
(2) A person shall not, by act or omission, contravene Regulation 3(2), 5 or 6 of these Regulations. | ||
7. A person shall not buy, handle, weigh, transport, process, store or sell herring, mackerel or horse mackerel that has been landed or transhipped in contravention of Regulation 3 or 6. | ||
8. The Sea-Fisheries (Landing and weighing of pelagic fish) Regulations 2008 ( S.I. No. 15 of 2008 ) are revoked. | ||
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GIVEN under my hand, | ||
16 September 2010. | ||
SEAN CONNICK, | ||
Minister of State at the Department of Agriculture, Fisheries and Food. | ||
EXPLANATORY NOTE | ||
(This note is not part of the Instrument and does not purport to be a legal interpretation.) | ||
These Regulations transpose into Irish Law the provisions of Council Regulation (EC) No. 1542/2007, as amended by Commission Regulation (EU) No. 607/2010 of 9 July 2010, which establishes weighing procedures for fishing vessels landing Herring, Mackerel and Horse Mackerel. | ||
